Vehicle released absent showing of heightened risk to public safety
ALJ Joan Salzman directed the Police Department to release a vehicle because the Department failed to demonstrate a heightened risk to public safety. Respondent, who was 72 years old, was arrested for driving while intoxicated and was found to have a blood alcohol level of almost twice the legal limit. The ALJ held that, while the respondent's blood alcohol level was high, this fact alone was not enough to demonstrate heightened risk to public safety. Respondent had never been arrested before and was remorseful about his behavior. The Department did not show that the driver had ever engaged in reckless or unsafe conduct that would allow it to retain his vehicle on public safety grounds. Police Dep't v. Santos (in PDF), OATH Index No. 543/08, mem. dec. (Sept. 21, 2007).