NYPD Halts Production of Breathalyzer Records, Seeks Appeal

November 1, 2013 in DWI, Freedom of Information

Following the Decision in our case against the NYPD for breathalyzer maintenance records that ordered production of all records as well as attorneys fees, the NYPD has filed a Notice of Appeal.  As stated in our earlier post, this comes as no surprise as we expected the NYPD to continue to try to hide these records by appealing the decision.  It does, however, again raise the question that we have asked from day 1:  What are they hiding?

Notice Of Appeal

The NYPD’s Notice of Appeal offers a glimpse into their argument on appeal.  It appears to be nothing new.  The NYPD argues that the Honorable Doris Ling-Cohan’s decision got it wrong because the disclosure of the records would interfere with judicial proceedings. In the decision Justice Ling-Cohan rejected that argument and wrote that disclosure of the records would either prove the machines are working and “bolster confidence in the handling of DUI cases” or show the machines are not working and prevent improper prosecutions (wrongful convictions), neither of which are valid reasons for withholding records.  We eagerly await the NYPD’s explanation of where this logic goes wrong.

The NYPD also faults the decision for granting our attorney’s fees, because we are proceeding on our own behalf.  Justice Ling-Cohan’s decision swiftly rejected this argument because the NYPD failed to supply any case law in support of this argument.  Only time will tell if they intend to head to the First Appellate Division equally empty-handed.

Despite all of the efforts of the NYPD and the District Attorney’s Offices in New York City, we will continue to fight for the truth about what is being hidden in these records.  While the NYPD can delay production, we will get to the bottom of whatever they are hiding in these records.