05-23-11 STATE OF NEW JERSEY VS. JOSEPH ADUBATO A-3419-09T1
We affirmed the denial of a motion to suppress in a DWI
case.
The police officer received a dispatch that a specific car was driving around the neighborhood, and that the driver kept exiting the vehicle. He may also have been told that the driver might be intoxicated. When the police arrived at the scene, the car was parked with its lights on and the engine running. The driver was speaking loudly on his cell phone. It was after 10 p.m.
The police officer, who was not then aware that the driver was parked in front of his residence, activated his flashers and pulled up behind the car. As he approached the driver, the police officer detected the odor of alcohol. He determined that it was coming from the driver's breath. In addition, the driver's eyes were watery and bloodshot, his speech was affected, and he told the police officer he had been drinking at a pub. After field-sobriety tests, the driver was arrested and charged with DWI.
