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Prosecutor Charged With Drunk Driving Avoids License Suspension

Jennifer Troiano, a Bronyx prosecutor, dodged a one-year driver's license suspension - despite her refusal to take a breath test after her drunk driving arrest. The assistant district attorney was charged with drunk driving in August 2010 after she caused a three car wreck. She admitted to drinking but refused to take the breath test. Normally, this means an autamatic one year suspension of her driver's license. However, last December, administrative Judge Marc Berger decided that Officer Elliot Zinstein provided insufficient testimony and therefore the prosecutor's license wasn't suspended.

Officer Zinstein initially swore to the criminal complaint against Troiano, based on what other responding officers had told him. However, when it came time for the hearing, he somehow was unable to explain how those officers decided she was drunk. Troiano's lawyer said police waited more than two hours - the legal maximum in that state - before asking her to take the Breathalyzer test.

Troiano, still faces trial for the drunken driving charges in criminal court. Her car was spotted last month, two blocks from the Bronx court, parked within 2 feet of a fire hydrant.