DWI cop drives away from court appearance

After pleading not guilty to a pair of drunk driving charges at Bronx Criminal Court on June 1, James Finnegan hopped into his car in the parking lot across the street and drove away.

The fact that Mr. Finnegan, a retired Police Benevolent Association trustee, was driving legally is another example of treatment the Bronx District Attorney’s office called “contrary to procedure.” 

Mr. Finnegan was arrested for operating a motor vehicle while intoxicated on Jan. 24. In a document filed by the Bronx District Attorney’s office, arresting officer Emma Rodriguez testified that Mr. Finnegan refused a Breathalyzer test when police found him parked in front of the Mei Chung Mei restaurant at 157 W. 231 St., with his Honda Odyssey’s engine running and headlights on. 

A representative of the Department of Motor Vehicles said turning down a Breathalyzer usually nets suspects a yearlong license suspension. Mr. Finnegan’s suspension — which didn’t take effect until nearly three months after he was arrested — was lifted just 15 days after it was imposed, according to DMV records.

“The arresting officer did not appear at his Traffic Violations Bureau hearing,” the DMV representative said. “So his case was adjourned to a later date, which has not yet been established.”

The day after Ms. Rodriguez failed to appear at Mr. Finnegan’s traffic court trial, the ex-cop was legally allowed to take the wheel again.

Calls to the Five-O seeking comment from Ms. Rodriguez were not returned.

A 50th Precinct source said that cops patrolling the Five-O almost always attend hearings for DWI cases like Mr. Finnegan’s, especially when a suspect turns down a Breathalyzer.

“Oh yeah, we’re definitely supposed to go to those. We basically always do. The only exception I can think of is if you’re on vacation, but then they try to reschedule the date before then,” the source said.