State v. A.F. (Decided 09/12/2018) Summons Issued: N.J.S.A 39: 4-50 (DWI) and N.J.S.A. 39:4-97 ( Careless Driving)
On November 18, 2017 defendant/driver was issued summons for violations of N.J.S.A 39: 4-50 and N.J.S.A. 39:4-97. On the aforementioned date there was a motor vehicle accident where the defendant/driver was seriously injured, including fresh blood splatter along the windshield and the interior of the driver’s side of the subject vehicle. Upon police arrival, the defendant was in shock and bleeding profusely – requiring emergent medical attention. Before the arrival of the ambulance, the investigating officer was able to surmise that the defendant had consumed alcohol prior to the collision taking place and displayed various signs of impairment, including; bloodshot eyes, odor of alcohol, and admission of consuming alcohol immediately prior to the car crash. At that point the investigating officer followed the defendant driver to JFK Medical Center where the officer provided a phlebotomist with a blood draw kit to extract a blood sample from the defendant, to be analyzed at the State Police laboratory for alcohol ingestion. The New Jersey State Police Office of Forensic Sciences laboratory report analysis indicated that the defendant had a B.A.C. level of nearly .04 with and additional substance known as Propofol. The State sought to pursue a conviction under N.J.S.A 39: 4-50 for operating a motor vehicle while impaired with a combination of a narcotic and alcohol consumption. At the conclusion of nearly nine months of litigation, the defendant’s DWI charge was dismissed and the defendant pled guilty to careless driving in violation of N.J.S.A. 39:4-97.