State v. C.D. Resolution Date: June 18, 2014
1st offense DWI with a BAC level of .14% (N.J.S. 39:4-50) BAC reading was suppressed and defendant pled guilty to first tier DWI resulting in a 3 month loss of New Jersey driver’s privileges; Reckless Driving-5pts (N.J.S. 39:4-96) DISMISSED; Speeding-4pts (N.J.S. 39:4-98) DISMISSED; Failure to Maintain Lane-2pts (N.J.S. 39:4-88b) DISMISSED.
According to the police officer’s narrative, on February 24, 2014, defendant, C.D., was traveling her vehicle at a high rate of speed while drifting in and out of the lane markings. In response, the officer activated his emergency equipment and initiated a motor vehicle stop. During the officer inquiry, the officer noticed the defendant fumbling and dropping things on her lap while trying to retrieve her registration and insurance card. During questioning, the defendant admitted coming from a local bar where she had “two drinks.” When asked by the officer what she was drinking, the defendant responded by saying “vodka cranberries.” The officer indicated the defendant’s speech was “slow, muffled, and slurred.” At which point, the officer demanded the defendant to step out of the vehicle where he detected a strong odor of alcohol emanating from the defendant’s breath, as well as her having bloodshot watery eyes, and droopy eye lids. The officer then requested that the defendant perform several filed sobriety tests, namely: HGN, walk and turn and one leg stand test. According to the officer, the defendant failed all three field sobriety tests. As such, the defendant was arrested for driving under the influence of alcohol, reckless driving, speeding, and failure to maintain lane. At the New Jersey State Police Barracks the defendant submitted to a breath test that resulted in a .14% BAC. The defendant retained my services and after months of litigation the defendant’s reckless driving, speeding, and failure to maintain lane tickets were dismissed. Most importantly, I was able to have the BAC reading of .014% suppressed. In response, defendant pled guilty to first tier DWI- resulting in a three month driver’s license suspension.
