State v. I.H. resolution date 06-08-2017
N.J.S.A. 39:4-50 (1st offense) NOT GUILTY; N.J.S.A 39:-4-50.2 (Refusal to Submit to Breath Testing) NOT GUILTY; N.J.S.A. 39:4-96 (reckless driving) NOT GUILTY, N.J.S.A. 39:4-129b (leaving the scene of an accident) GUILTY, and N.J.S.A. 39:4-130 (failure to report an accident) NOT GUILTY; N.J.S.A. 39:4-56 (Delaying Traffic) NOT GUILTY.
On November 13, 2016 the defendant was issued summonses for N.J.S.A. 39:4-50, N.J.S.A. 39:4-50.2 (Refusal), N.J.S.A. 39:4-96 (reckless driving), N.J.S.A. 39:4-129b (leaving the scene of an accident), and N.J.S.A. 39:4-130 (failure to report an accident). According to the police officers narration of the events that took place, which resulted in the outlined charges, at approximately 1:19 a.m. the police received a 911 call indicating that a vehicle had fled the scene of an accident, more specifically involved in a hit-and-run. The local police officer ran the vehicle registration that was provided by the 911 caller which returned a local home address of a residence that was within miles of the hit-and-run accident. As such, the investigating officer drove the registered residence where upon the officer’s arrival he observed a vehicle matching the description provided by the 911 caller and a female exiting the vehicle and attempting to enter into the residence. At that point the officer stopped the female/defendant, and began questioning her regarding the accident that prompted the 911 call. The suspect female admitted to the accident and at that point the officers smelled a significant odor of alcohol, observed that the female’s voice was slow and slurred including blood shot eyes. At that point the officer requested that the female carry-out various field sobriety tests, which included: a walk and turn test, one leg stand test, and a heel-to-toe test. According to the investigating officer, the suspect female failed all three field sobriety tests. At that point, the investigating officer placed the female under arrest for driving under the influence of alcohol including leaving the scene of the accident. At the precinct the officer requested the female to submit to breath testing with the Alcotest breath test machine. The female would not submit to testing. After litigating the matter for approximately four (4) months, the DWI and refusal charge were dismissed, the other summonses were dismissed except the female defendant was found guilty of leaving the scene of an accident resulting in a six (6) month license suspension with a$289.00 fine.