State v. E. B. (Resolution Date May 25, 2016)
1st Offense DWI N.J.S.A. 39:4-50 (DISMISSED); N.J.S.A. 39:4- 96 (Reckless Driving, Guilty); N.J.S.A. 39:4- 81(Failure to Observe Traffic Signal, DISMISSED); and N.J.S.A. 39:4- 126 (Failure to Give Proper Signal, DISMISSED)
On May 24, 2015 at approximately 2:46 a.m. an officer observed the Defendant drive through a red light without signaling while turning right on the intersecting roadway. The officer observed the driver’s eyes to be blood shot and glossy. Based on the foregoing the officer requested that the driver exit the vehicle in order to conduct field sobriety tests. The three field sobriety tests requested by the officer, to be carried out were: Horizontal Gaze Nystagmus, Heel to Toe, and Walk and Turn test. According to the officer, the subject driver failed all three tests. As a result, the officer arrested the subject driver for driving under the influence, including the other listed charges. At the police station the officer observed the subject for twenty minutes before administering the Alcotest. According to the Alcotest results the subject driver was operating a vehicle under the influence of alcohol with a B.A.C. of .11%. The officer further performed Worksheet A, as required under State v. Chun and the aforementioned breath test were within tolerance or valid. After approximately one year of litigation the DWI charge was dismissed. However, the Defendant/subject driver was found guilty to operating a motor vehicle in violation of N.J.S.A 39:4-96 (reckless driving) and was sentenced to 45 days of NO driving in the State of New Jersey.