State v. J.L. (Resolution Date: 12/6/2017)
Summonses Issued: N.J.S.A. 39:4-50 (Driving while impaired), N.J.S.A. 39:3-74 (Obstruction) N.J.S.A. 39:4-50.2 (Refusal), N.J.S.A. 39:4-50.4A (Refusal), N.J.S.A. 39:4-96 (Reckless Driving), N.J.S.A. 2C:33-4B (Harassment)
On March 17, 2017 the investigating police officer received a call relayed by 911 caller apparently the caller observed a male striking a female passenger while operating a motor vehicle. The caller relayed to the 911 dispatcher the specifics about the vehicle including the plate number. At that particular point in time the officer observed the vehicle in question and effectuated a motor vehicle stop. At the time of the stop the investigating officer observed the female passenger to be agitated and had her head down. In addition, the officer detected a strong odor of alcohol emanating from the vehicle, which included, the driver’s inability to speak properly, his speech was slurred, and he had slow and fumbled movements when attempting to provide the officer with his credentials. Immediately thereafter, the investigating officer asked the driver to step out of the vehicle to carry out field sobriety tests, which included, heel-to-toe test, one-leg-stand test, and HGN test. The driver was placed under arrest. At the police station, the subject driver was being difficult and uncooperative. As a result, the investigating officer sought a and obtained a warrant to take the driver’s blood. The driver was taken to the local hospital, where the driver’s blood was taken and subsequently used in the prosecution of his case. According to the forensic scientist evaluating the blood at the State laboratory, the alleged BAC level was 0.14. After successful litigation of the within matter, which included an the testimony of a defense expert on blood draw the DWI and REFUSAL charges where dismissed.