State v. P.P. Resolution Date: June 15, 2015
N.J.S.A. 39:4-50 (DWI, BAC .11) Dismissed. N.J.S.A. 39:4-126, Failure to Give Proper Signal, Guilty; N.J.S.A. 39:4-88b Failure to Maintain Lane, Guilty. N.J.S.A. 39:4-49.1 Operating a Motor Vehicle in Possession of A Controlled Dangerous Substance, Dismissed; N.J.S.A. 2C:29-2A (1), Resisting Arrest, Dismissed; N.J.S.A. 2C:29-3B (1), Hinder His Own Investigation, Dismissed.
CASE DETAILS:
On November 28, 2014 the defendant was charged with Driving under the Influence of Alcohol in violation of N.J.S.A. 39:4-50, Failure to Give Proper Signal in violation of N.J.S.A. 39:4-126, Failure to Maintain Lane in violation of N.J.S.A. 39:4-88b, Operating a Motor Vehicle in Possession of A Controlled Dangerous Substance in violation of N.J.S.A. 39:4-49.1, Possession of a CDS of less than 50 grams in violation of, Resisting Arrest by Preventing a Law Enforcement Officer from Making a Lawful Arrest which was in violation of N.J.S.A. 2C:29-2A (1), and Attempt to Hinder His Own Investigation or Prosecution in violation of N.J.S.A. 2C:29-3B (1).
According to the investigating police officer’s account of the situation, while on routine patrol the arresting police officer observed a vehicle exit a 7 Eleven convenience store and drive over the curb and accelerate at a high rate of speed. At that point the arresting officer attempted to catch up to the vehicle and as he got closer he observed the vehicle drift into the oncoming lane of traffic several times. The officer continued to observe the vehicle until the subject vehicle reached a spot where a safe traffic stop could take place, at which point the arresting officer effectuated a motor vehicle stop. As the officer approached the vehicle, he observed the defendant/driver’s eyes were blood-shot and a strong odor of alcoholic beverage emanated from his breath. As the officer spoke to the defendant/driver, he observed that the defendant’s eyes, besides being blood-shot, were watery, the defendant/driver was fumbling around and his speech was slurred. The officer asked where the defendant/driver was coming from and if he had consumed any alcoholic beverages before prior to driving. The defendant/driver indicated that, “yes, it’s Thanksgiving and I had a few drinks”. At that point in time the officer the defendant/driver exit the vehicle to perform various field sobriety tests. The officer requested that the defendant/driver perform the walk and turn test, one leg stand test, and heel to toe test. According to the police officer’s investigation report, the defendant/driver failed all three tests and was placed under arrest. After placing the defendant/driver under arrest the arresting officer pats down the defendant and stumbles across marijuana and other CDS on the defendant’s person. The officer then places the defendant in the back of the patrol car and searches the defendant’s vehicle where the officer discovers a jar containing two pills that were the generic form of Xanex. Apparently prior to the defendant’s arrest, the defendant fought with the arresting officer in an attempt to prevent the officer from placing handcuffs upon the defendant to effectuate his arrest. As a result of the foregoing the defendant was brought to the police precinct and requested to submit to a breath test. According to the Alcotest results the defendant’s BAC level was .11%, prompting the outlined charges.
