Comments on: Off-Duty Cop “Taken Into Custody for DWI” After Bronx Pedestrian Death

By: ChipSeal

ChipSeal — Sat, 31 Oct 2009 15:35:48 +0000

My revision reads this way:
“”Spellman, 42, failed in his duty to exercise due care while he was operating his motor vehicle on the public street. He guided his automobile into the unidentified woman while traveling south. Tragically, she was pronounced dead at St. Barnabas Hospital”

By: bluelines

bluelines — Sat, 31 Oct 2009 08:24:13 +0000

Anyone can refuse to take a Breathalyzer test. Blood can be taken pursuant to a warrant. The Chevy Impala he was driving has been chronicled in other news reports about this as having been issued by the U.S. Marshals. Meanwhile, Michael Palladino and this cop should get a room–good Lord, could Palladino have attempted to canonize this guy any more? It’s disgusting.

By: Cap'n Transit

Cap'n Transit — Sat, 31 Oct 2009 01:03:05 +0000

they are ONLY supposed to be utilized in the event one is off-duty and they need to respond to an nypd emergency. they are NOT supposed to be used off-duty for pleasure or casual purposes

Wait, what? You’re supposed to have enough parking for this plus a car for casual purposes. What do you do if you’re at the beach and there’s an NYPD emergency? Drive home and switch to the Impala?

Even if – contrary to the habits of the vast majority of high-raking city officials – you take transit for pleasure or casual purposes, it’s the same thing: you take the subway home to get the Impala?

I’m guessing that this is one of those “cover your ass” policies” that they don’t actually expect anyone to follow.

By: nanterking

nanterking — Fri, 30 Oct 2009 19:17:00 +0000

I really find it astounding that in a city with the best public transit system in the country that *anyone*, let alone a police officer sworn to uphold the law, would drive while intoxicated. While it is certainly no excuse, in suburban environments much planning must be done beforehand to line up transportation for after one has been drinking, and it’s clear why so many end up driving when they shouldn’t be. But to do so in NYC, where there is a relatively convenient alternative available around the clock? Amazing.

By: Tom Middleton

Tom Middleton — Fri, 30 Oct 2009 18:42:04 +0000

Mr. Walker,
I believe the law is that anyone can refuse a breathalyzer, but if you refuse then they can then suspend your driver’s license regardless of the outcome of any DWI case.

By: t

Fri, 30 Oct 2009 18:34:43 +0000

More than once is too often, but I’d hesitate to say that this is a common and frequent occurrence in the absence of statistics. There are thousands of police officers and the overwhelming majority of them don’t get into accidents such as this. When this happens, the news covers it and blogs such as this run stories. While this is a tragedy, let’s not allow the amplification power of the Internet to turn this into a referendum on all cops. Let the case be judged on its own merits.

By: K. Harrington

K. Harrington — Fri, 30 Oct 2009 18:24:10 +0000

Cops are supposed to uphold the law not break it. It seems that this is happening way too often lately. Obviously something needs to be put in place asap to give more severe consequences, they all do it because they know they can say no to the breath test. They should not be above the law. It shows a tremendous lack of respect for the person that died and their family. There is no excuse and should be zero tolerance period, especially if you are cop or fireman, it’s a shame and an embarrassement to the department. Seems to be more apples rotten in the bunch then we thought..

By: Glenn

Glenn — Fri, 30 Oct 2009 18:13:31 +0000

I think it is considered and warrantless search. They need a judge to order a bloodtest if the breathlyzer is declined.

From the position of the car, it looks like he either crested the hill too fast or turned into her in the crosswalk

By: Brad Aaron

Brad Aaron — Fri, 30 Oct 2009 18:09:13 +0000

Mark: Following the Andrew Kelly killing, the Advance did a piece on cops and breath tests. The News editorialized on the obstacles to obtaining blood.

By: JTS

JTS — Fri, 30 Oct 2009 17:53:48 +0000

Query on semantics: how did his Impala slam into her? Wasn't he driving? It should read "Spellman, 42, was driving south when he slammed into the unidentified woman. She was pronounced dead at St. Barnabas Hospital

By: Mark Walker

Mark Walker — Fri, 30 Oct 2009 17:47:35 +0000

Query on point of law: How can anyone refuse a Breathalyzer test? Is the test some prohibited form of search and seizure, even when someone has been taken into custody?