Being stopped for driving while intoxicated (DWI) or driving under the influence (DUI) can be embarrassing enough, whether you are actually under the influence or not. When you are also mistreated by the police during that stop, you may also face physical injury and severe emotional trauma as well. Unfortunately, while there are many good law enforcement officers, there are also many bad ones who abuse their authority and violate the very rights they are sworn to protect. Police misconduct, or this violation of your civil rights, may seem minor in a DWI case, especially if there is no physical injury. However, the consequences you may face due to the officer’s misconduct can have an impact far beyond what you face in the courtroom. From losing a home or a job to losing custody of your children, the collateral damage that comes with a DWI conviction can be broadly destructive throughout your entire life. A New York DWI/DUI attorney at the Law Office of Benjamin Greenwald is prepared to review your case, and if we move forward with your case, begin gathering evidence and building a case against the offending officer. Call (845) 567-4820 to schedule a consultation and discuss how we may be able to hold law enforcement accountable for violating your rights.
What Is Police Misconduct?
N.Y. Penal Law, article 195, § 195.00 defines official misconduct, which includes police misconduct, as when a public servant intentionally commits an act related to their employment but is aware they are not authorized to commit that act, or knowingly refrains from performing a duty imposed on them by law or is clearly an inherent part of their employment, with the intent to obtain a benefit or deprive someone else of a benefit. While this is a legal definition, it does not really explain what police misconduct is, though.
The New York City Bar Association defines police misconduct as the result of negligent, reckless, or intentional conduct that breaches the officer’s duty to execute the laws of New York faithfully and results in injury. The simplest definition is that it is when an officer violates the law, their training, or the public’s constitutional rights.
Examples of General Police Misconduct
Police misconduct can happen in many situations and look like many different things. Some examples of general police misconduct include using excessive force, false arrest, corruption, sexual assault, obstruction of justice, and falsifying records. A law enforcement officer may perform multiple acts of misconduct in a single interaction, such as falsely arresting someone and using excessive force to do so. In some instances, such as falsifying records, the individual may not even know the officer has done anything wrong until much later because they may not see the false record until it is handed over as evidence in discovery in a trial.
Examples of Police Misconduct Specific to a DWI Case
In a DWI case, there may be some specific types of police misconduct. For example, stopping the driver without reasonable suspicion, failure to follow proper arrest procedures, coercion, failure to provide Miranda rights, mishandling evidence, failure to follow appropriate testing procedures (for breath, chemical, or field sobriety tests), unlawful arrest, using uncalibrated breathalyzer devices, and inaccuracies in reports, paperwork, or testimony are all types of police misconduct that can occur in a variety of circumstances, but may also specifically occur in DWI cases. Again, drivers may not always realize that something is wrong. Still, many times, they may realize that the officer is being particularly aggressive or may see or hear the officer do something inappropriate, such as realizing they did not hear their Miranda rights.
How Can I Prove Police Misconduct in a DWI Case?
There are several options drivers may use to prove police misconduct in a DWI case. Drivers may wish to speak with an attorney to learn more about how to use each option, and they may also likely want to use each option to ensure they have collected all available evidence to support their claim.
Some of the ways drivers may prove misconduct include:
- Procedural Errors: Procedural errors, such as failing to follow proper arrest procedures, can cast doubt on the validity of the officer’s evidence, and may even result in the case’s dismissal in some cases.
- Witness Interviews and Videos: Testimony from witnesses and videos from cell phones, security cameras, dash cameras, and law enforcement body cameras may all dispute or disprove the officer’s description of events.
- Medical Records: Records indicating the driver’s injuries may dispute or disprove the officer’s statements or evidence.
- Training Records and Certifications: A lack of proper training or education can result in misconduct, so drivers should question the officer’s training and certifications.
- Previous Allegations: While previous allegations are not evidence that misconduct occurred in the current case, they can support other evidence that indicates the officer engaged in misconduct in the current case. Drivers may need to speak with an attorney, but they can access the Civilian Complaint Review Board for allegations against officers who currently or previously worked for the New York City Police Department. For allegations elsewhere in the state, the New York State Attorney General’s Law Enforcement Misconduct Investigative Office receives and investigates allegations. In addition to seeking previous allegations, drivers can and should consider filing their own complaint as appropriate with these agencies, as this not only ensures their complaint is recorded but also acts as further evidence of the police misconduct.
Can Police Misconduct Get a DWI Case Dismissed?
When it comes to getting a DWI case dismissed, there are never any guarantees. However, when police misconduct has occurred, there is a possibility that the case may be dismissed. However, misconduct does not make dismissal a certainty, as it depends on the type and severity of the misconduct. For example, misconduct that may result in a dismissal might be inaccurate results from faulty testing. Because the testing may be the only evidence that the driver was intoxicated, it could potentially mean the case is dismissed. Another type of misconduct that could result in a dismissal is if the officer has a history of DUI-related misconduct. This could weaken the prosecution’s case and potentially result in the charges being dropped.
If the driver is stopped without reasonable suspicion, the evidence obtained may be inadmissible. This may also result in a dismissal. If the initial conduct that attracts the officer’s attention to the allegedly intoxicated driver occurs outside the officer’s jurisdiction, the stop would be illegal and may result in a case dismissal, per N.Y. CPL 140.50[1]. If a driver suspects that there may be police misconduct that could result in their DWI case being dismissed, an attorney with the Law Office of Benjamin Greenwald may be able to review the case and file the paperwork for dismissal if it would be appropriate for the case.
What If I Was Not Injured By the Police Misconduct?
When many people think of police misconduct, they think of things like excessive force or police brutality, where people are often injured. Sometimes, these injuries are severe. However, not all police misconduct results in a physical injury to the victim. Bodily injuries may make it easier to prove the misconduct, but injuries are not required to file a misconduct claim or to use it as part of the defense in court.
There is an emotional toll that comes with being mistreated by law enforcement. Many people feel humiliated or ashamed after being a victim of misconduct. Some people lose their jobs or other income, homes, families, or other valuable parts of their lives. These traumas can be as valid as a physical injury. Ultimately, everyone has rights, and if those rights are violated by law enforcement, the individual deserves to seek justice.
What Can I Do If I am a Victim of Police Misconduct in a DWI Case?
If a driver believes they have been a victim of police misconduct in a DWI case, there are steps they can take to preserve any evidence that exists of the misconduct and protect their rights. Even if an individual is unsure whether any misconduct occurred, taking these steps can be beneficial.
Seek Medical Care Immediately for Injuries
If the driver is injured, they should seek immediate medical care. Drivers should be aware that per N.Y. CVR, Chapter 6, article 3, section § 28, law enforcement is required to provide medical care for anyone who is under arrest and needs or requests medical care. In fact, if they do not provide medical care upon request or when it is obviously needed, this can be police misconduct as well.
If the driver was not arrested, they should go to an urgent care or emergency room to get their injuries treated and documented. However, while they may be tempted to request a blood test to prove they are not intoxicated, drivers should not do this unless advised to do so by an attorney.
Document the Incident to the Best Of Your Ability
Documenting the details of what happened during a DWI stop can be critical to proving police misconduct. If the driver was drinking, even if it was not to a level that would be considered intoxicated, they may struggle a bit to recall all the details themselves. Drivers should write down all the details they can recall, and ask anyone else who was in the car with them to do the same. They should also gather witness statements from anyone else who may have seen or heard anything that happened during the stop. In addition to making a written report of their claims, drivers should also collect any video and audio evidence from dash cameras, security cameras, bystanders’ cell phones, and law enforcement body cameras.
Speak With an Attorney for Additional Advice
Individuals are not required to hire an attorney to represent them in a DWI case nor to file a police misconduct claim. However, most people do not have the experience or knowledge to understand the laws they are charged with violating or to defend themselves against an experienced prosecutor. An attorney may be able to offer advice, provide guidance on navigating the legal system, assist in building a defense and gathering evidence, and preparing an individual for appearing in court.
An attorney may also be able to assist with proving police misconduct, gathering evidence to prove that misconduct, and filing a claim with the appropriate departments. If the individual wants to file a lawsuit against the officer or the department, an attorney may also be able to advice and guide them in doing so.
How a New York DWI Attorney May Be Beneficial in Your DWI Case Involving Police Misconduct
Whether you are intoxicated or not, being stopped for a DWI or DUI can be embarrassing and frustrating. When the situation is exacerbated by the officer or officers engaging in police misconduct, your DWI case can quickly become extremely complicated. A New York DWI/DUI attorney may be able to protect your rights, build a strong case, look for evidence that weakens the prosecution’s case and proves that you were not intoxicated. Even if you were intoxicated, an attorney may negotiate a lighter sentence or reduced charges. They may also assist with proving the misconduct, because whether you are intoxicated or not, you have rights that should never be violated. Call the Law Office of Benjamin Greenwald at (845) 567-4820 to schedule a consultation where we can review your case and discuss your legal options and rights.
