Resolution date: April 4, 2013.
1st offense DWI with BAC @ .16% (N.J.S. 39:4-50), Trial Verdict of Not Guilty.
According to the Officer’s narrative, on January 1, 2013 police responded to an intersection for a report of an unresponsive male behind the wheel of a smoking vehicle. Upon Officer arrival EMS was on scene and the officers observed defendant’s vehicle running and smoking. In response, police pull defendant out of vehicle. The defendant driver was mumbling and generally out of it. Officers immediately asked the defendant/driver if he had alcohol and the defendant responded that he had 4 to 6 beers at the local bar approximately two blocks away. The police requested the defendant to perform various field sobriety tests. The defendant failed each of the three field sobriety tests resulting in his arrest. At the station, the defendant/motorist submitted to a breath test which resulted in a .16 BAC reading. The case proceeded to a trial and the hearing Judge ruled in defendant/motorists favor by dismissing the DWI charge.