does defense attorney need to get permission from client to reset court date because prosecutor not ready?

If the attorney hasn't met w/the defendant, I don;t see how he can be "ready".

"would defense allow prosecutor to gather more evidence"

I don't see the defense doing any such thing. He's claiming he's ready for trial, and the prosecutor is (in many states) given the right to an adjournment for pretty much any reason.

Ultimately, a prosecutor's case can be dismissed if his repeated delay violates the constitutional right to speedy trial;

also, in states like NYS, there is a specific statute (CPL 30.30) that specifically sets limits on how long a case can proceed before cumulative delay exceeds a period of time allowed for that charge (6 mos. for a felony; 30 days for a misdemeanor). If this were NYS, the ADA's claim of being "not ready" would start that clock ticking again (the clock is stopped - not reset - when the DA answers "ready"; only an ordered re-trial sets the clock back).

It's not clear that the ADA is unready becuase he needs more evidence - it's possible but not the only likely reason for the delay (very often cases are adjourned not ready because the witnesses don't arrive, or arrive on time). But as I said before, the DA has the right to delay a case to get more evidence.

Also, if the DA decides not to seek delay and goes to trial when its clear that the defense attorney hasn't adequately prepared for the case - any conviction could be overturned based on a claim of inffective legal assistance.

"breatherlizer test is .06 under legal limit.why not dismiss?"

I'm assuming you mean that his BAC is .06, and not that it's 6-hundredths of a point below the limit.

Be very sure of what your son has been charged with. DWI, like many crimes, is subject to specifically worded statutes. In NYS, there are two separate provisions for DWI.

VTL 1192.2 makes it a crime to drive when your BAC is at a certain level - this had been .10 when I started as an ADA in 1999 - a few years later, it was reduced to .08. Before that time, driving .08 was also against the law, but not a crime - it was DWAI (1192.1), an "infraction".

VTL 1192.3, however, makes it a crime to drive drunk - with intoxication established by circumstantial evidence, such as your facial expressions, gait, speech, appearance of your eyes, the smell of an alcoholic beverage on your breath (alcohol itself is supposed to be odorless) and I doubt that a showing of less than .06 will automatically bar prosecution under 1192.3. Among other things, the law makes it a crime to drive when your BAC is above a certain level - not when you are tested. Any number of problems may delay your breathalyzer test from the point of your arrest, and during that time, your BAC is lowering.

A judge can order a new court date be set. The attorney does not need permission.