State v. R.W. Resolution date: August 9, 2007.
State v. A. M. Resolution date 02/18/2015
1st offense DWI in violation of N.J.S.A. 39:3-50 driving under the influence of alcohol (.14 BAC) reading suppressed, N.J.S.A. 39:4-50 (G) driving under the influence in a school zone, N.J.S.A. 39:4-96 reckless driving, N.J.S.A. 39:4-97 careless driving, N.J.S.A. 39:4-97.2 operating in an unsafe manner, N.J.S.A. 39:4-88 failure to maintain lane, N.J.S.A. 39:4-88A failure to keep right with marked lanes, N.J.S.A. 39:82.1 improper use of divided highway, N.J.S.A. 39:4-82 failure to keep right, N.J.S.A. 39:4-67 obstructing traffic, N.J.S.A. 39:4-63 injurious substances, N.J.S.A. 39:4-56 delaying traffic, N.J.S.A. 39:4-71 driving on sidewalk, N.J.S.A. 39:3-75 improper safety glass.
According to the Police Officer’s account of the events that took place, Defendant/motorist was involved in an auto accident where he lost control of his vehicle and struck an oncoming motorist causing substantial damages reacquiring police assistance. Upon police arrival, the investigating officer noticed that the defendant/motorist’s face was extremely flushed and his eyes were watery and bloodshot. The officer also detected an order of an alcohol beverage emanating from the defendant/motorist’s breath. The officer then questioned the defendant as to whether or not the defendant had anything to drink and the defendant replied that yes he did. Thereafter, the police officer requested several field sobriety tests, such as: the horizontal gaze nystagmus, walk and turn test, and one leg stand test. According to the officer the defendant failed all three tests promptly resulting in his arrest and apprehension. At the police headquarters, the defendant submitted to breath testing which resulted in a B blood content alcohol level of .14. Defendant was issued the above listed summonses. After approximately five months of litigation, the defendant’s breath test reading of .14 was suppressed by the Court and the defendant entered into a plea on an observational case that resulted in a three (3) month loss of his driving privileges in the State of New Jersey. The remaining summonses issued to the defendant were all dismissed in their entirety.