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Sunday, August 2, 2015 at 3:45PM Drunk driver crashes into police car parked in front of 71st Pct — Brooklynian

Sunday, August 2, 2015 at 3:45PM Drunk driver crashes into police car parked in front of 71st Pct

whynot_31
whynot_31
edited August 2015 in Crown Heights/Prospect Lefferts Gardens
3:45 PM on Sunday. Broad daylight. No rain or adverse weather conditions:

CH.info reports:

"A drunk driver crashed into a police car that was parked outside the 71st Precinct on New York Avenue.

The crash occurred at around 3:45pm right in front of the 71st Precinct on New York Avenue and Empire Boulevard. A red Mazda sedan occupied by two Black males suddenly veered and crashed into a parked NYPD SUV.

Both occupants quickly exited the vehicle and appeared to be dazed.

Officers were on scene within seconds and immediately suspected that something was amiss. Both occupants said that the other was the driver and both were taken into custody on the suspicion of driving while intoxicated.

After an investigation it turned out that the vehicle was a rental and both occupants were indeed intoxicated and were both arrested."

http://crownheights.info/accidents/495182/drunk-driver-crashes-into-parked-police-car/


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Comments

  • mugofmead111
    mugofmead111
    For once they can't claim "no criminality suspected". 


  • whynot_31
    whynot_31
    It does seem the police will have enough evidence to prove this case.

  • southeast
    southeast
    If "both occupants said that the other was the driver," how does that work out?
  • pheightsresident
    pheightsresident
    edited August 2015
    Good question. I'd imagine they'd first try to fingerprint the steering wheel to see if they could determine who was driving that way. If that fails (or in addition to)/both sets of fingerprints are on the steering wheel, talk to any potential eye witnesses. 

    As the car was a rental, I think the police may be able to charge the person (assuming the person whose name the rental was in was on the scene) whose name the rental is in with the crime; but that gets complicated if both men were designated drivers. 

    Ultimately, though, if all else fails, I don't think the police/DA are able to charge both men with the most serious crime here. In that case, I think they'd try to turn one against the other by offering a great deal/plea bargain/offer of no charge/etc. If that fails, and there is no other evidence conclusively linking either man to driving/crashing, then I think the most serious charge may be off the table. I could be wrong, though. 
  • southeast
    southeast
    This may have been a strategic move on the suspects' part.
  • whynot_31
    whynot_31
    edited August 2015
    In addition to finger prints on the steering wheel, it looks like the airbags went off. The driver's side airbag might have unique DNA and a facial print on it.
  • whatchuwant
    whatchuwant
    Unless the suspects want to pay for a DNA test, that won't be likely to happen. Whomever has the car rented in their name will be held responsible- NY is a no fault state, so it won't really matter. 

    I'll bet the car is in NEITHER of their names and they took the car for a joyride from their mother, gf, sister, auntie, brother, etc. Or it was flat out stolen. 
  • pheightsresident
    pheightsresident
    I disagree. Why wouldn't the cost of the DNA test be covered by the NYPD, especially given the rather serious charge of damage to police property resulting from intoxicated driving (in addition to a standalone charge of drunk driving)? 

    Also, and perhaps I'm merely confused, but what does no fault insurance liability have to do with criminal charges being filed? 
  • mike dunlap
    mike dunlap
    edited August 2015
    For once they can't claim "no criminality suspected". 


    Only because he didn't hit a cyclist. He'd have been in the clear then.
  • homeowner
    homeowner
    Or because he didn't run over a pedestrian

  • whynot_31
    whynot_31
    I think we can conclude these two individuals have been charged, and will be convicted as a result of their judgement, skills and luck.

    Let's all remember that sometimes the job of the NYPD is quite easy.
  • mike dunlap
    mike dunlap
    edited August 2015
    Or because he didn't run over a pedestrian

    http://www.nydailynews.com/new-york/brooklyn/brooklyn-bicyclist-left-injured-hitting-pedestrian-article-1.2301531
    Ha. My god how badly drivers are crushing cyclists in the pedestrian/cyclist-killing competition. 

    But remember, drivers slaughter scores of people in this city and cyclists are really annoying.  Equal levels of outrage are warranted (and thankfully shown, both here and elsewhere).
  • whatchuwant
    whatchuwant
    I disagree. Why wouldn't the cost of the DNA test be covered by the NYPD, especially given the rather serious charge of damage to police property resulting from intoxicated driving (in addition to a standalone charge of drunk driving)? 

    Also, and perhaps I'm merely confused, but what does no fault insurance liability have to do with criminal charges being filed? 
    The criminal charge is for DWI. The damage to the cop car is falls under insurance and personal liability. Now, the city may certainly go after the driver and the insurance co. the car is covered under, but the accident isn't a crime, per se. 
  • pheightsresident
    pheightsresident
    I think there are criminal charges for both. The DWI is a given. But I believe the damage to the car is also a crime, specifically criminal mischief (recklessly, as opposed to intentionally, causing damage to property) at the very least; there are probably other criminal laws that cover the situation, too. I understand what you're saying about how the no fault liability insurance comes in to play for damage to the cop car apart from any criminal liability on the issue, but I just confused about where it fit in earlier (I see now, I think). 
  • whynot_31
    whynot_31
    edited August 2015
    This link indicates the factors that make a DWI more serious: http://www.newyorkdwi.pro/

    While accidents/collisions are already listed, I think we can also reasonably add "accidents/collisions that involve parked police cars outside the precinct."



    quote:
    "Just how much jail / prison time will I have to do if I am convicted of a DWAI or DWI offense in New York state?

    The amount of incarceration (jail or prison) you face will depend on a number of factors, including (but not limited to) the following factors:

    • your prior driving record especially your DWAI, DWI, Aggravated DWI history (including any DUI / DWI's outside of the State of New York);

    • your level of intoxication / BAC (BAC of 0.18 or greater can generate greater penalties);

    • whether there was an accident / collision involved;

    • whether there was bodily injury to another person in the collision;

    • which New York county or court your case is in;

    • what judge you are sentenced by;

    • whether there was a passenger / child in your car (beginning in mid December 2009, getting a DWI with a child under 16 years of age in your vehicle will result in a felony offense regardless of your prior DWI history);

    • whether the judge feels you have accepted responsibility for your actions."

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