× The police alleged the two lied about who was driving a vehicle they were in, Sep 23., when a cement mixer smashed into the driver’s side of their car on Third Street. Costantino and Leon both told the officer that Leon was in the driver’s seat at the time of the incident. However, witnesses told the officer that they believed Costantino was the driver, the report alleged.The officer later obtained surveillance footage, thought it didn’t show the actual impact.Costantino and Leon had a scheduled court date for Nov. 9 in Kearny Municipal Court. They had a delayed appearance, and a new date has not been scheduled yet.“It is our position that the summonses against both Mr. Costantino and Ms. Leon are both factually and legally deficient,” attorney Sean Pena said in the motion. “We believe ultimately that both summonses will be dismissed as a matter of law, as no offense or violation occurred.”The crash occurred in the street near Costantino’s home.The motion argues that none of the witnesses saw the actual crash. In the crash investigation report, the witnesses said they saw a male driver exit the vehicle after the crash. However, they do not appear to mention seeing the actual crash itself. KEARNY — An attorney representing Secaucus 1st Ward Councilman Robert Costantino and Dawn Leon, a public school teacher in town, has filed a motion to dismiss charges against them, in connection with a vehicular incident in September.A Secaucus officer charged Costantino and Leon with hindering and giving false information last month.