New York Daily News: Manhattan DWI Attorney Sues for Breathalyzer Maintenance Records, Claiming Broken Machines are Put Back in Service

February 6, 2013

By Barbara Ross

Suspecting the NYPD might have blown it on maintaining its 28 Breathalyzer machines, a Manhattan defense lawyer is suing for access to maintenance records.

Adam Perlmutter says in papers filed in Manhattan Supreme Court that he has records showing at least one malfunctioning machine was put back into service without being repaired.

The lawyer is asking the courts to order police to honor his Freedom of Information Law request for five years worth of maintenance, inspection and repair records for each machine.

“Other states put this information online. We thought, ‘Why can’t we have that in New York?” Perlmutter said.


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