State v.L.Q. Resolution date: January 15, 2014.
1st offense DWI with BAC level of .08% (N.J.S. 39:4-50) DISMISSED, N.J.S.A 39:4-144 Failure to Stop or Yield-2pts, GUILTY, N.J.S.A 39:4-126, Failure to signal turn-2pts, GUILTY, N.J.S.A 39:4-49.1 (CDS in motor vehicle) DISMISSED, N.J.S.A 2c: 35-10A(1) ACCEPTED-CONDITIONAL DISCHARGE-DISMISSED AFTER 1 YEAR OF SUCCESSFUL COMPLETION OF PROBATION.
According to the police officer’s narrative, on August 25, 2013, defendant, L.Q., failed to stop at a stop sign then failed to signal before turning right. Officer stopped defendant, L.Q. and during the motor vehicle stop the officer immediately began to smell a strong odor of alcohol emanating from the interior of the vehicle. The officer then began to question the defendant. During the officer inquiry, the defendant admitted to leaving a bar but only having a “few” drinks. The officer requested that the defendant step-out of the vehicle and perform several filed sobriety tests, namely: HGN, walk and turn and one leg stand test. According to the officer, the defendant failed all three field sobriety tests. As such, the defendant was arrested for driving under the influence of alcohol. At the police station, the defendant’s pocket’s where emptied and the officer found, in the defendant’s possession, a control dangerous substance wrapped in a dollar bill. After five months of litigation, the DWI charged against the defendant was dismissed; however the defendant had to plead guilty to two moving violations and enroll into the conditional discharge program in connection with the CDS charge. Notwithstanding, the defendant did NOT lose his privileges to drive a motor vehicle -despite pleading guilty to two traffic offenses!