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Around 4:33 AM on March 6, 2022, Sergeant Joshua Weiss with the Evesham Township Police Department was on patrol in the vicinity of NJ 70 and Elmwood Road. He observed a white 2015 Toyota Prius stopped at a traffic light and another vehicle next to it. The driver of the second vehicle insinuated that the driver of the Prius may be impaired. After the light turned green, Sergeant Weiss initiated a traffic stop and made contact with the driver, who was identified as Marissa. Upon speaking with Marissa, Sergeant Weiss detected the odor of alcohol. Marissa told him that she was stopped at the light because she did not realize it was green, and she admitted to consuming a glass of wine before driving.
Based on his suspicion of impairment, Sergeant Weiss asked Marissa to exit the vehicle and perform field sobriety exercises. He started with the Horizontal Gaze Nystagmus (HGN) test, and he observed the lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. Patrolwoman Howe then administered the Walk and Turn test. During the Walk and Turn test, Marissa did not touch heel-to-toe on each step, pivoted using the incorrect foot, and displayed a lack of balance on the return walk. The final field sobriety exercise was the One Leg Stand test. During the One Leg Stand test, Marissa kept putting her foot down and failed to complete the test.
Based on her erratic driving, the odor of alcohol, and her inability to adequately complete the field sobriety exercises, Patrolwoman Howe placed Marissa under arrest for driving under the influence. After she was placed under arrest, her vehicle was searched and the Patrolman DiLorenzo found what he suspected to be were prohibited items. Her vehicle was towed by Eagle Towing for a mandatory 12-hour hold under John’s Law. Patrolwoman Howe subsequently transported Marissa to the Evesham Township Police Department for processing.
At police HQ, Officer Matthews read Marissa the Standard Statement for Motor Vehicle Operators, and she agreed to submit breath samples for testing. Patrolman Matthews administered the Alcotest machine and her results indicated a BAC of 0.14%, which is more than the legal limit of 0.08%. Marissa was issued traffic summonses for operating under the influence, reckless driving, and delaying traffic. She was also charged under 2C:36-2 and 2C:35-10A(1) for being in possession of the prohibited items.
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