State v. L.H. Resolution Date: December 16, 2014
1st offense DWI reported BAC .10% (N.J.S. 39.4-50) DISMISSED; Speeding (NJSA 39:4-98) GUILTY
According to the police officer’s narrative, on August 24, 2014 a vehicle was observed traveling northbound with a speed indicated by the radar unit @ 49 m.p.h in a 25 m.p.h zone. Officers stopped vehicle for speeding. Once officers approached the driver’s and passenger side of the vehicle, the scent of alcohol emanating from the vehicle was distinctively noted. Defendant admitted to ingesting alcohol at a local bar immediately prior to stop but indicated that he only consume “some jack Daniels with coke.” Police requested the subject driver exit the vehicle to perform various field sobriety tests but the driver did indicate he was suffering from a knee injury. One of the officers, had the defendant/driver submitted to a portable breath tester which resulted with a positive reading for alcohol. Defendant was arrested and brought to station where he submitted to breath testing utilizing the Alcotest 7110 that reported a .10 BAC reading.