State v. K.S. Resolution date: January 12, 2012.
2nd offense DWI (N.J.S. 39:4-50), Directed Verdict of Not Guilty. Failure to maintain lane (N.J.S. 39:4-88b),Dismissed. Reckless Driving (N.J.S. 39:4-96), Guilty and a90 day loss of New Jersey drunk driving privileges was imposed by the Court.
CASE DETAILS:
According to the Officer’s narrative, on Tuesday, August 23, 2011 while on patrol and working an “over the limit, under arrest” detail, the officer was traveling the area of Route 1 and Jersey avenue. As the officer proceeded north of Jersey Avenue he observed a Chevy Blazer SUV drift from the center portion of the lane, cross over the double yellow lines with the left tire, straddle the line momentarily and drift back to the center of the northbound lane. The officer further observed the defendant regain directional control, the vehicle then drifted right and the vehicle’s right side tires crossed the white fog line on the right side of the north bound lane. At that time the officer effectuated a motor vehicle stop.
The officer further opined that the defendant/motorist spoke with a slur and upon approaching defendant/motorist’s vehicle the odor of alcohol emanated from the vehicle. At that point, the officer demanded that the motorist exit the vehicle and perform field sobriety tests, such as the walk and turn, heel to toe and HGN. According to the officer, the defendant/motorist failed all field sobriety tests. At the station, the defendant/motorist submitted to a breath test which resulted in a .08 BAC reading.
