Corrections officer busted for DUI instead of real culprit

On behalf of Brian D. Roman, Attorney at Law on Wednesday, April 16, 2014.

A DUI conviction can result in serious penalties ranging from a suspension of your driver's license and fines to probation and even jail time. It's important for those charged with DUI-related offenses to present a strong defense. A defendant has certain rights, and Massachusetts criminal defense attorneys work to protect those rights while the case proceeds through the court system.

In a case that took place in Massachusetts' neighboring state of New York, an off-duty New York City corrections officer has been charged with driving while intoxicated and refusing to take a breath test. The corrections officer, though, was not driving when an accident occurred at .

The April 11 report states that the off-duty corrections officer was charged with the crimes after he was caught switching seats with a tow-truck driver after the tow-truck driver had crashed the truck in a Manhattan park. The 23-year-old tow-truck driver crashed the truck into a tree in the park while the 28-year-old officer was in the vehicle. The same tow-truck driver had been involved in situations like this before, according to the news. He was arrested for drunk driving in 2008, and the police claim he has been cited for 66 violations in the past. He has allegedly had his license suspended 77 times.

Once police realized the two had switched seats, the tow-truck driver was hit with charges including a felony aggravated unlicensed operation of a vehicle, refusing a breath test and driving with impaired ability.

There was no information given regarding the two defendants' bond amounts, if any, or upcoming court dates. There was also nothing said about the impact of the arrest on the correction officer's employment. An experienced criminal defense attorney may be able to provide guidance as to available defenses to the charges the men are facing.

Source: New York Daily News, "Off-duty NYC corrections officer, said drunk, busted in tow-truck crash" Barry Paddock, Apr. 11, 2014