Earlier today the New York State First Appellate Division affirmed the lower court and ordered that the NYPD turn over the breathalyzer maintenance records we have been fighting for. Today’s decision found the NYPD’s claims that the release of the documents would interfere with pending DWI matters completely unsupported.
We began this fight over two years ago, when we suspected that the NYPD was not properly maintaining it’s Intoxilyzer machines, which may be resulting in improper prosecutions all over the city. Throughout this litigation all five District Attorneys in New York City joined with NYPD in opposing our efforts to see this information. As their efforts to stop the disclosure of this material intensified, so have our concerns. Our question remains the same–What are they hiding?
The answer is that these machines are not being properly maintained. The dark secret is that the NYPD and the DAs do not want the public to know is that these machines are not as reliable as they should be. We can’t wait to get our hands on these documents to find out just how bad the problem really is.