Battle for Breathalyzer Records Continues: The NYPD Finally Responds

May 14, 2013 in DWI, Freedom of Information, Police Conduct

After about 9 months of near silence the NYPD has finally responded to our demands for breathalyzer records.  In our last post we wrote that we were hopeful that the NYPD would relent and turn over these records.  As their response made clear, they won’t give a single page over without a fight.  In fact, the NYPD brought in a senior attorney at the NYC Office of Corporation Counsel to defend them.

View NYPD’s Verified Answer here.

View NYPD’s Memorandum in Support of their Answer here.

Their response essentially argues that the breathalyzer records can’t be obtained through the Freedom of Information Law, because they can’t be obtained in a criminal case.  Apparently, no one has a right to see these documents except for the NYPD technicians who make them.

The NYPD argues that turning over these documents would “interfere with the criminal courts’ ability to manage the pre-trial discovery in thousands of cases.”  How the voluntary (or compelled) disclosure would interfere is left to the readers imagination.  The NYPD does, however, support part of that statement- that there are thousands of open DWI cases in NYC.  The NYPD attaches affirmations from every District Attorney’s Office in NYC.

View the affirmation from the Bronx District Attorney’s Office here.

View the affirmation from the Brooklyn District Attorney’s Office here.

View the affirmation from the Manhattan District Attorney’s Office here.

View the affirmation from the Queens District Attorney’s Office here.

View the affirmation from the Staten Island District Attorney’s Office here.

All this begs the question… What are they hiding?

Unfortunately for the NYPD, the Law Offices of Adam Perlmutter doesn’t back down from a fight.  We will continue pressing this litigation until we find whatever they’re fighting so hard to conceal.

View our Reply to the Verified Answer here.