People v. Turner

Judgment, Supreme Court, New York County (Patricia Nunez, J.) rendered January 24, 2013, convicting defendant, upon her plea of guilty, of driving while intoxicated, and sentencing her to a conditional discharge for a period of three years, with a $1,000 fine and community service, unanimously affirmed.

The court properly denied defendant’s suppression motion. Regardless of what predicate is required for the police to administer a portable breath test to a lawfully stopped motorist (see People v Brockum, 88 AD2d 697 [3d Dept 1982]), here defendant’s pattern of behavior amply provided the police with probable cause to believe that she was intoxicated.