State v. N. F. Resolution Date: 11/28/2016
N.J.S.A. 39:4-50 (2nd offense DWI), NOT GUILTY, N.J.S.A. 39:4-96 (Reckless Driving), GUILTY, N.J.S.A. 39:4-98.14 (Speeding) NOT GUILTY
CASE DETAILS:
On April 16, 2016 local police were conducting traffic enforcement in a marked vehicle in a parking lot located next to a major highway. At that time and date, the local police officer observed a red Ford vehicle traveling at a high rate of speed, specifically 45 m.p.h. in a 35 m.p.h. zone. According to the officer, he utilized a laser speed measuring device to determine the defendant’s speed, which was 45 in a 35. At that point in time, the stationed officer activated his emergency lights and siren and effectuated a motor vehicle stop of the Ford. At the stop the investigating police officer approached the defendant driver. As the officer approached the vehicle he immediately smelled an strong odor of alcohol emanating from the interior of the vehicle. The officer inquired of the defendant driver as to the reason for the smell of alcohol, where the defendant driver acknowledged that he was just returning from the local bar and had consumed several beers “but that was it”. The officer further observed that the defendant driver’s speech was slurred, he was fumbling for his credentials, and seemed evasive. Based on the observations made by the investigating officer the defendant was asked to step out of his vehicle to perform various field sobriety tests. According to the officer, defendant failed several field sobriety tests, specifically heel to toe test, walk and turn test, and one leg stand test. The defendant was placed under arrest for driving under the influence and brought to the local police station. At the police station the defendant submitted to breath testing that resulted in a B.A.C. level of .19%. After approximately 7 months of litigation, the second offense DWI or N.J.S.A. 39:4-50 was dismissed, the speeding ticket was dismissed, but defendant did plead guilty to violating N.J.S.A. 39:4-96, or reckless driving, and sentenced to a 6 month loss of his New Jersey driving privileges. The court assessed a fine in the total amount of $206.00.
