State v. J.B. (resolution date 7/25/2014)
Defendant was charged with N.J.S.A. 39:4-50 (DWI with a BAC level of .21%) and N.J.S.A. 39:4-97 (Careless Driving).
According to the police officers narrative of events, defendant/motorist was traveling westbound when the police officer observed the defendant weaving in the roadway for a considerable period of time. At that point, the police officer decided to stop the defendant/motorist for suspicion of drunk driving. While speaking to the defendant the officer observed the defendant/motorist’s speech was slurred, droopy- bloodshot and water eyes. The officer noted that the smell of alcohol was emanating from the defendant’s vehicle. In addition, the defendant’s speech was slurred. The defendant failed all three roadside field sobriety tests given by the officer. The defendant was arrested and transported to police headquarters. At police headquarters, defendant submitted to two breath test utilizing the Alcotest BAC tester which indicated a BAC level of .21%.
After successful litigation, DWI attorney Dan Matrafajlo was able to suppress the .21% B.A.C reading resulting in the defendant losing her driving privileges in the State of New Jersey for a period of no greater then 3 months. All the other summons issued were dismissed as part of the plea.