DA Hoovler: Jury Trial Conviction in Driving While Intoxicated

ORANGE COUNTY – Orange County District Attorney David M. Hoovler announced that on Friday, July 14, 2023, Tobin Zahangir, age 27, of Hopewell Junction, was convicted following a two-day jury trial in the Newburgh City Court of Driving While Intoxicated and Failure to Obey a Traffic Control Device. The defendant is scheduled to be sentenced on September 25, 2023. Zahangir had been previously convicted of the charges after a jury trial held in 2019, however the conviction was subsequently overturned by the Appellate Term of the Supreme Court which ordered the defendant a new trial.

Call was arrested in the early morning hours of May 4, 2019 after members of the New York State Police observed him disobey a red traffic light while driving on Broadway in the City of Newburgh. When the Troopers approached the vehicle, they noticed the tell-tale signs of intoxication. The defendant said that he was coming from New Paltz and heading to a hotel. The defendant agreed to take and subsequently failed a series of roadside sobriety tests. When brought back to the New York State Police Barracks, the defendant submitted to a chemical test to determine his blood alcohol content which revealed it was over the legal limit at 0.09%.

District Attorney Hoovler thanked the New York State Police for their investigation and the arrest of the defendant.

“Our roads are a shared resource and we all deserve to travel free of intoxicated drivers,” said District Attorney David M. Hoovler. “This defendant chose to get behind the wheel of a vehicle while intoxicated, instead of calling for a taxi or choosing a safe alternative. By doing so, this defendant chose to place his interests before those of society and I am grateful that the jury in this case held him responsible for his actions. I commend the dedicated work of the New York State Police who patrol our streets to make sure that they are safe for us all. My Office will continue to prioritize intoxicated and impaired driving cases.”

District Attorney Hoovler highly commended Assistant District Attorney Cassidy Turi who prosecuted the case and Assistant District Attorney Alexandra Pietropaolo who handled the trial in 2019.

A criminal charge is merely an allegation by the police that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.