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Cop Sued for Alleged Assault During DWI Arrest

Piscataway woman claims she was assaulted during a motor vehicle stop in October.

A Piscataway attorney has filed a lawsuit against a Hillsborough Township Police officer for "unreasonable and excessive" actions during her arrest for an alleged DWI in October.

Cynthia Hwang claims Officer Robert Fariello assaulted her following a motor vehicle stop on Oct. 18 on Amwell Road, near Piney Woods Drive, at 12:47 a.m.

Hwang was charged with driving under the influence, failing to keep right, driving with a cracked windshield, refusal and resisting arrest after the stop.

In a suit she filed last month, she claims Fariello "illegally assaulted, arrested and detained" her during the traffic stop, when he allegedly threw her to the ground, handcuffed her and placed her in the back of his patrol car, after she requested an attorney during a field sobriety test.

According to NJ.com, Hwang also filed a similar complaint with the police department

The report notes Township Attorney Albert Cruz and Hillsborough Chief of Police Paul Kaminsky wouldn't comment on the lawsuit, although Kaminsky praised Fariello's general performance as an officer.

mary ann January 18, 2013 at 03:07 PM
Officer Fariello came to my aid twice, not very long ago. He came to my home promptly, with a wealth of information regarding a newly-born dear in my back yard. I was then able to ensure the fawn's welbeing with the information he supplied. His first visit concerned a very different matter and he "served and protected". He was efficient, competent and at all times, I felt safe in his presence. He is truly an officer and a gentleman. Mary Ann B. Hillsborough
Mark January 18, 2013 at 03:42 PM
I don't iunderstand what her asking for an attorney while being arrested has to do with this story. Was she denied one or are the police supposed to let her sit in her car and call for attorney to come out. I guess if I was a drunk driving, arrest resistor, I would sue as well. Thank you HPD!!!!
Louis D. January 18, 2013 at 05:02 PM
The problem in today's culture is that people have no respect for themselves. Hence, how can they have any respect for others? Not to mention a police officer. Be accountable for your actions. Don't drive under the influence!!! Louis D.
Harry January 18, 2013 at 07:18 PM
Look at Locain case 3 times legal limit and she killed a women . Locain keeps blaming the women chasing here saying it was her fault not that she was tanked(intoxicated). All she got for murder was a slap on the hand a few years if she ever serves any time.
Harry January 18, 2013 at 07:19 PM
Locain should have gone to jail for life!
rbdog January 18, 2013 at 09:23 PM
Why don't the editors do research to validate the claims b4 posting such a garbage article. A good officer having bad information printed without the facts this looks like. Shame on patch....do more research and print better fact checked articles
John Patten (Editor) January 18, 2013 at 09:36 PM
Rbdog: I'm not sure what is you would like us to investigate—we are reporting on a legal claim made by a person, that is factual. Obviously, she has a different view of how she was treated when she was charged with DWI than police have, which is what the court will determine. What facts should we check?
Ro Blikesmen January 20, 2013 at 06:25 AM
I had the pleasure of attending the Somerset County "Police Youth Week" back when I was in high school. Officer Fariello was one of the officers who volunteered (or was assigned, I really have no idea) to help run the program. Throughout the programs entirety, he was extremely polite, easy going, funny, and a great role model for my fellow kids in the program. A couple of years later he was one of HHS's resource officers where I saw him maintain the same attitude and demeanor (albeit sometimes more strict and serious as he was policing at this time) day in and day out. I'm more than 100% sure that the dash-cam will prove that Officer Fariello did not assault or abuse Ms. Hwang when he "unreasonably and excessively" detained her. Maybe if she knew how to properly operate a motor vehicle, or realized that you're not allowed to pound back a bunch of winecoolers right before you get behind the wheel, this non-issue never would've happened.
Ro Blikesmen January 20, 2013 at 06:27 AM
Additionally, as I meant to include this in my intial comment, I'm pretty sure that by acquiring your license, you agree to consent to any future breathalyzer tests. If she simply refused, as this article leads one to believe, I would hope that she loses her license indefinitely.
Lou H January 20, 2013 at 06:52 PM
I personally stand by the character to which Officer Fariello holds while on duty and off is one of a respectable local citizen just doing his job. Driving while under the influence immediately puts you in the wrong. Police officers do not know what to expect when peering into a drivers seat window which heightens their anxiety. Simply following their orders eventually sets all at ease. Refusing to oblige only makes matters worse. If she wasn't questionably drunk then she shouldn't have raised suspicion. With the number one pull-over-offense in Hillsborough being DUI, can you blame him? Typical attorney behavior trying to find a loophole. Shame.
david furlong January 21, 2013 at 01:16 AM
I was pulled over by this officer and I got a ticket. Just like this train wreck, I was wrong and I had to deal with the consequences. Why do people sue when they are in the wrong? Why would this officer assault this drunk lady and risk losing his job, pension and benefits? The whole incident had to be recorded so why would he risk all of that? The simple truth is she was probably extemely intoxicated and couldnt even stand up. This officer was being proactive and prevented her from crashing into you or me. From my experience with him he was a stand up professional. I can say that even though I didnt get out of anything. I believe she should take her lawsuit elsewhere so we dont waste tax dollars showing the Township what a mess she may have actually been.
Mark January 22, 2013 at 02:18 PM
rbdog- I agree with John that they printed the FACTS of what was reported. This goes along with my main problem with the Patch itself. They are quick to print accident photos from the sides of the roads showing license plates and other info to the public that I feel should not be out there. In this case, why not wait to see if those charges are thrown out or brought first, as they appear to hold no merit and all the patch did was put out a negative article about a great police force for NO wrong doing. We are quick to point fingers at the police because it is the "cool thing" to do but from reading this article, it sounds like maybe our police officers are real people who are doing an unpopular job.
Revolution January 23, 2013 at 11:54 AM
why do they allow these lawsuits
Rich January 24, 2013 at 04:00 PM
Officer Fariello has and always be one of the professionals we as citizens would expect from our police force. It makes me angry that people who are ignorant utilize and waste our resources this way. Bottom line we have a police officer that follows the letter of the law. Everyone in this town knows who he is and what he represents. Our police officers are a big part of what this town offers. We all live here because of that. Rich
Revolution January 24, 2013 at 04:04 PM
sometimes these cops will follow you on rt 206 for miles when you are not breaking the law. harassment it seems
Maria February 04, 2013 at 06:08 AM
Guilty conscience it seems....Maybe they just happen to be behind you going up or down the highway...ever think of that? If they wanted to pull you over, they would.
Revolution February 04, 2013 at 06:04 PM
cops will follow you on 206
BillBalls February 04, 2013 at 07:20 PM
What do you expect them to do? Stop at DD? Besides, I rather have a cop behind me than some drunken tailgater
Maria February 05, 2013 at 04:25 AM
That's the only comment he seems to have. Apparently cops aren't supposed to drive behind cars on 206 at all...
Revolution February 05, 2013 at 02:20 PM
Its more like harassment Maria. Following someone even on Amwell Avenue until they hit Franklin Township which at least 3 miles or so. That has happened to me. I was sober and loving it. If they pull you over for no reason they are violating your civil rights.
Revolution February 05, 2013 at 02:20 PM
also why was this lady driving by Piney Woods at 1247am?

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