State v. R. S. (resolution date: April 12, 2021)
Defendant motorist charged with:
N.J.S.A. 39:4-50 (Driving Under the Influence of Alcohol),
N.J.S.A. 39:4-88 (Traffic on Marked Lanes),
N.J.S.A. 39:4-96 (Reckless Driving), and
N.J.S.A. 39:4-50.2 (Refusal to Submit to Breath Testing)
Outcome: DWI-Dismissed, Reckless driving-Dismissed, Refusal to submit-Dismissed, Traffic on Marked Lanes-Guilty (2 points).
On February 7, 2021 local police observed a vehicle that crossed over the solid double yellow lines into oncoming traffic on at least two occasions, then ran over part of a snow bank as the motorist weaved around a curve in the roadway. At that time a local police officer stopped the motorist, and approached the driver’s side to question said motorist on her driving. According to the investigating police officer, the motorist’s eyes were bloodshot and watery and the motorist was having difficulty speaking due to slurred speech and being slow in her responses. At that point the investigating officer requested that the defendant/motorist exit the vehicle to perform various field sobriety tests. The investigating officer carried out a horizontal gaze Nystagmus test, walk and turn test, one leg stand test, and heel to toe test. According to the officer the motorist was unable to perform each of the tests by exhibiting, at a minimum, three to four cues of impairment. At that point the motorist was placed under arrest and was requested to submit to breath testing at the police station. At the police station the motorist was read the standard statement in English, her native language, but during the breath testing and after four breath test samples the investigating officer terminated testing indicating that the motorist/defendant refused. Attorney Dan Matrafajlo was able to have the all the serious charges dismissed with no loss of license to the defendant/motorist.
