Man Arrested for DWI After Evading DWI Checkpoint with Illegal U-Turn

Around 11:13 PM on July 19, 2024, Patrolman Matthew Finnegan with the Monmouth Beach Police Department observed a white 2023 Tesla making an illegal U-turn on Ocean Avenue just north of a DWI checkpoint. Based on his concern that the driver may be trying to evade a DWI checkpoint, Patrolman Finnegan initiated a traffic stop. He made contact with the driver, who was identified as Philip LaRocca.

Philip told the officer that he was heading home after attending a birthday party at The Sandbox, a bar in Highlands. He admitted to consuming 2 drinks earlier that evening. As he was speaking with Philip, Patrolman Finnegan detected the odor of alcohol and observed other indicators of impairment. Given his suspicion of impairment, Patrolman Finnegan called for Patrolman Matthew Golembieski to arrive on scene and administer field sobriety exercises.

A Sergeant arrived on scene and first administered the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Patrolman Golembieski observed the lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. He also observed vertical gaze nystagmus. The second exercise was the Walk and Turn test. During the Walk and Turn test, Philip failed to touch heel-to-toe on each step, turned improperly, and displayed a lack of balance. The third exercise was the One Leg Stand test, and Philip failed to raise his foot in the proper fashion while not counting in the correct sequence. The final exercise was the Lack of Convergence test, and Patrolman Golembieski observed Philip’s eyes fail to converge on the stimulus.

Based on his traffic infraction, the odor of alcohol, and his inability to adequately complete the field sobriety exercises, Patrolman Golembieski placed Philip under arrest for driving under the influence. The vehicle that he had been driving was impounded for a mandatory 12-hour hold under John’s Law. He was transported to the Monmouth Beach Police Department for further processing.

At the Monmouth Beach Police Department, Philip was read the Standard Statement for Motor Vehicle Operators and initially agreed to submit breath samples for testing. However, he was uncooperative despite 5 separate attempts at completing a 20-minute observation period, so he was ultimately charged with a refusal. After the officers completed their paperwork, Philip was released to his attorney after he signed the Standard Statement for Motor Vehicle Operators on Philip’s behalf.

Philip was issued the following summonses:

-Operating under the influence (39:4-50)

-Consent to take samples of breath (39:4-50.2)

-Improper U-turn (39:4-125)

-Reckless driving (39:4-96)

-Careless driving (39:4-97)

Court records indicate that on February 20, 2025, the citation for operating under the influence (39:4-50) was dismissed. However, he did plead guilty to reckless driving (39:4-96). As a result of his guilty plea, Philip’s license was revoked for 30 days and he had to pay a total of $240 in fines. The other 3 citations were dismissed as part of a plea agreement.

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