Battle for Breathalyzer Records Continues: The NYPD Finally RespondsMay 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.
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.
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.