State v. R.W. (Resolution date April 25, 2016) 1st offense DWI (N.J.S. 39.4-50) DISMISSED; Open Container of Alcohol (N.J.S. 39:4-51B) DISMISSED; Reckless Driving (N.J.S. 39:4-96) Guilty with 30 Days loss of New Jersey Driving Privileges;
On September 27, 2015 Amanda Rivera was charged with 39:4-50, 39:4-138D, 39:4-138F, and 39:4-51B (open container). According to the police officer’s description of the incident a 911 call was placed indicating that an individual was sleeping in a vehicle that was running, the break lights were activated, and was improperly parked on the street. The responding officers appeared and observed the individual asleep in an improperly parked automobile. The officers further observed a pedestrian reach into the suspect vehicle and turn off the vehicle while the driver remained asleep. According to the investigating officer’s account he approached the driver and attempted to wake her up. The investigating officer was able to wake the driver and had began to question her on how she ended up at her destination. The driver had indicated she was attempting to drive to a friend’s house, but never made it. At that point the officer requested the driver step out of the vehicle to perform field sobriety tests, which, according to the officer, were all failed by the driver. The driver was arrested and subsequently submitted to breath testing that resulted in a .13 BAC. The matter was scheduled for trial that resulted in a dismissal of all charges, but a guilty finding to reckless driving with a 30 day loss of driving privileges in the State of New Jersey.