State . T.D. (Resolution Date 02/09/2022)
On August 12, 2021 at approximately 1:20 a.m. a New Jersey local police officer working DWI enforcement observed a SUV traveling at a high rate of speed and suddenly stop short before a light. He then observed the vehicle speed up again up to 80 miles per hour in a 55 mile per hour zone. In response, the investigating police officer on DWI enforcement patrol effectuated a motor vehicle stop. Upon approaching the driver of the SUV, the police officer observed that the driver’s eyes were bloodshot, the odor of alcohol was emanating from the driver’s side of the car, the driver’s speech was slurred, and his movements were slow. The officer further observed that the driver displayed a ‘blank stare’ and appeared confused. Once the driver admitted to consuming alcohol prior to operating his vehicle, the officer asked the driver to voluntarily submit to various field sobriety tests. The driver failed all three requested field sobriety tests. The driver was arrested for Driving Under the Influence of alcohol and brought to the local police department for breath testing. The driver’s breath test resulted in a reading of .09% BAC. Prior to the breath testing the officer indicated that he observed the driver for twenty minutes and changed the mouth piece between each breath sample. The DWI and all other charges were dismissed, except driver/Defendant was found guilty to reckless driving in violation of N.J.S.A. 39:4-96. The Court did not suspend the driver’s New Jersey driving privileges.
