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Bronx D.A.'s office facing allegations of favorable treatment regarding prosecutor's DUI arrest

Last week, a blog post discussed how several police precincts in the Bronx were currently at the center of a large-scale investigation into allegations of ticket-fixing. Now, another prominent law enforcement agency in the Bronx - the district attorney's office - is under the spotlight for perhaps providing favorable treatment to a fellow prosecutor who was arrested for DUI.

According to sources, officers responding to the scene of a three-car accident on the Major Deegan Expressway in August 2010 came upon Jennifer T., a Bronx prosecutor, speaking into a cell phone and walking in traffic.

Prior to being arrested on suspicion of drunk driving, Jennifer T. allegedly said into the cell phone, "I'll get out of this like I did last time. Nestor [F.] will get me out. He's chief of narcotics at the D.A.'s office. I just need to talk to him. I got arrested but didn't go through the system four years ago. Four years ago this happened and I learned my lesson."

Interestingly, no investigating agency - including the Bronx D.A.'s office, the Manhattan D.A.'s office (handling Jennifer T.'s DUI case in order to avoid a conflict of interest) or the New York Police Department (NYPD) - appears to have ever looked into the truth of these statements until it was recently brought to light by various media outlets.

In fact, Police Commissioner Raymond W. Kelly indicated last week that an investigation into the matter was not officially launched until "allegations surfaced in the media."

"So far we haven't been able to find anything in the records about that supposed stop or bringing that individual into the station house," said Kelly of the investigation. "We're checking databases, command logs, that sort of thing."

As for the Bronx D.A.'s office, a spokesperson indicated that Nestor F. - the district attorney referenced by Jennifer T. - engaged in no questionable conduct and only told her to contact her bureau chief on the night of her August 2010 drunk driving arrest.

Interestingly, Jennifer T.'s attorney, Howard H. Weiswasser, expressed his belief that his client had been only been detained and released on the earlier DUI arrest (he did not represent her at that time). He also indicated that she denied any wrongdoing.

Stay tuned for further developments on this story from our New York traffic law blog ...

Being arrested for drunk driving can have a serious impact on your life in a number of ways and result in various penalties. In fact, many of these penalties are much more serious than the mere suspension or revocation of your license.

When faced with this scenario, consider contacting an attorney who understands New York's confusing legal system, and who can help you evaluate your options and make the right decisions.

This post was provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the accused and other parties.

Related Resources:

After arrest, possible favored treatment of Bronx prosecutor was not investigated (The New York Times)

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