Two off-duty cops collide
Foley charged with DWI

By Michelle O’Riley

VOORHEESVILLE — Last Thursday, an off-duty Albany police sergeant and resident of Voorheesville was involved in a car crash and arrested for driving while intoxicated. His car collided with one driven by another off-duty officer, say Bethlehem Police.

Vincent P. Foley, 38, of the Albany Police Department, was driving westbound on New Scotland Road in the early-morning hours when his 1996 Chevrolet Caprice crossed the double center lines and collided head-on with another vehicle near Bridge Street, according to the accident report filed by the Bethlehem Police Department.

Foley was trapped in his car after the 2:54 a.m. crash and had to be pulled from his vehicle by emergency workers, the report says; he suffered injuries and was taken to Albany Medical Center for treatment.

Foley was charged with driving while intoxicated, first offense, a misdemeanor, and with two infractions — failure to keep right, and refusal to take a breathalyzer test.
Foley refused to take a blood alcohol content (BAC) test, according to the incident report filed by Bethlehem Police, but emergency medical services workers at the scene said that Foley "smelled of alcohol."
At first, the report says, a breazthalyzer test wasn’t administered because of injuries being treated at the scene. Later, at the hospital, "Foley was read his DWI warning and Miranda" rights, the report says. Because he refused the BAC test, he was read the DWI warning three times, the report says.

Under New York State Law, a reporting officer can determine the probability of a person driving under the influence or driving while intoxicated without administering a BAC test. This can be determined through field sobriety tests and also the presence of evidence such as the smell of alcohol on the breath and glazed eyes.

The other vehicle involved was driven by off-duty police officer Daniel D. Micare, 35, of Albany, who works for the Rensselaer Police Department; he suffered no injuries and was not charged, the Bethlehem Police report says.

Both vehicles had heavy front-end damage, according to the report, and they were towed from the scene.

Foley was suspended without pay for 30 days while the Albany Police Department completes an internal investigation, spokesperson James Miller told The Enterprise this week. The Albany Police Department would not disclose any details of the investigation and Miller said the department will use what is found to determine if any further steps should be taken.

Foley is scheduled to appear in Bethlehem Town Court on July 18. The court clerk has not received information on who will be representing Foley. He could not be reached for comment.