And the hits just keep on coming for the NYPD and their need for New York criminal defense lawyers. The third officer in the past few months has been accused of a DWI. James O'Connell was off-duty when he hit the arm of a toll booth.
DUI News Reports states that the officer blew a .172% on his breath test. This is over twice the limit of .08%; however, in order to get the charge of Aggravated Driving While Intoxicated (A-DWI) in New York you would need to blow a .18%, which O'Connell was just short of.
With the A-DWI he could have faced a maximum $2500 fine, up to one year in jail, and his license revoked for at least one year. These are the penalties if this was his first A-DWI offense.
What he could face if he is convicted of a DWI for his first offense would be, between $500 and $1000 fine, up to one year in jail, and a 6-month revocation minimum on his license.
In this situation, no one was injured. Unfortunately, the same cannot be said about the two previous NYPD cases involving an off-duty officer and a Breathalyzer.
The cases of Officer Kevin Spellman and Officer Andrew Kelly have received so much attention because they both struck and killed people while they were intoxicated; however, that is not a fact since they both refused Breathalyzers and their BAC levels weren't tested until 5 and 7 hours later.
This most recent incident began when he left a party full of officers, and no one told him to take a cab.
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