"refusal" to PBT- consequences in NY?

[HighwayMan]

What complaint are you intending to file? Filling out citations wrong isn't particularly actionable...

It's a bit more than that. Quite a bit more.

 

[HighwayMan]

It didn't actually say that it was dismissed so should I still expect something else?

Probably not. I'm guessing that someone in Albany with a brain actually rejected the ticket since the charge does not exist. There should be an information telephone number on the back of the ticket. Try calling and asking a person. Or if it's not too inconvenient, go to a TVB office and speak to a clerk or a supervisor.

Which is why I am suspicious that I may have not been officially arrested and leaves me with a few more questions regarding the criminal charge.

If you were handcuffed, put in the back of a police car, driven to a precinct, and held for four hours then you were ARRESTED. You weren't booked so no, there should be no record of the arrest, but legally speaking you were arrested. Just to be clear, you did not receive a Desk Appearance Ticket, you received a pink slip of paper that says "summons" on it, right?

What is the procedure to motion for both videos (dash cam video and intoxilyzer video) with discovery for a NY criminal case?
Is it policy yet that NYPD requires dash cam video?

There is NO requirement for in car video. Usually ONLY Highway Patrol cars have video cameras and this doesn't sound like Highway Patrol. Your attorney would know how to get the precinct IDTU video, but what would the point be? You weren't charged with DWI or even DWAI. The video of your test doesn't really do anything for you.

Should I file a complaint to the Civilian Complaint Review Board before my first court appearance for the criminal summons or is that best to be done afterwards?
And if so what complaint could I file?- since 1212 an arrestable offense it seems that is all the PC they need to justify. In a legal sense I still don't understand why you suggest they wouldn't be able to prove PC.

It doesn't matter when. It doesn't get you anywhere in terms of your criminal case, but as far as I'm concerned these guys were playing games out there and they shouldn't be doing that. Maybe a formal complaint will get them to stop misbehaving - maybe this won't be the first complaint. As far as I'm concerned there was no PC for your arrest and then they charged you with something that they made up.

they were precinct officers and never mentioned specific speeds when I was pulled over.

Very few officers outside of Highway Patrol are trained in speed enforcement. Simply articulating that you were "driving fast" has no meaning and is insufficient for charges by itself. To me it sounds like they knew they couldn't charge you with speeding so they hit you with a reckless. The back of the criminal summons contains an information detailing the specifics of the charge against you. I'd be willing to bet that it is poorly written and contains insufficient details to support the VTL 1212 charge.

You are certainly entitled to see that. I would contact the court to see if you could get a copy ahead of your court appearance. You may need to go in person.

WHAT BOROUGH WAS THIS?

 

[You Are Guilty]

There is NO requirement for in car video. Usually ONLY Highway Patrol cars have video cameras and this doesn't sound like Highway Patrol. Your attorney would know how to get the precinct IDTU video, but what would the point be? You weren't charged with DWI or even DWAI. The video of your test doesn't really do anything for you.

Since we still have no location this is a rather pointless post, but there is a dedicated DUI unit in Manhattan (maybe out of midtown South?) that uses dashcams.

 

[HighwayMan]

Never heard of that.

Highway Patrol doesn't have an exclusive on cameras. I'm sure some borough task force cars and precinct summons cars have them too, but they are rare to see.

 

[HighwayMan]

By the way YAG, in New York it's DWI.

 

[You Are Guilty]

My civil litigation is showing again.

 

[sakaluski]

Since we still have no location this is a rather pointless post, but there is a dedicated DUI unit in Manhattan (maybe out of midtown South?) that uses dashcams.

It was a Manhattan dedicated DWI unit, but It wasn't midtown south.

Just to be clear, you did not receive a Desk Appearance Ticket, you received a pink slip of paper that says "summons" on it, right?

Yes the 1212 is a pink summons

There is NO requirement for in car video. Usually ONLY Highway Patrol cars have video cameras and this doesn't sound like Highway Patrol...

In car video, if it exists would most likely help my 1212 case.

Very few officers outside of Highway Patrol are trained in speed enforcement. Simply articulating that you were "driving fast" has no meaning and is insufficient for charges by itself. To me it sounds like they knew they couldn't charge you with speeding so they hit you with a reckless. The back of the criminal summons contains an information detailing the specifics of the charge against you. I'd be willing to bet that it is poorly written and contains insufficient details to support the VTL 1212 charge.

Couldn't the officers just fabricate details on the back of the criminal summons? When I overheard them discussing what they could charge me with (after the surprising intoxilyzer result) I did hear the phrase "he cut off a car" mentioned. (There were no other vehicles within several blocks at that hour)

You are certainly entitled to see that. I would contact the court to see if you could get a copy ahead of your court appearance. You may need to go in person

As opposed to motioning for it in discovery?

 

[HighwayMan]

It was a Manhattan dedicated DWI unit, but It wasn't midtown south.

How do you know that? If you couldn't tell the difference between Highway Patrol and precinct officers who wear different uniforms, how do you know it was a special unit that wears the same uniform?

Again, what court are you going to? Midtown Community Court or the Criminal Court at 346 Broadway?

In car video, if it exists would most likely help my 1212 case.

I doubt that. It wouldn't show anything. The camera does not activate until the police car roof lights are activated. If it's a digital system it may show thirty or so seconds before, but that wouldn't likely show much anyway, even if you WERE doing something wrong.

The IDTU video would be useless since you're not charged with DWI or anything similar.

Couldn't the officers just fabricate details on the back of the criminal summons?

Of course. What I was referring to was simply an inadequate legal description of the offense. Cutting off a car is not reckless driving, even if that's what you did.

As opposed to motioning for it in discovery?

In essence the same thing. The summons and the information on the back is the document that charges you. While you certainly should see it on the summons return date (your arraignment) I would think the court would give you a copy ahead of time if you asked. Having that now would provide a lot of insight as to what you'll be up against in court.

 

[sakaluski]

How do you know that? If you couldn't tell the difference between Highway Patrol and precinct officers who wear different uniforms, how do you know it was a special unit that wears the same uniform?

There was a lot of turnover in the time I was there and everybody was coming in only for DWI. After it was determined I wasn't drunk I was brought to another precinct. I could be wrong, but it seemed very likely that it was a special unit. Why are uniforms so significant?

I doubt that. It wouldn't show anything. The camera does not activate until the police car roof lights are activated.

What I was referring to was simply an inadequate legal description of the offense. Cutting off a car is not reckless driving, even if that's what you did.

There were no other vehicles on the road to cut off and the subject wasn't ever mentioned to me at any time. If video/audio of the roadside stop interaction were available via in-car recording, it would likely help my case, especially if they decided to create any additional details of how reckless I was driving in their notes.

While you certainly should see it on the summons return date (your arraignment) I would think the court would give you a copy ahead of time if you asked. Having that now would provide a lot of insight as to what you'll be up against in court.

I attempted as you suggested and went to the (Midtown Community) court in advance of my arraignment to request a copy. Guards wouldn't allow me to enter the building to do that but they were more than happy to move my arraignment to that very moment. They gave me the direct number to reach a clerk who told me that he wouldn't have any info until a few days before the original scheduled appearance date but would be willing to share it with me then- which leaves me with some basic questions.

1- If I had agreed to the advanced arraignment, what could I have expected knowing the court doesn't yet even have the such info? Don't they want the officer's notes to prosecute me?
2- When the clerk does receive the info and invites me to view it a few days before arraignment, again- how do I even enter the building? Hopefully they'll believe I have an appointment but it didn't seem like they understood any other situation than what they were used to. It didn't seem like he was willing to send them to me.

 

[HighwayMan]

There was a lot of turnover in the time I was there and everybody was coming in only for DWI. After it was determined I wasn't drunk I was brought to another precinct. I could be wrong, but it seemed very likely that it was a special unit. Why are uniforms so significant?

Highway Patrol wears a different uniform. I wanted to know who arrested you because a lot may depend on that. That's all.

You misunderstood what was going on at the precinct. In each borough there is only one precinct where testing is done. Every DWI arrest in the borough is brought into that one precinct. That does not signify that you were arrested by a DWI task force. Once testing is done, regardless of test results, the arrest processing must be done in the precinct of arrest and would not be done in the precinct where the IDTU (Intoxicated Driver Testing Unit) is located.

There were no other vehicles on the road to cut off and the subject wasn't ever mentioned to me at any time. If video/audio of the roadside stop interaction were available via in-car recording, it would likely help my case, especially if they decided to create any additional details of how reckless I was driving in their notes.

DWI was the main focus. I don't think any video would help and I doubt it exists. Just because other charges are not discussed at the scene of the arrest does not mean that they may be invalid.

I attempted as you suggested and went to the (Midtown Community) court in advance of my arraignment to request a copy. Guards wouldn't allow me to enter the building to do that but they were more than happy to move my arraignment to that very moment...

They are New York State Court Officers, not guards. In any event that sounds strange but then again I've never been to Midtown Community Court.

1- If I had agreed to the advanced arraignment, what could I have expected knowing the court doesn't yet even have the such info? Don't they want the officer's notes to prosecute me?

There are no officer's notes to prosecute you with. Midtown Community Court is a small court. Your case wouldn't even be heard by an actual judge - it would be a judicial hearing officer. There is no prosecutor either. In this court yours would be just another very minor case to be disposed of as quickly as possible.

I don't know what would happen at your arraignment if the summons is not there. My guess is that it is there but what do I know.

2- When the clerk does receive the info and invites me to view it a few days before arraignment, again- how do I even enter the building? Hopefully they'll believe I have an appointment but it didn't seem like they understood any other situation than what they were used to. It didn't seem like he was willing to send them to me.

I don't know how you enter the building. Speak to the clerk (I hope you got the name) and ask the clerk how to get in. "Didn't seem" is not the same as "wouldn't". You need to ask specifically. Maybe it can be faxed to you.

What did you mean by the "original scheduled appearance date"? Was the date changed?

What date was the summons issued and when is the appearance date?