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Falsification of evidence

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MisterEd

Junior Member
What is the name of your state (only U.S. law)? New York

I was arrested on suspicion of DWI. I spent several hours in custody during which time no Breathalyzer test was administered, and no "official warning" statement was ever read or recited. I was actually on the phone during the time I was in custody trying to reach my attorney/family. I have cell phone records to prove this. Later I was presented with a form and told to sign it "because I didn't take the test" (past tense). This was the form in which defendant either refuses or consents to the Chemical Test. I did neither, and the time window for the test had expired, but I did sign the bottom as I was told to - since it was a fact that I "did not take the test". Afterward the police officer filled in the section "to be filled in by defendant" with the words "I hereby refuse". It is clear that it is his handwriting, not mine. I will hire a forensic handwriting expert to prove this if necessary. Subsequently the PO testified at the DMV hearing and before the Grand Jury, repeatedly, that I had filled in the form - even though his attention was directed to the portion he wrote. I won the DMV hearing because the entire Breathalyzer test protocol was muffed. Evidently, the officer attempted to correct his mistakes by filling in the form himself. I am still fighting the charge in court (with additional evidence that I was not intoxicated, including witnesses and a time stamped restaurant bill indicating exactly what was consumed and when). I want to impeach the PO. Is the document falsified? Did he commit perjury? In either case, is it a crime? I recall the PO in NYC who accused a bicyclist of assault - when in fact he assaulted the cyclist. Later, he submitted his "information" saying he was assaulted, but that was contradicted by a video taken by an onlooker. He was found guilty of a felony for lying in his information filed in the incident and a misdemeanor for subsequent lying in support of the falsification. As the only evidence against me is the testimony of the PO, should not the charges be dropped? How can he have any credibility if he committed a crime in connection with my arrest and indictment? Thanks.
 


CdwJava

Senior Member
What does your attorney say about this? Does he believe there is proof that the officer committed some sort of crime? Not being familiar with the document, or the circumstances surrounding your arrest, it may not be perjury or even "falsification" of evidence. If a court rules that the document is bad due to some procedural issue or intentional malfeasance, then any claim against the officer will be made more viable.

The issue of the form may be entirely separate from whether or not you were impaired. One may be procedural compared to criminal. Your attorney can give you a better perspective as to how it applies in your state and in your case.
 

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