Judge Linda Poust Lopez
Ausby was arrested and charged with two counts of driving while intoxicated and one count of driving while impaired. He sought dismissal under Criminal Procedure Law §30.30. Prosecutors did not file a chemical test analysis to corroborate the .13 blood alcohol level, thus the court noted the driving while intoxicated charge remained unsupported by non-hearsay allegations. Yet, prosecutors stated they were "ready." Ausby argued prosecutors did not have a jurisdictionally sufficient information until they filed a superseding information more than 90 days after arraignment, thus prosecutors' §30.30 time expired, and dismissal was warranted. He also argued against the ideas of "partial conversion" and "partial readiness." The court stated prosecutors did not have a valid, jurisdictionally sufficient information until the superseding information was filed. It noted "partial conversion" could not be justified, and "partial readiness" contradicted established caselaw, and was "actually impossible." The court rejected prosecutors' contention they could be "ready" on two counts of the instrument, but "not ready" on a third. It concluded that when the time period for the highest offense in the action expired, the whole action must be dismissed, granting Ausby's motion.
