What factors are considered in determining whether to dismiss a charge of driving under the influence of alcohol?

The primary reason for the delay is the People not being ready for trial. The Defendant is responsible for the period of time he was out on a warrant from between October 13, 2016 and October 31, 2016. Additionally, while time spent on motion practice may often times be chargeable to the Defendant, in this case the motions were filed only in response to the people's failure to be ready and not attributable the Defendant (see People v. Polite , 16 Misc 3d 18, 19 [App Term 1st Dept 2007). Given the nature and length of the delay this factor weighs heavily in favor of dismissal.

Here while the underlying charge is serious it is also true that it is a traffic infraction. The Defendant is facing a serious driving charge. It goes without saying that one who drives while under the influence of alcohol is at a higher risk of causing an accident and hurting an innocent party. However, there is no indication that the trial of this Driving While Ability is Impaired by Alcohol charge is a complex legal matter requiring much preparation and proof to prosecute (See People v. Brown , 54 Misc 3d 133(A) [App Term 2nd Dept 2017] ). Under the circumstances presented here, this factor weighs in favor of dismissal.