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Driver Stopped from Balthazar Rejected Breath Test Then Sued For Pretextual Stop in SDNY

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN

SDNY COURTHOUSE, Nov 17 – Cordell Hines was driving on the West Side Highway at 1 am on March 3, 2017, on his way home to Connecticut from dinner at Balthazar when he was stopped by police.

He told them he had only one glass of champagne. He asked the officers if they had a quota. They arrested him.    

   On November 17, U.S. District Court for the Southern District of New York Judge P. Kevin Castel held a proceeding. Inner City Press covered it.   

An issue that arose is whether the governmental defendants statement that driving in New York implies consent to breathalyzer means even a pretextual one. It seems it may not in this case.

The case is Hines v. City of New York et al., 18-cv-4880 (Castel)

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