A New Jersey DWI charge causes lawmaker to point fingers

A New Jersey lawmaker noted for advocating new laws concerning drunk driving and breath test refusal is now facing a drunk driving charge himself. His DWI charge originated from a traffic stop last July in Washington Township, where he had previously served the community as mayor. Because of the state Assemblyman’s notoriety, the criminal case has been transferred to another New Jersey county, though at last report it had not been scheduled for further proceedings.

In the meantime, the lawmaker has filed a 27 count criminal complaint against the police officer who arrested him. The details of what gave rise to the original DWI charge as well as the subsequent criminal complaint proffered by the Assemblyman are sketchy. This much is known: on a Tuesday afternoon, the policeman stopped the lawmaker in his vehicle, which bore vanity plates identifying him. After completing field sobriety tests at the request of the officer, he refused to submit to a breath test before speaking with his attorney. No details of the field sobriety tests were disclosed, but the officer arrested the politician on a DWI charge.

The Assemblyman, who continues to swear he was not drinking, now seeks to have the officer criminally charged. He asserts that the policeman lied about the incident and also entered false information on a police report about it. No details of those allegations were initially publicized, but a municipal court judge will now be charged with the responsibility of determining whether to allow the charges against the police officer to proceed. The Gloucester County prosecutor is said to be looking into the allegations of misconduct lodged against the peace officer.

Regardless of what happens to the proposed criminal charges against the police officer, the Assemblyman must prepare his criminal defense to the DWI charge that is still pending against him. It may seek to use his allegations as a basis for confronting the officer’s testimony as well as any physical evidence tied to the officer that is offered in evidence against the lawmaker. New Jersey residents will likely be interested in following the course of the Assemblyman’s criminal proceedings to learn if the DUI charge against him was part of the “railroading” he claims. The proceedings demonstrate the need for those accused of drunk driving offenses to protect their legal rights and fight for a just result.

Source: sfgate.com, “NJ lawmaker accused of DWI wants officer charged,” Angela Della Santi, Oct. 20, 2012