State v. M.S. (resolution date 1/15/2014)
Defendant was charged with (N.J.S.A. 39:4-50, BAC .18%) BAC reading was suppressed and defendant pled guilty to an observational case resulting in a 3 month loss of New Jersey driver’s privileges, careless driving (NJSA 39:4-97) dismissed, possession of a controlled dangerous substance (CDS) (NJSA 2c:35-10(a) conditional discharged pursuant to title 36, possession of a CDS in a motor vehicle (NJSA 39:4-49.1) dismissed.
Defendant was stopped by police for driving the wrong way on a one way street. The investigating officer smelt alcohol emanating from the defendant’s vehicle, defendant speaking in a slurred manner and blood shot eyes. As a result, defendant was requested to step-out of the vehicle and perform various field sobriety tests (FST), such as: one leg stand, walk and turn and heel to toe tests. According to officer, defendant failed all FST tests, consequently defendant, motorist, was arrested and charged with DWI, including other traffic violations set forth above. During defendant’s arrest, the officer discovered marijuana (CDS). After three months of litigation, the BAC reading of .018% was suppressed. In response, defendant pled guilty to first tier DWI- resulting in a three month driver’s license suspension.