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27:49Now PlayingAround 6:03 PM on March 5, 2023, Sergeant Anthony Steneck with the Belmar Police Department was on patrol and he observed a Nissan Altima at 7th Avenue and W Railroad Avenue that was stopped on the railroad tracks after striking a railway signal. He notified dispatch to instruct NJ Transit to stop all train traffic and made contact with the driver, who was identified as Rosemary. Sergeant Steneck noticed that there was airbag deployment in the vehicle and he called for EMS to arrive on scene and evaluate Rosemary. As he was waiting for EMS, he also detected the odor of alcohol.
Belmar EMS arrived on scene and evaluated Rosemary, and during this time Sergeant Steneck retrieved Rosemary’s documents from the vehicle. As he was searching her car, he found an open container of High Noon vodka. After Rosemary declined further medical attention and decided that she did not want to be transported to the hospital, Sergeant Steneck began his DWI investigation.
Rosemary was asked to perform field sobriety exercises. The first exercise involved the Horizontal Gaze Nystagmus (HGN) test. Sergeant Steneck was only able to get to the onset prior to 45 degrees portion before Rosemary leaned backwards and he had to ensure that she did not fall. Sergeant Steneck then attempted the Walk and Turn test, but Rosemary was uncooperative. While the field sobriety tests could not be completed, Sergeant Steneck decided to place Rosemary under arrest for driving under the influence based on the traffic accident, the odor of alcohol on her person, the open container of alcohol in her vehicle, and her exhibiting indicators of impairment.
After Rosemary was placed under arrest, she was searched by a female officer with the NJ Transit Police, who was able to retrieve a bottle of fireball whiskey in her pocket. Her vehicle was also searched and impounded for a mandatory 12-hour hold under John’s Law. Sergeant Steneck transported Rosemary to the Belmar Police Department for further processing. At the station, Sergeant Steneck read the Standard Statement for Motor Vehicle Operators to Rosemary, but she refused to submit breath samples for testing. Rosemary was charged with refusal and placed in a holding cell until she could be released to someone. She was issued the following summonses: Operating under the influence, refusal to submit to chemical test, reckless driving, traffic on marked lanes, and open container of alcohol.
Court records indicate that on October 4, 2023, Rosemary was found guilty of reckless driving and having an open container and fined $240 for each respective citation. The citation for traffic on marked lanes was merged with the other citations, and she was also found guilty and fined $340 for her refusal to submit to a chemical test. As a result of being found guilty for her refusal, she was required to spend 12 hours at an intoxicated driver resource center and use an ignition interlock device for 7 months. On January 4, 2024, Rosemary was also found guilty of operating under the influence and fined $640. Rosemary paid a total of $1,460 in fines which resulted from her citations.
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