STATE V. K.W. (Resolution Date: September 12, 2016)
2nd Offense DWI (Dismissed), Reckless Driving (Guilty)
CASE DETAILS:
On March 23, 2016 at approximately 10:00 p.m. a 911 call was placed by a concerned citizen indicating that the driver was leaving a bar and she was impaired. The concerned citizen provided the details of the driver’s vehicle, including registration and the callers observations of the driver’s apparent impaired state of being. The 911 call tape was dispatched to the surrounding police departments that came across the apparent drunk driver’s vehicle. As a result thereof, the investigating police officer stopped the vehicle at issue and began an DWI investigation. The driver was requested to exit the vehicle and perform various field sobriety tests, which according to the officer, the driver had failed. The officer opined that the driver failed the heal-to-toe test, walk-and-turn test, and the HGN test. The driver was brought into the precinct to submit to breath testing that resulted in a reported B.A.C. level of .22%. As a consequence, the driver/defendant was issued summonses for N.J.S.A. 39:4-50 & N.J.S.A. 39:4-96 (Reckless Driving). After months of litigation and a successful Holup Motion, the DWI charge was dismissed; however the defendant did plea guilty to Reckless Driving in violation of N.J.S.A. 39:4-96.
