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 o..c@stjohns.edu 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