Judge Althea Drysdale

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Bang, charged with DWI, moved for suppression of statements. A Dunaway/Mapp/Huntley/Johnson hearing was held. Officers set up a vehicle checkpoint as a safety checkpoint, and for suspicious activities—intoxicated drivers—noting every vehicle would be stopped and asked for their vehicle documents and the drivers’ license. Bang’s car was stopped and an officer observed he had bloodshot watery eyes and an odor of alcohol emanating from his direction. He was asked if he had been drinking, and consented to take a portable breath test, reading a BAC of .11 percent. Bang was arrested and taken to the 112th precinct’s IDTU room. He was read his Miranda warnings, but denied counsel, on several occasions. The court stated, contrary to Bang’s claims, officers acted appropriately when Bang was legally stopped at the safety checkpoint, and had probable cause to arrest him for DWI. Yet, video evidence showed Bang unequivocally requested assistance of counsel, and such request was inexplicably ignored and/or denied. It stated a defendant could not waive his right to counsel, or his Miranda rights, unless his attorney was present. Thus, Bang’s motion to suppress was granted for all statements made in response to the IDTU questionnaire at the precinct.

Judge Althea Drysdale

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Bang, charged with DWI, moved for suppression of statements. A Dunaway/Mapp/Huntley/Johnson hearing was held. Officers set up a vehicle checkpoint as a safety checkpoint, and for suspicious activities—intoxicated drivers—noting every vehicle would be stopped and asked for their vehicle documents and the drivers’ license. Bang’s car was stopped and an officer observed he had bloodshot watery eyes and an odor of alcohol emanating from his direction. He was asked if he had been drinking, and consented to take a portable breath test, reading a BAC of .11 percent. Bang was arrested and taken to the 112th precinct’s IDTU room. He was read his Miranda warnings, but denied counsel, on several occasions. The court stated, contrary to Bang’s claims, officers acted appropriately when Bang was legally stopped at the safety checkpoint, and had probable cause to arrest him for DWI. Yet, video evidence showed Bang unequivocally requested assistance of counsel, and such request was inexplicably ignored and/or denied. It stated a defendant could not waive his right to counsel, or his Miranda rights, unless his attorney was present. Thus, Bang’s motion to suppress was granted for all statements made in response to the IDTU questionnaire at the precinct.