Being pulled over by an officer who thinks you are driving under the influence of alcohol is scary: a DUI charge is serious and so are the penalties. But, at the very least, one would expect an officer making a DWI arrest truly believes that person is under the influence of alcohol.
In some cases, officers make mistakes while administering sobriety tests or communicating rights and these mistakes are valid defenses in a DUIcase. Unfortunately, an NYPD highway cop made more than just an honest mistake during a DWI arrest: he used the arrest to seduce and ultimately injure a Bronx woman.
The police officer pulled the woman over and arrested her for DWI, but later sent her text messages saying that he would clear his case up for her if she went on a date with him. As a DWI criminal defense attorney, I know that an offer such as this can be tempting for someone who has been charged with a DWI and fears hefty fines or the loss of freedom in jail time.
The woman gave in and went on a date with the officer, according an article from the NY Daily News. While they were out for dinner the officer ordered her a drink that made her drowsy. The next morning, she woke up in his bed with a black eye and no memory of the previous night.
This woman has filed a lawsuit against the officer and the city of New York for $150 million that accuses the officer of excessive force, negligent training, assault, battery, false DWI arrest, rape, libel, malicious prosecution, abuse of authority, harassment, and other violations.
The laundry list of violations is being reviewed by the city’s Law Department. The woman’s DWI charge was dropped. Regardless of what happens in this particular case, it is a scary example of what some officers are capable of doing.
If you have been arrested for and charged with DWI in New York City, but have experienced neglect or abuse, were personally injured by an officer, or believe that the officer was wrong to arrest you there may be a defense to have those charges lifted.
Contact the experienced DWI criminal defense attorneys and personal injury attorneys at the Law Office of David J. Hernandez to discuss your case and options for defense.