Legal Research, Analysis and Writing I for International LL.M. Students

Memorandum #2 Assignment

Legal Research, Analysis and Writing I for International LL.M. Students

You are an associate attorney in your first year at Shelby, Rodriguez & Hay, a nationally 

recognized criminal defense law firm. After passing the bar, you were assigned to the Garden 

City, New York satellite office. 

The partner that you work for, Helen Hay, has asked you to assist her with a new client’s 

legal matter. Atty. Hay has asked you to write a memorandum (6 pages or shorter) analyzing 

whether Abraham Potter violated New York Vehicle and Traffic Law § 1192(1). Atty. Hay 

predicts the major focus of the memorandum will be the “operation” issue, as she has told you it 

is likely that all other elements of New York Vehicle and Traffic Law § 1192(1) liability have 

been satisfied in this case. You have been asked to submit this Memorandum as an attached 

Word Document to [email protected] by 9 P.M. on Tuesday, November 29, 2022. 

.

INFORMATION FROM POLICE TICKET – 10/9/2022

Statement of NYPD Patrol Officer Haresh Singh: “On October 9, 2022, anon call was 

received regarding a vehicle on the westbound shoulder of the Grand Central Parkway service 

road near exit 15. At approximately 4:56 am, Officer Singh pulled up behind a black 2018 Kia 

Rio in that location. Ofcr observed that vehicle was occupied in driver’s seat. Vehicle’s 

headlights were on and the brake lights were on, indicating that the driver had his foot pressing 

on the brake pedal. Ofcr approached the driver side and knocked on the driver’s side window, 

which was partially rolled down. No response from veh occupant. Ofcr could hear music playing 

loudly through the vehicle’s speakers. Ofcr knocked again. Individual was unresponsive. Fearing 

indiv was having a medical emergency, Ofcr opened veh door, which was unlocked. With the 

door open, she saw a male in his mid-20s. He appeared to be asleep or unconscious and was 

slumped over the steering wheel. Ofcr noted a strong scent of alcohol but saw no alcohol 

containers in the vehicle. The vehicle key was in the center console. Veh has a push-button start. 

Veh was in accessory mode. Control panel was on, music was playing, the moon roof was open, 

and air was blowing through the vents. Veh was in PARK and the individual’s foot was on the 

brake pedal. The male in driver’s seat was the only human occupant of the vehicle. But with the 

vehicle door open, Ofcr could see a medium-sized dog, a pomeranian, asleep on the floor of the 

passenger side. Ofcr could see individual was breathing. She grabbed his shoulder and gave him 

a shake. He woke up. She asked him if he was OK. He replied, “I am great.” She asked his name 

and he replied “I’m Abe.” Then he pointed to the dog and said, “That’s Buster.” The individual 

appeared intoxicated and disoriented. Ofcr asked if the KIA RIO was his car, and he replied 

“Yeah, I leased it last month. It looks good, right? Kind of like a spaceship.” Ofcr asked if he had 

been drinking, and he replied, “Oh yeah. Definitely.” Ofcr asked if he had been driving, and he 

replied, “No way. I have been dreaming. My friend left me here with his dog. We were having a 

fight. He was losing it. Right, Buster?” Ofcr asked his friend’s name, and he replied “His name is 

Ryan.” Ofcr asked the friend’s last name and the individual replied, “I can’t remember.” Ofcr 

asked why he was in the driver’s seat if he hadn’t been driving and he replied, “I had to slide 

over. It was so hot in here! But things were spinning. I wanted to make sure the car stayed put. I 

don’t want to spin off into space! Look at that moon up there! And I needed some air on my face. 

Full blast! When we sober up we are going to drive home. Right, Buster?” Ofcr asked individual 

for ID. She then asked him to consent to a bloodalcohol breath test. He tested .16% BAC. Ofcr 

arrested him for suspected driving while intoxicated under Vehicle and Traffic Law § 1192.” 

FILED 6:56 A.M., 73rd Precinct QUEENS

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