Stopped at a green light in a black Mercedes, Fernando Nuesi ignored honking cars and some cops who were trying to pull him over.
A block later, he was observed parking the vehicle and "staggering down the street." After detecting an odor of alcohol, the officers administered a breathalyzer test, and while his breath was "insufficient," his blood alcohol level supposedly registered at 0.177--twice the legal limit.
After a Brooklyn County Supreme Court jury convicted him of driving "under the influence of alcohol," Nuesi appealed. He argued that the trial judge shouldn't have allowed the breathalyzer results to come into evidence because the officers didn't know how to use the device.
Although Nuesi failed to preserve that argument for appellate review, the Appellate Division, Fourth Department, reviewed the record and concluded that the cops were sufficiently familiar with the machine's use, that it had been tested, and, was in "good working order."
Was there something in the air that night, Fernando?
To view a copy of the Appellate Division's decision, please use this link: People v. Nuesi