State v. G.G. (resolution date 6/24/2014)
Defendant was charged with N.J.S.A. 39:4-50 (DWI) N.J.S.A. 39:4-66 (Maintenance of Lamps), N.J.S.A. 39:4-88(failure to maintain lane of travel), N.J.S.A. 39:4-96 (Reckless Driving).
According to the police officers narrative of events, defendant motorist was traveling with his tail light out. As a result, the officer began to follow the defendant/motorist at which point the officer observed defendant activate his right turn signal but would pass several streets without turning right. Moreover, the officer indicated defendant began to drift over the solid white line onto the shoulder of the roadway. At that point, the officer activated his overhead lights and pulled the defendant over. Once pulled over the officer approached the defendant/motorist and smelt alcohol emanating from the vehicle. Officer began to question defendant at which time defendant admitted to drinking alcohol in a slurred manner and exhibited red watery eyes. Officer requested defendant to step-out of vehicle and perform various field sobriety tests, such as HGN, one leg stand, walk & turn. Officer opined defendant failed all filed sobriety tests. The defendant was arrested and transported to police headquarters. At police headquarters, defendant submitted to two breath test utilizing the Alcotest BAC tester which indicated a BAC level of .12%.
After successful litigation, DWI attorney Dan Matrafajlo was able to suppress the .12% B.A.C reading resulting in the defendant losing his driving privileges in the State of New Jersey for a period of 3 months. All the other summons issued were dismissed as part of the plea.
