State v. J.D. (resolution date 6/18/2014)
Defendant was charged with N.J.S.A. 39:4-50 (DWI) N.J.S.A. 39:4-97 (careless driving), N.J.S.A. 39:4-96 (Reckless Driving).
According to the police officers narrative of events, defendant/motorist was traveling north in the south bound lane of travel on a major highway. The officer immediately to prevent a serious collision intercepted the defendant/motorist by directing the defendant to immediately pull over into the shoulder lane. Defendant had trouble pulling his vehicle over but eventually was able to pull his car into the shoulder lane. Once pulled over, defendant seemed disoriented with blood shot eyes. The officer had questioned the defendant on where he was coming from but defendant replied with “i can’t recall.” Defendant further admitted to officer he was “drunk” and probably unable to drive. Defendant was arrested and transported to police headquarter for breath testing. At headquarters, defendant submitted to breath testing that resulted in a BAC level of .16%
After successful litigation, Dan Matrafajlo was able to suppress the .12% B.A.C reading resulting in the defendant pleading guilty to a 1st tier DWI under N.J.S.A 39:4-50, thus losing his privileges to drive in the State of New Jersey for a period of 3 months. All the other summons issued to the Defendant/motorist were dismissed as part of the plea agreement.