A New Jersey man is facing DWI charges after police claim that he would not stop for them after signaling for him to pull over.
In addition to DWI, the man has since been charged with eluding an officer with vehicle, reckless driving, failure to pull over for an emergency vehicle and possession of marijuana and narcotic paraphernalia. He was arrested and is jailed, with bail set at $10,000.
After an initial report of a man driving recklessly, police claim that they found the man in a Cadillac Escalade. They followed it with emergency lights and sirens on, however vehicle allegedly did not slow down until a building garage, after officers surrounded the vehicle with their guns drawn and ordered the driver out. Police found him allegedly covered in dry vomit and smelling of alcohol.
According to the police, the driver apologized to them that night, saying that he was sorry that he scared them when he decided not to pull over.
According to an Alcotest, his blood-alcohol content reading was at 0.17, which is more than twice the amount of the legal limit in New Jersey. Because of this, he faces a driver's license suspension as well as possible jail time if he is ultimately convicted of the allegations made against him.
Of course, certain types of blood-alcohol testing are not always accurate, and the testing that was apparently done in this instance may be examined or challenged; thus, putting its admissibility as evidence in court into question.
Nevertheless, the man faces serious consequences if convicted of the DWI charge and related accusations, which can drastically impact his life. But there is a lot of ground to cover between charging someone with a crime and convicting them of it. The burden of proof is on the prosecutor, not the defendant. As the man prepares for court, he would likely benefit from preparing a meaningful defense aimed at preserving his legal rights and protecting his freedom.
Source: New Jersey, "Hoboken man charged with DWI after eluding police during traffic stop," Travis Fedschun, July 9, 2012