State v.Z.E. Resolution date: May 23, 2013.
1st offense DWI (N.J.S. 39:4-50) DISMISSED, Failure to Maintain Lane (N.J.S. 39:4-88b) DISMISSED, Reckless Driving (N.J.S. 39:4-96) AMENDED TO CARELESS DRIVING-2pts, Refusal to Submit (N.J.S. 39:4-50.2) GUILTY, Tinted Windows (N.J.S.A. 39:3-74) DISMISSED.
According to the Officer’s narrative, April 5, 2013 while on patrol in marked unit officer observed a vehicle bearing NJ registration not maintaining its lane of travel. Officer indicates he observed the vehicle drift back and forth in the lane in a serpentine manner touching the lane markings on both the drivers side and passenger side wheels. This vehicle also had tinted windows. The officer stopped vehicle and approached driver. Officer indicated driver later identified as E. B, had trouble pulling the registration and insurance card out of the plastic holder. The driver had blood shot eyes and watery eyes and the odor of alcohol emanated from the interior of the vehicle. At which point, the officer demanding the driver to step out of the vehicle in order to perform various field sobriety tests. Outside the vehicle, the officer indicated the driver failed the HGN test (Horizontal Gaze Nystagmus), one leg stand tests and heel-to-toe test. As a result, the driver was arrested for DWI. At the station the driver was read New Jersey Attorney General’s Standard Statement for Motor Vehicle Operations dated July 1, 2012 at which point the driver/defendant replied “No” would not submit to breath testing. Notwithstanding, the DWI charge was dismissed against the driver.