ALBANY, N.Y. -- An Albany police officer is on trial, accused of drinking and driving back in December 2010.
Brian Lutz was arrested after a driver-by reported to police there was a stopped car in a highway lane. Police found Lutz in his SUV, which was idling in park with the headlights on and the door open with vomit nearby. Once Lutz was woken up, he was asked to pull to the side of the highway, but drove away instead. He was eventually stopped on Broadway. He was charges with DWI and refusing a breath test after allegedly driving down 787 the wrong way.
His arrest video was eventually released, and can be viewed here.
He was fired from the force in May 2011 after losing his license, which meant he failed to meet the minimum qualifications of a police officer in the City of Albany.
But the decision was overturned by the Appellate Division panel which stated that Albany
Chief Steven Krokoff erred in terminating Lutz
and saying a license is a minimum qualification.
Justice Karen Peters writes the only defined minimum requirement is a high school equivalency.