On April 12, 2025, at approximately 1:52 AM, New Jersey local police from were dispatched to the scene of a motor vehicle accident on a residential roadway having a 25 mph speed limit. The officers did not observe the vehicle in motion or witness the collision. Upon arrival, they found a black BMW, operated by G.E. (defendant/motorist), which had struck two legally parked vehicles. G.E. was in the driver’s seat when police arrived.
During the initial on-scene contact, the arresting officer noted that G.E. eyes were “bloodshot and watery,” her speech was slurred, her movements were sluggish, and he detected a “strong odor of an alcoholic beverage”. When asked if she had consumed any alcohol that evening, GE replied, “No”.
The officer proceeded to conduct Standardized Field Sobriety Tests (SFSTs).
- Horizontal Gaze Nystagmus (HGN): The officer’s report states he observed a lack of smooth pursuit, distinct nystagmus at maximum deviation, and an onset of nystagmus prior to 45 degrees in both eyes, for a total of six clues.
- Walk-and-Turn (WAT): According to the officer, GE struggled to maintain the starting position and began the test before being instructed to start. The report stated that she failed to perform the turn as demonstrated and instead “continued walking forward… before stopping and stating she had completed the test”.
- One-Leg Stand (OLS): The officer indicated that G.E. did not perform the test as demonstrated. The officer explicitly stated, “After several seconds of improper form, I instructed her to stop the test”.
Based on these observations, G.E. was arrested for Driving While Intoxicated. At police headquarters, she consented to provide breath samples. Following a 20-minute observation period, two breath samples were taken using an Alcotest 7110 MKIII-C, which produced a reported Blood Alcohol Concentration (BAC) of 0.18%. A subsequent DWI questionnaire, filled out at the station, indicates that Ms. Esteves stated she had consumed two beers.
The matter was scheduled for trial and on September 30, 2025, the charges for DWI (N.J.S.A. 39:4-50) were dismissed on the merits and Failure to Maintain Lane was dismissed. G.E was guilty to Reckless Driving (N.J.S.A. 39:4-96) that resulted in a 30 days loss of her New Jersey driving privileges. Attorney Dan Matrafajlo was able to prevent the State from admitting the Alcotest reading of .18% by arguing the State failed to show an updated and current .10 simulator solution .10% Breath Alcohol Simulator Solution Lot #24370. Furthermore,
Attorney Dan persuasively argued that the strict 20 minute deprivation period was not adhered to given the video footage of G.E. in the processing room showed that she burped within minutes of submitting her first breath sample. Attorney Dan Matafajlo further established that the field sobriety tests administered by the investigating officer did not meet strict criteria mandated by NHTSA and New Jersey’s.
Contact a New Jersey DWI Attorney
If you’ve been charged with driving under the influence or any related traffic offense, it’s important to act quickly. A skilled New Jersey DWI attorney can help protect your rights and fight to get the best possible outcome for your case. Call Dan T. Matrafajlo at 908-248-4404 today for a free consultation.
