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21:35Now PlayingAround 2:02 AM on April 8, 2023, Officer Thomas Anzalone observed a 2001 Mercedes driving erratically on Route 206 in Hillsborough, New Jersey. He activated his lights and began pursuing the vehicle, and the driver eventually stopped in a parking lot of a QuickChek. As Officer Anzalone approached the vehicle, he asked the driver, 23-year-old Mark Kwiatek, where he was coming from. He told the officer that him and his girlfriend had been at The Club House in Somerville, and later admitted to consuming 3 drinks. When questioned separately, his girlfriend corroborated his account that he had consumed 3 drinks at The Club House in Somerville, New Jersey. Another officer arrived at the scene shortly afterwards to assist.
Based on his suspicion of impairment, Officer Anzalone offered Mark the opportunity to perform field sobriety exercises. The first exercise involved the Horizontal Gaze Nystagmus test. The second exercise involved the Walk and Turn test, and Mark failed to properly walk heel-to-toe or turn as instructed. The final exercise was the One Leg Stand test, and Mark failed to raise his foot in the proper fashion or count in the correct sequence.
Based on his inability to adequately perform the field sobriety exercises, Officer Anzalone placed Mark under arrest for driving under the influence. After he was placed under arrest, his vehicle was searched and impounded for a mandatory 12-hour period as required by John’s Law. Mark was transported by Officer Anzalone to the Hillsborough Township Police Headquarters. Once at police HQ, he read his the Miranda rights as well as the Standard Statement for Motor Vehicle Operators. Mark agreed to provide breath samples, and his Alcotest results indicated a BAC of 0.07%.
After Mark was processed, he was released to a sober party after they signed the Potential Liability Warning form on his behalf. Officer Anzalone wrote him the following summonses: Operating under the influence, careless driving, failure to give proper traffic signal, failure to observe traffic control device, and traffic on marked lanes.
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