STATE vs. E.E. (Resolution date October 23, 2017)
Summonses issued for violations of N.J.S.A. 39-4-50 (DWI- NOT GUILTY), N.J.S.A. 39-4-96 (Reckless Driving – GUILTY), N.J.S.A. 39-4-56 (Delaying Traffic – NOT GUILTY), N.J.S.A. 39-3-29B (Failure to Exhibit – NOT GUILTY), N.J.S.A. 39-4-50.2 (Refusal to Submit to Breath Testing- NOT GUILTY).
CASE DETAILS:
On June 13, 2017 at approximately 3:00 a.m. local police were dispatched to a report of a driver stopped at an intersection controlled by a traffic light. The investigating officer approached the driver who was apparently “passed- out” at a traffic light while the light. At that point the investigating police officer observed the traffic was driving around the passed out driver. At that time the investigating police officer attempted to wake up the driver by repeated and forceful knocking on the driver’s side door. At that point the investigating officer began to question the driver on his consumption of alcohol where the driver had admitted to consuming at least two glasses of Sangria at a local bar. As a result thereof, the investigating police officer requested the driver exit the vehicle to perform several field sobriety tests, which included the Horizontal Gaze Nystagmus (HGN), Walk and Turn, and One Leg Stand tests. According to the officer the driver failed all three tests and was arrested under suspicion of driving under the influence or (DWI). At the precinct the driver agreed to submit to breath testing but apparently after six failed attempts of providing breath samples the officer issued the driver a refusal to submit charge. After extensive litigation, the DWI and Refusal charges were dismissed in its entirety. The driver plead guilty to driving in violation of N.J.S.A. 39-4-96 which resulted in a 90 day driver’s license loss.
