From the Daily News:As Nathaniel Chambers was arraigned, prosecutors said the Department of Homeless Services driver was visibly blitzed when he was stopped on the Triborough Bridge on Friday.
Thank you, Daily News, for calling the bridge by its real name.
As the Daily News reported, Chambers was on his way to pick up Commissioner Robert Hess to take him to City Hall for the inauguration.
Why does the Commissioner of Homeless Services have a driver?
Hess has worked for the agency for nine years - and he was employed there when he was busted for DWI in 2003 and paid a $750 fine.
Homeless Services spokeswoman Linda Bazerjian couldn't explain how someone with a DWI conviction could be employed as a driver.
No comment.
Chambers refused to take a Breathalyzer test at the scene, but cops held the device in front of his mouth when he spoke and it registered a blood-alcohol content of .089 - just above the legal limit.
If the suspect refuses the test and the police try to take it anyway without his consent, it's most likely going to get tossed in court.
28 comments:
A good number of these city suits were likley blitzed from the night before.
Bloomberg with all his $$ must have thrown a hellova party.
Now if Mr. Chambers were a State Senator or Assemblyman, this story wouldn't never have existed.
And by law if a driver refuses to take a breathalyzer he is already in violation of the law and can have his driver's license suspended, so who cares if the test is "tossed." The refusal itself is a violation.
"Why does the Commissioner of Homeless Services have a driver?"
- - -
For me, this is the most disturbing.
What emergency does he respond to in the middle of the night or weekends or holidays?
Does Hess go to the scene to tend to some slob who crapped his pants and is now in a playground naked using the kiddie pool and spray to deposit his mess?
And by law if a driver refuses to take a breathalyzer he is already in violation of the law and can have his driver's license suspended, so who cares if the test is "tossed." The refusal itself is a violation.
If the test is tossed, there won't be any conviction, asshole. That means no jail and the perp is back on the streets again.
"If the test is tossed, there won't be any conviction, asshole. That means no jail and the perp is back on the streets again."
Before you go calling people names, please make sure you know what you're talking about. One can be convicted on "common law" evidence of intoxication and not for being merely legally intoxicated. Do you require further explanation or are you humiliated enough?
And how often does that happen? These days, a lot depends on the outcome of that test, which is why the police scrambled to get more rapid blood testing after that drunk cop's blood test came back negative because they waited too long to take it after he refused the breath test. So yeah, I do know what I am talking about, and yes, you are an asshole.
Let's not forget that there was a woman who was arrested for DWI on Long Island and put on the "Wall of Shame". The problem was she wasn't drunk, her blood sugar had dropped. The blood test was negative and the charges were dropped. She's now suing Nassau County for humiliating her.
Let's not also forget that this man drives professionally which means that the standard may be higher than for another.
But then, it is easy to call another vicious names when one doesn't have to face any consequences. Such foolishness is often a sign of cowardice as well as stupidity.
New York DUI
Finally, in New York anyone who refuses to take a chemical test can receive a driver license revocation of at least one year and must pay a $500 civil penalty ($550 for a driver of commercial vehicles with a CDL) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI related charge will have their driver license revoked for at least 18 months and must pay a $750 civil penalty to apply for a new driver license. See New York Implied Consent Law.
http://www.drunkdrivinglawyers.com/refusing-breathalyzer-test-dui.htm
There is the relevant law in New York State and yes, you lose the license whether you are convicted or not. It's called, "Implied Consent" and is not even related to being convicted of anything.
It seems to me that a commissioner of homelessness need a driver is a waste of our tax money. I would like to know how many drivers and other positions of personal services for City Mgrs are there? There should be a litmus test as to what is necessary for hoe, that we are paying for. It appears initially if this guy was a professional driver and proven to be drunk, then he deserves to lose his position when actually convicted.
And how many times do we hear of people driving drunk with a suspended license? You realize the only way to be safe from a drunk driver is to have him in jail, right?
He may drive without the license. That is a separate issue. Nonetheless, to hold his job he needs the license.
No one mentioned the creative use by the NYPD to gather evidence of his illegal BAC after the suspect refused to take the breathalyzer. I wonder if this would have been done if the suspect were NYPD rather than Dept of Homeless Services
Makes me wonder if Chambers was formerly homeless himself.
"And how often does that happen? These days, a lot depends on the outcome of that test, which is why the police scrambled to get more rapid blood testing after that drunk cop's blood test came back negative because they waited too long to take it after he refused the breath test. So yeah, I do know what I am talking about, and yes, you are an asshole."
Often enough. But I guess that you'll tell me from personal experience that I'm wrong. And you should apologize for the name calling, because as soon as you start making ad hominen attacks, you lose your credibility. Happy New Year.
1010 WINS in their traffic reports refers to the span as the "RFK/Triborough". Maybe as a transition appellation until the peasants get used to the RFK moniker? 14 months have passed since the Nov. 2008 bridge renaming and still there's signage on the highways referring to the "Triborough".
Speaking of the Kennedy's and sobriety. It's been months since Uncle Teddy kicked the bucket and, praise the lawd, he's still sober!
The guy is guilty of "Driving wile black" a .089 is nothing, 2 beers.
DWI is a huge $$$ maker and great overtime for cops nearing the end of a shift.
The cops tried to F- me some 10 years ago during a snow storm.
The snow plow had made a single lane down the center of the street.
The cop was waiting outside a bar where I just played and pulled me over for failing to bare right. The scumb*g Immediately asked me "How many bottles of Vodka I had to drink"
I did have a couple drinks (3)
I refused to blow, or take any tests. I wouldn't even talk to the guy, just sat in my car.
It cost me a total of around $1200 to get it dropped to a moving violation.
Now its different If you refuse to blow the judge yanks your license at the arrainment.
If you take any tests and fail its worse ! Especially if you have a job, earn income, have a financed or leased car requiring full auto insurance
Taking a BOC test Is like handing them your bank account.
That means jail time VS: rehab, step programs. Cost you $25,000 atop the lawyer and your new $5000 a year auto insurance policy
DWI is worse then robbing a bank, all it takes is 2 or 3 beers in a 1/2 hour to blow a .089
If you have a commercial or hack license your total toast.
BTW
If your an illegal who puts 4 people in the hospital blows a .189 with no license, insurance, no money the judges release you on ROR.
"common law" evidence of intoxication can be thrown out with a good lawyer. You still loose your license but no jail or expensive "web" of programs.
Let me get this straight. You're advising not to blow? Right?
It doesn't look like Legal advice to me just an opinion...nice try.
Go back to the bingo game @ the 104
Why would the cops try and be "creative" withh this guy? They didn't arrest him,Bridge&tunnel officers(they are not cops,they are peace officers)did.Don't drink and drive,you'll have nothing to worrry about.2dwi's in a ten year span is a felony.The Triborough Bridge And Tunnel Authority no longer exiists,it is now MTA Bridges and Tunnels.
Someone else who is misinformed.
"The Triborough Bridge and Tunnel Authority (TBTA) employs 966 Bridge and Tunnel Officers (BTOs), who are NYS Peace Officers authorized to make arrests and carry firearms on and off duty. BTOs patrol the authority's 9 facilities on foot and in marked patrol cars. Besides law enforcement, the BTOs collect tolls, assist vehicles stuck in E-ZPass lanes, operate tow trucks to clear disabled vehicles, and clear snow from the roadways. The TBTA also has a Special Operations Division/Collision Reduction Unit, which enforces all aspects of the New York State Vehicle and Traffic Law and NYC Traffic Rules with a main emphasis on speed enforcement. There is also a police combat shooting team.
There has been discussion around incorporating the BTOs into the Metropolitan Transportation Authority Police, since both are ultimately part of the same agency, but this has not yet occurred."
That iss old propaganda.Go to the MTA website homepage,you'll se,no tbta.............
They are Bridge and Tunnel Officers not MTA Police.
Yes,they are officers,peace officers,i never said they were mta police.I meant that the Triborough Bridge moniker is defunct.As far as the "officers" being absorbed into the MTA a police,ain't happening.Peace officers attend an 11 week academy,cops,23.Remember,before 9/11,they weren't authorized to carry weapons.They have come a long way in the last 5 years.
Innocent until PROVEN GUILTY or until the cops fabricate all types of charges and circumvent your rights, whether legally or illegaly (and illegaly is almost always the case).
Speaking of the Kennedy's and sobriety. It's been months since Uncle Teddy kicked the bucket and, praise the lawd, he's still sober!
How can you be so sure?
The Department of Homeless Services is a crock agency anyway - they don't help the homeless at all. They are a dummy agency to make whoever the mayor happens to be,look good.
The Coalition for the Homeless helps the homeless.
Fire this piece of garbage.
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