State v. S.B.
State v. S.B. (Resolution Date April 28, 2016)
1 offense DWI N.J.S.A. 39:4-50 (DISMISSED), N.J.S.A. 39:4-50(g) (Operating Under the Influence in a School Zone) (DISMISSED); N.J.S.A. 39:4-96 (Reckless Driving) (DISMISSED); N.J.S.A. 39:4-97 (Careless Driving) (GUILTY); and N.J.S.A. 39:3-47(a) (Improper Lighting Equipment) (DISMISSED).
According to the investigating police officer’s narrative on October 2, 2015 at approximately 10:25 p.m. officers were dispatched to a motor vehicle accident involving the Defendant. Upon arrival, the investigating officers observed an SUV vehicle operated by the Defendant that struck several parked vehicles. The officers then proceeded to the Defendant’s vehicle in order to question the Defendant as to the circumstances of the accident. Upon approaching Defendant’s vehicle, the officers observed the Defendant to be incoherent, slow, speaking with a slurred voice, and unable to articulate a sentence. In addition, the investigating officer noted that he detected a strong odor of alcoholic beverage emanating from the Defendant’s breath. As a result thereof, investigating officers requested medical attention because of the condition of the Defendant. Medical personnel arrived and transported the Defendant to the local hospital for emergent evaluation. At the hospital, the Defendant’s blood was drawn in order to evaluate it for alcohol. According to the lab analysis that was rendered, the Defendant’s blood alcohol level was approximately .15%. As a result, the State filed multiple charges against the defendant as fully listed above. Dan T. Matrafajlo, attached the accuracy and the handling of the blood sample by hiring a toxicologist to review the analysis of the State toxicologist’s conclusion that the Defendant’s blood alcohol level was at a .15%. The case proceeded to a trial that lasted two days, the Court found the Defendant NOT GUILTY of operating a vehicle under the influence of alcohol in violation of N.J.S.A. 39:4-50 and the operating a vehicle under the influence in a school zone. However, the Defendant was found guilty of operating a motor vehicle in a careless manner in violation of N.J.S.A. 39:4-97 and was ordered to pay the Court a fine in the amount of $89.00, the remaining motor vehicle charges were dismissed by the State’s motion.