“You Can’t Tase Me”
The New York Appellate Division for the Second Judicial Department has publicly censured an attorney for a misdemeanor driving while intoxicated conviction
The record shows that on April 21, 2019, at approximately 11:45 p.m., an eyewitness who was traveling on the Saw Mill River Parkway observed the respondent’s vehicle, a silver Mercedes-Benz, stopped in the middle of an intersection at a red traffic light. When the traffic light turned green, the respondent’s vehicle continued traveling, but was unable to keep within the lane. The eyewitness called 911 to report the incident. Westchester County police officers drove to the reported area and observed the respondent’s vehicle exit the Saw Mill River Parkway, cross into the incoming lane of traffic, and return to the correct lane of travel. The respondent then stopped in a left-turn-only lane underneath a red traffic light. When the traffic light turned green, the respondent drove straight, and the police officers pulled over the respondent’s vehicle. Upon approaching the respondent’s vehicle, the police officers observed the respondent, the sole occupant, behind the wheel, and asked for his license and registration. The respondent handed his license to the police officers and pointed to a registration sticker on the windshield, stating that he did not have the vehicle’s registration card with him.
During their interaction, the police officers observed the respondent exhibiting signs of intoxication in that he had a strong odor of alcohol on his breath, glassy eyes, and slurred speech. The police officers asked the respondent if he had drank alcoholic beverages, and the respondent replied that he had not. The police officers repeatedly asked the respondent to step out of his vehicle, and the respondent repeatedly refused. After giving additional commands to exit the vehicle, the police officers tried to pull the respondent out of the vehicle without success because the respondent was holding tightly to the steering wheel. The respondent stated to the police officers, “This is unbelievable,” “You’re going to have to hurt me,” “Where’s my phone,” and “You’re making a big mistake.” The police officers warned the respondent that he would be tased if he did not comply, and respondent replied, “I’m doing nothing, you can’t tase me.” After the police officers made several more requests for the respondent to exit his vehicle, a police officer used his taser on the respondent, removed him from the vehicle, and handcuffed him.
The respondent was placed under arrest at approximately 12:03 a.m. on April 22, 2019, and taken to the hospital where three vials of blood were drawn pursuant to a warrant. At approximately 1:34 a.m., the respondent’s blood alcohol content was .264%; at 4:07 a.m., it was .18%; and at 7:56 a.m., it was .10%.
At the hearing before the Special Referee, the respondent testified that after passing the New York State Bar, he had been working with his father at a general practice law office for approximately 35 years. During his legal career, he was elected three times to serve as a part-time Justice for the Town of Bedford. As a Justice, he presided over a variety of cases, including vehicle and traffic law violations.
The respondent testified that on the night of his arrest, it was Easter Sunday and he was at his in-laws’ house commiserating over his wife’s passing approximately one year earlier. The respondent admitted that he was overcome by grief, that he had consumed alcohol, and that he should not have been driving because he was highly intoxicated. Shortly after his arrest, the respondent sought treatment for his alcohol abuse and joined Gilda’s Club to address his grief from the loss of his wife due to cancer. The respondent also submitted evidence concerning his commitment to his sobriety and his dedication to serving his community.
Sanction
Regardless of the respondent’s reason for drinking, he endangered the lives of the public when he chose to drink alcohol and then got behind the wheel of a vehicle to drive. The respondent’s own belligerent behavior with the police officers drew the attention of the media. He cannot now argue that such publicity should mitigate his misconduct.
(Mike Frisch)