State . M.M. (Decided July 16, 2019)
Charges: N.J.S.A. 39:4-50 (DWI based on alcohol- DISMISSED), N.J.S.A. 39:4-96 (reckless-DISMISSED), N.J.S.A. 39:4-97 (careless-DISMISSED), N.J.S.A. 39:4-129 (Leaving the scene-DISMISSED), N.J.S.A. 39:4-50.2 (refusal-DISMISSED), N.J.S.A. 39:4-50.4A (enforcement of refusal-GUILTY), N.J.S.A. 39:4-130 (failure to report an accident-DISMISSED), N.J.S.A. 39:4-125 (improper turn-DISMISSED)
On August 21, 2018 the defendant/motorist was operating a motor vehicle on a New Jersey State highway when the defendant/motorist collided into a tractor trailer for no apparent reason. The defendant/motorist left the scene of the accident, but was apprehended a short distance from the accident scene by a New Jersey State Trooper. The investigating trooper approached the defendant/motorist’s vehicle and observed that the defendant/motorist exhibited slurred speech and her eyes were bloodshot and watery. In addition the defendant/motorist id acknowledge consuming “a few beers” prior to operating her motor vehicle. Based of the foregoing the trooper requested the defendant/motorist exit the vehicle to perform several field sobriety tests. According to the officer the defendant/motorist failed all field sobriety tests which resulted in her arrest. At the station the defendant/motorist was read the New Jersey Standard Statement requiring defendant/motorist’s to submit to breath testing. The defendant/motorist, aware of her rights, rejected the officer’s request to submit to breath testing. After nearly one year of litigation, Driving Under the Influence in violation of N.J.S.A. 39:4-50 including all related summonses were dismissed, however the defendant did plead guilty to refusing to submit to breath testing in violation on N.J.S.A. 39:4-50.4A. In other words, the defendant was found not guilty on drunk driving, but was guilty for failing to submit to breath testing.