At Law Offices of Daniel A. McGuinness, PC we are committed to defending people against wrongful DWI charges. As part of that work, we fought an extensive legal battle with the New York Police Department to obtain maintenance records for the breathalyzer machines they routinely use.
Why is this such an important issue? Because many of the NYPD’s breathalyzer machines malfunction and produce results that are inaccurate. In other words, those faulty results may have lead to wrongful DWI convictions.
Here is some of the history of our legal battle with the NYPD on this matter:
- Verified Petition
- Memo in Support of Our Verified Petition
- The NYPD’s Verified Answer
- Affirmation from the Bronx District Attorney’s Office
- Affirmation from the Brooklyn District Attorney’s Office
- Affirmation from the Manhattan District Attorney’s Office
- Affirmation from the Queens District Attorney’s Office
- Affirmation from the Staten Island District Attorney’s Office
- Memo in Support of the NYPD’s Verified Answer
- Decision in the Matter
- NYPD’s Appeal Brief in FOIL Action
Verified Petition
Verified Petition drafted by Daniel A. McGuinness in his suit against the NYPD for Intoxilyzer records. This action seeks materials denied by petitioner’s previous Freedom of Information Law (FOIL) request.
Verified Petition for Article 78 Action against the New York CIty Police Department by Daniel A. McGuinness
Memo in Support of Our Verified Petition
Memorandum of law by Daniel A. McGuinness in support of his Article 78 Petition. This memo supports the verified petition filed in New York State Supreme Court for the calibration, inspection and maintenance records of NYC’s breathalyzer machines. In the petition we argue for the Court to compel the NYPD to turn over all the documents that have been denied to us in our previous FOIL request.
Memo in Support of Article 78 Petition by Daniel A. McGuinness
The NYPD’s Verified Answer
Memorandum of law in support of our Article 78 Petition filed in New York State Supreme Court for the calibration, inspection and maintenance records of NYC’s breathalyzer machines. In our petition we argue for the Court to compel the NYPD to turn over all the documents that have been denied to us in our previous FOIL request.
Memo in Support of Article 78 Petition by Daniel A. McGuinness
Affirmation from the Bronx District Attorney’s Office
Affirmation from Bronx Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.
Affirmation from Bronx District Attorney Opposing our Article 78 FOIL Action by Daniel A. McGuinness
Affirmation from the Brooklyn District Attorney’s Office
Affirmation from Brooklyn Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.
Affirmation of Brooklyn District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness
Affirmation from the Manhattan District Attorney’s Office
Affirmation from Brooklyn Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.
Affirmation of Brooklyn District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness
Affirmation from the Queens District Attorney’s Office
Affirmation from Queens Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.
Affirmation of Queens District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness
Affirmation from the Staten Island District Attorney’s Office
Affirmation from Staten Island Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.
Affirmation of Staten Island District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness
Memo in Support of the NYPD’s Verified Answer
Memorandum in Support of the NYPD’s Answer to the Article 78 Petition by Daniel A. McGuinness
Reply to the NYPD’s Verified Answer
Reply to the NYPD’s Answer to the Verified Petition for Article 78 Action against the New York CIty Police Department for Breathalyzer Maintenance and Calibration Records.
Reply to the NYPD’s Article 78 Answer by Daniel A. McGuinness
Decision In the Matter of The Law Offices of Adam D. Perlmutter, P.C. v. NYPD
The decision by Supreme Court Judge Doris Ling-Cohan.
Article 78 FOIL Decision by Daniel A. McGuinness
NYPD’s Appeal Brief in FOIL Action
The NYPD’s Brief in their Appeal to the First Appellate Division of New York of the Article 78 decision that ordered production of all inspection, maintenance, and calibration records of their Intoxilyzer machines.
The NYPD argues that disclosure of the documents would interfere with thousands of pending DWI matters in New York City.
