State v.J.B. Resolution date: November 18, 2013.
1st offense DWI with BAC @ .12% (N.J.S. 39:4-50) DISMISSED, NJSA 39:4-97 CARELESS DRIVING-2pts, DISMISSED, NJSA 39:3-40, Driving on the Revoked List, DISMISSED, N.J.S.A 39:4-50.14 (Operation of a Motor Vehicle by a person who consumed alcohol but is under the legal age) GUILTY (30 days loss of New Jersey Driving privileges–NO STATE SURCHARGES).
CASE DETAILS:
According to the police officer’s narrative, on August 15, 2013, defendant, J.B., was traveling his vehicle at a high rate of speed and changed lanes without signalling, despite construction taking place on the roadway in question. In response, the officer turned his vehicles overhead lights and attempted to stop J.B. who continued to drive by making a right turn then accelerated. The officer immediately activated his sirens and finally stopped the vehicle in a residential driveway. Upon officer inquiry, the defendant admitted to drinking a couple of “beers.” Given that the defendant, J.B., was a minor, the officer immediately arrested the defendant and transported the defendant, J.B. to police headquarters. At headquarters, the defendant submitted to breath testing that resulted in a BAC level .12% (which is above the New Jersey legal limit of .08%). The defendant was charged with driving under the influence of alcohol, careless driving, driving with a suspended license, and drinking and driving under the legal age. The defendant retained my services which resulted in the dismissal of the DWI, and a dismissal of all other charge except that the defendant did plead guilty to drinking as a minor that resulted in a 30 day loss of driving privileges in the State of New Jersey, community service, and an alcohol abuse educational class. The aforementioned plea will have no serious consequences on the defendant’s driver’s record whatsoever.
