State v. A.W. Resolution Date: October 21, 2014
1st offense DWI (N.J.S. 39.4-50) DISMISSED; Refusal to Submit to a Breathalyzer (N.J.S. 39:4-50.2) DISMISSED; Careless Driving-2pts (N.J.S. 39:4-97) DISMISSED; Leaving the Scene of an Accident (39:4-129) GUILTY
According to the police officer’s narrative, on March 18, 2014, the officer responded to an accident, whereupon he encountered a green sedan with heavy rear end damage. After following a trail of fluid leaving the scene the officer located a silver sedan, driven by defendant, A.W.. The vehicle had sustained heavy front end damage, and was smoking heavily. During the officer inquiry, the defendant indicated leaving the scene in an attempt to “make it home.” Upon further investigation, the officer noticed that the defendant had watery bloodshot eyes, and droopy eyelids. After questioning, the defendant admitted to leaving a bar but only having “one” drink. The officer requested that the defendant step-out of the vehicle and perform several filed sobriety tests, namely: alphabet test, walk and turn test, and one leg stand test. According to the officer, the defendant failed all three field sobriety tests. As such, the defendant was arrested for driving under the influence, leaving the scene of an accident, and careless driving. At the station the driver was read New Jersey Attorney General’s Standard Statement for Motor Vehicle Operations at which defendant refused to submit to breath testing. The Defendant was subsequently charged with refusal to submit to a Breathalyzer. The defendant retained my services and after months of litigation the defendants DWI, Refusal to Submit to a Breathalyzer, and Careless Driving charges were all dismissed. The defendant did plead guilty to Leaving the Scene of an Accident.