State v. P.S. Resolution date: April 26, 2010.
DWI (39:4-50), charged with a .13% reading suppressed.
Speeding (39:4-98), Dismissed.
Improper passing (39:4-85), Dismissed .
According to the police officer, I was on patrol when i observed a vehicle stopped in traffic and honking its horn. When the traffic light changed to green, the car sped north on 1&9 passing several vehicles on the right side. I eventually caught up to the vehicle that was traveling in excess of 60 mph. I approached the car and asked the driver for his license, registration and insurance card. I observed his eyes were red and watery. While the driver attempted to get his credentials the officer noticed that the driver’s hands where fumbling and scent of alcohol emanated from the vehicle. The driver then admitted to having a few beers. Thereafter, the officer requested the driver to perform various field sobriety tests including one leg stand and walk and turn test-which the officer related that the driver failed. The officer indicated the driver acknowledged that he was not suffering from any type of injuries that would have impeded his ability to perform the FSTs. At the station, the driver submitted to breath testing which resulted in a reading of .13%. After a 104 hearing the driver/defendant’s breath test result indicating a BAC level of .13% where suppressed.