The New York Criminal Law Blog

Third NYPD Cop Accused Of DWI

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And the hits just keep on coming for the NYPD and their need for . 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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Bicycle Rider Suing NYPD For Crash from The New York Personal Injury Law Blog on January 5, 2010 9:37 AM

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