A DUI case was dismissed in New York when it was discovered that the police officer had a series of questionable DUI arrests.
A man in New York (Juan Pineda) was arrested for DUI after being pulled over for speeding. His blood-alcohol level later turned out to be 0.06%, below the legal limit of .08%.
Given that, the prosecutors in New York still declined to dismiss the driver’s case and offered a series of increasingly better plea bargain offers. As the driver’s attorney discovered, the police officer was the subject of four civil lawsuits alleging unlawful arrests, and cases involving the officer that had been dismissed.
The NYPD didn’t reveal the officer’s disciplinary history, but the officer had been placed on desk duty and had vacation time docked for leaving a gun in the back seat of his patrol car.
He’s also been cited in separate incidents for accidentally firing his gun, for not reporting an incident in which his now ex-girlfriend accused him of striking her, and for hitting a pedestrian after leaving a party, according to court papers from the civil suits against him and NYPD documents.
DUI cases have a high conviction rate, so it is unusual for so many cases to fall apart when all connected to one police officer. But four other DUI cases were dismissed, all connected to the same officer.
Another accuser, Hugh White, 53, was stopped for DUI and refused to take a Breathalyzer test — and was acquitted at trial.