Appeal by defendant from a judgment of the District Court, Suffolk County (L. Donohue, J.), rendered on October 2, 2002, convicting her of driving while intoxicated (Vehicle and Traffic Law § 1192 [3]), and imposing sentence.

Judgment of conviction unanimously reversed on the facts, accusatory instrument dismissed and fine, if paid, remitted.

The evidence adduced at trial was insufficient to warrant the finding that defendant's consumption of half a glass of beer caused her to be incapable of operating her vehicle as a reasonably prudent driver. There was no testimony that any of her physical or mental abilities were impaired before the impact to a degree sufficient to render her intoxicated. No field sobriety test results were introduced into evidence and the only evidence of any actual impairment was the testimony of the police officers and emergency medical technician that they detected the odor of alcohol on defendant's breath, that she had glassy bloodshot eyes and her speech was slurred. However, the evidence established that defendant's nose was broken and bleeding as a result of the accident, and required seven stitches, that she had been crying and was able to comprehend the instructions of the police and the emergency medical technician. Furthermore, the officers testified they were able to understand her speech, that the defendant had no trouble walking, did not stumble and needed no assistance in exiting her vehicle. Under the circumstances, the verdict was against the weight of the evidence (see People v Hagmann, 175 AD2d 502 [1991]). [*2]

In view of the foregoing, we pass upon no other issues raised on appeal.
Decision Date: December 23, 2004