State v.H.C. Resolution date: October 28, 2013.
2nd offense DWI with BAC @ .19% (N.J.S. 39:4-50) DISMISSED, CARELESS DRIVING-2pts, GUILTY (30 days loss of New Jersey Driving privileges).
On March 3, 2013 H.C. was involved in a head on collision that required police and ambulance assistance. At the moment the police arrived, they observed the defendant standing next to his vehicle distraught, nervous and leaning against his car for support. The investigating officer smells the scent of alcohol emitting from the defendant that prompted an inquiry by the officer on whether or not the defendant consumed any alcoholic beverages. Upon officer inquiry, the defendant admitted to drinking a couple of mixed vodka drinks. In response, the officer requested the defendant perform various field sobriety tests which included HGN, walk and turn and heel to toe tests. The officer opined that defendant failed all three field sobriety tests resulting in the defendant’s arrest and charge for DWI in the State of New Jersey (as a second time offender). At the police precinct the defendant submitted to a breath test that resulted in a .19% BAC. The defendant retained my services which resulted in the dismissal of the DWI, a guilty plea to Careless Driving in violation of N.J.S.A. 39:4-97 with a 30 day loss of driving privileges in the State of New Jersey. The plea to the Careless Driving ticket resulted in the assessment of two motor vehicle points upon the defendant’s New Jersey driver’s privileges, but the much more serious charge of Driving Under the Influence of alcohol was dismissed in its entirety.