State v. A.G. Resolution date: September 21, 2010.
DWI (39:4-50), Dismissed. Refusal to Submit to Breathalyzer (39:4-50.2), Dismissed. Open Alcohol Container (39:4-51b), Dismissed . Refusing to Cooperate with Police Direction, Amended to City Ordinance. (2C:29-1A amended to 14-3)
Motorist/defendant lost control of his vehicle and struck a telephone pole. According to police report, the accident took place in front of a stationed police officer patrolling the area. According to the officer, he observed the defendant exit his vehicle and attempt to flee the scene of the accident on foot. The officer immediately intercepted him and observed: inability to stand properly, staggering, fumbling, slurred speech, and smell of alcohol coming from the defendant. The officer requested the defendant to carry out field sobriety tests, and the officer’s opinion was he failed. BAC level .11%