State v. A.F. (Resolution Date: 12/10/18)
SUMMONSES ISSUED: N.J.S.A. 39:4-50 (Driving While Intoxicated-DWI), N.J.S.A. 39:4-97 (Careless Driving), and N.J.S.A. 39:4-96 (Reckless Driving).
On August 12, 2018 local police appeared to a scene of an accident where they observed an SUV that collided into a telephone pole causing the telephone pole to break in half. The arriving police officer observed the male driver seated next to the truck looking disoriented and confused. The investigating police officer approached the individual who admitted to driving the vehicle into the telephone pole, but also admitted to consuming some alcohol beverages before getting behind the wheel of his SUV. At that point the officer determined that the driver was possibly under the influence of alcohol based on the fact that his speech was slurred, his eyes were bloodshot, and he was unable to walk without help. The investigating police officer carried out three (3) field sobriety tests, namely the walk-and-turn test, the one-leg-stand test, and an HGN test. At the conclusion of all tests, the driver was arrested for DWI. At the police station the defendant submitted to an ALCOTEST that resulted in a BAC of .08%. After several months of litigation, including relying on various case law such as the unpublished opinion of State v. Lobo and State v. Mukherjee the DWI summons was dismissed in its entirety.