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vehicle accident at St Mark's avenue and St Paul Avenue the caller described a black Dodge dingo SUV officer scanland responded to the scene while officer Jac patrolled the area as he headed westbound on North Avenue and made a left turn onto Crossway Place officer jock saw a vehicle matching the caller's description the driver of the Dodge Durango made an erratic right turn from South Avenue West onto Crossway place he followed the vehicle and activated his emergency lights after the driver turned left onto North Avenue the driver stopped on North Avenue in the vicinity of Whittier Avenue in the neighboring town of Scotch Plains officer jock notified dispatch of the traffic stop and made contact with the driver who was identified as Melissa uh can I get license registration Insurance please yeah where you coming from tonight um I'm coming from um I had to work unfortunately so I had to work uh on St Mark's avenue and then I had to leave and then I okay is this vehicle with you yes this is my oh that no did you have anything to drink tonight no thank you no I'm saying did you have anything no no I didn't okay no sir no sir no I definitely did not do you have your license of registration sh 231 with to I'm not sure I have um I'm not sure I have all that stuff okay Charlie Brown so what are you looking for so I need your license registration and insurance you have that okay do you have your license yeah what's your name Melissa yes all right Melissa do me a favor yeah can you uh step out of this vehicle just come to the back for me all right I'm asking you step out of the vehicle to come to the back for you okay can we can we pull over I need you to break on on the side Street no I want I want you to leave your car step out the vehicle window on the front door enter and check the house out on just come over here for me yeah look at me look at me I so yes so you said you you came from St Marks from that area you were working yes I was working working where exactly I was working at St Mark's doing what uh bartending bartending yes I'm guessing with the South size social is that where you bartend yes sir okay so listen I'm going to let you know what's going on okay yes sir so we got a call okay of a possibly intoxicated female okay okay that possibly hit another vehicle okay okay um they were able to give us the your license weight or at least the first three characters and the type of vehicle you have okay okay so I'm going to let you know now I'm talking to you I can smoke alcohol coming from your breath you have the vehicle that match the description I'm trying to make sure if it's you or not okay it's definitely not me it's not you well I mean no as he was speaking with Melissa he detected the odor of alcohol and observed other indicators of impairment Melissa told him that she was headed home after working as a bartender Sergeant ver bitsky arrived on scene to assist and Melissa was asked to exit the vehicle and perform field sobriety exercises okay so can I put you through some series of testes to see if you're okay so hold on a second let me um I'm going talk to my partner we're try to get a couple things going and you said your name is Melissa right this is your vehicle that's me and you said you were just on St Marks right cuz that's where everything kind of just happened so that's why I'm trying to put everything together now okay yes sir what we're going to do is we're going to put you through some tests all right um just to see if you're able to drive just CU you know I'm just want to make sure you're okay all right just like I said I believe you all right um you want to yeah and where you heading to tonight you heading home where's Home where's Home is yeah I'm going home all right no problem yeah it's no problem at all one I know you're busy in there I have okay this is what we're going to do okay 4719 45719 this is what I want to to do for me okay mhm thank you do you have any contacts any issues with your eyes I need to be worried about okay what I want you to do right now is look at the tip of my pen okay well well how do I know is that blind yeah how about step step on the side this is very obscure huh like you said we just got to make sure you're okay to drive I'm fine to drive I know but understand that I I laid it out to you right told you where were you coming from tonight I understand where were you coming from tonight I was coming from a party that I was working and then and then I'm coming I'm going home I got live where was the uh the party 3d1 the party was on Mark Street in Westfield yes okay did did you get in your car and then drive away do you remember hitting anything well she said she was like oh you backed in I was like okay I apologize yeah I I I might have backed into something you might have okay yeah I might have I'm not 100% sure if he did or not okay all right just listen to what this officer is saying so like I said officer jacqu started with the horizontal gaze ni stmas hgn test during the hgn test officer jock observed the lack of smooth Pursuit distinct and sustained NI stmas at maximum deviation and the onset of nystagmus prior to 45° the second exercise was the walk and turn test during the walk and turn test Melissa did not touch Heel To Toe on each step and took an incorrect number of steps the final exercise was the one leg stand test during the one leg stand test Melissa failed to raise her foot in the proper fashion and put her foot down before the test was complete yes sir see this pen yes sir do me a favor yes sir just follow this pen okay yes sir I'm following it only with your eyes not with your head I'm falling with my eyes with your eyes not your head your head has I'm falling with my eyes not my head all right keep your head still sir yes sir on with your eyes not your head okay keep your head eyes with your eyes not your head go following it with my eyes down my head okay I'll be heading from here I got all the information vehicle reportable no injury no doubt you want to say available I'm going to be doing this for a little bit okay it's going to be a few times I need to check how many times you need to do this before so I have to so sorry I'm sorry I have to ask how many times do you have to do this for you to be plausible for me to be plausible I'm just asking so you have to be how many times possible for me to be POS I'm just asking listen to me okay yes sir yes sir I'm going to put you through this test I'm going to be gauging your eyes right now yes sir and then I'm going to actually do a couple other things yes sir okay yes sir so all I need you to do right now is just to follow the pen yes sir okay sir that's all I'm asking for right now yes sir okay keep keep staying at the pen sir yes sir I'm here yes sir I'm here 400 for me to yes sir I'm there yes sir I'm there yes sir I'm there yes sir I'm there yes sir I'm there yes sir on there okay stare again at the yes sir on there yes sir on there yes sir I'm there yes sir I'm there yes sir I'm there yes sir I'm there yes sir I'm yes yes and the last thing I'mma do yes sir look up yes [Applause] [Music] sir yes sir I'm there yes sir how can I help you all right this is my this is my supervisor he's just here to watch me okay he wants to make sure I do everything right good okay so what we're going to do is so what you're going to do is what I'm so what give me a favor just go behind this go behind this white car and look at me go behind I didn't even do anything right here right here do me a favor right here right here you see me I didn't even do anything wrong okay yes sir I want you to stand here okay I'm standing here facing that way facing that way yes sir is is there anything that I need to be worried about injuries like your legs or anything that's going to stop you from walking a straight line for me walking back and forth is there anything that injuries I need to be aware of do you have any injuries on your body that I need to be aware of right now no sir but why are you asking me this sir cuz I'm going to ask you to perform a series of tests and I need to be aware if you have any bodily injuries that May hinder you from doing the test but sir why ask me if I have a a series of bodily tests man' we're going to do some tests make sure you are okay to drive I am sir okay so this is this is how we are going to I am okay that's you you're saying you're okay but now once you conduct the test and we will decide if you're okay to drive if you're okay to drive we'll put you back in you're good to go home okay man so just let him explain to you the test we'll get through them and that's it all right okay okay just CM down it's it's right just don't ask me too many okay no it's okay man all right I asked you you asked me you ask me questions listen to him he's going explain to you the series test just follow his the I know you're trying to do your job but like just don't don't forget you have I'm a life no I know we like I'm still like a person to don't take it so why are you asking me all these question well so we could explain okay listen what I need you to do I need you relax take a deep breath okay I need you to pretend there's a imaginary straight line in front of you just doesn't to be on on that line I need you to put your left foot on that line and directly in front of it I want you to put your right foot on that line just like so okay can you do that for me you have to get in that position just so I can start so I can let you know what we're going to be doing the no no no you have to get into the position the the position is your left foot on the line directly in front of it is going to be your right foot get into that position I don't want you to start walking can you get into that position for me the left foot the left foot on the line left foot on the line directly in front of your left foot is going to be your right foot okay that's and your hands down at your side all right all right keep your hands down at your side make a fist don't hold anything just keep it down at your side okay okay so listen to me yes what we're going to do is call a nstep heel or toe okay I'm going to demonstrate the test 4 you got to look at me just so you know so I know you are paying attention to me okay why you make me why I told you I smell alcohol coming from your breath you told me you where you're coming from and I know there was an accident where you came from so now I'm trying to make sure you're okay to drive home okay can you yes sir yes sir all right so all I want you to do is put your left foot on the imaginary line and directly in front of it is your right foot yes sir yes sir here reverse stay right there that's that's I need you to be straight though I need you to be facing that way okay so which way so which way face him face him okay hold it hold it hold that position that's what I want you to do stay just like that keep your hands on at your side okay okay what we're going to do is call nine steps I'm going to do three I'm going to demonstrate what I want you to do I'm doing three but you're going to do nine okay it's simple all right it's going to be one two three when you get to nine steps I'm only doing three you're going to get to nine you're going to do a series of small steps and then you're going to walk back one two three I'm only doing three you're going to do nine okay when you begin this test you have to keep your hands down at your side you have to count out loud uh and once you start you cannot stop okay once you stop that tells me you're done with the test okay okay so again you have to get back into the position the starting position when you walking through your toes touch your heels okay your toes have to touch your heels okay I demonstrate it for you all right you do you have any questions I do have one question go ahead if you make me do this then what do other people have to say nothing man I'm just trying to see if you're okay if you're okay I will put you back in the car and you can go home that's all I'm trying to do is see if you okay to drop keep your hands out of your pockets okay sorry so get back in the starting position so move over you made me you made me look bad move over move over so you're away from the car look bad okay the starting position is your left foot on the line directly in front of it is your right foot and your hands down at your side so get into that position left foot on the line directly in front of it the right foot is going to be directly in front of your left foot yes correct yes right there turn around do the same thing backwards keep walk y keep long again do the same [Music] thing check everything checked out the car not wish okay so we got one more test okay yes sir so begin this test I need your feet together hands down at your side yes sir you got to stay I got to me everything face me okay so Fe together all right can I can I that's fine that's fine whatever hands down at your side all right this is going to be called a six in tes actually so what what I want to tell you though is that I think it's going to cut out too okay okay so listen what I'm I'm going to want I'm the the instruction that I'm going to tell you is at your leg of your choosing okay you're going to pick up you're going to raise it up 6 in off the ground okay okay just like so I'm demonstrating for you right I'm going to say 1 1,000 2 1,000 3 1,000 4 1000 until I tell you to stop okay do you have any injuries or anything that I need to be worried about with your legs or anything that I need to worry about nothing I'm fully capable sir thank you sir okay so thank you sir get into the starting position okay sir thank you or I am in my position sir and how can I proceed hold on hold on hold on hold on hold on go go and lift one leg of your choice approxim six inches from the ground and keep it to pointing up and pick one foot up do you want to show you again do you want him to do it again I'm going to I'm going to demonstrate what you have to do wait I I had like listen listen to me listen to my voice yes sir okay yes sir what we're going to do is what we're going to do sir yes sir what we're going to do is sir I'm going to have your feet together hands down at your side all right yes sir stop moving okay with the leg of you're choosing you're going to raise it up 6 in off the ground yes sir pointing down yes sir you're going to count 1 1,000 2 1,000 sir 1 1,00 two to 1,000 yes sir when I tell you to begin okay so put your foot down yes sir okay okay so now I demonstrated what you need to do yes sir okay uh-huh get ready get into the starting position and hold and hold understand what he said to you I did understand okay yes sir I did understand what he said to me sure you understand what's going thank you sir yes I did understand what he said to me thank you sir so just listen to what he's got to tell you I'm listening when I tell you to start I want you to start okay sir yes sir I will go 1 1,00 2 1,000 3 1000 4 1,000 5 1,000 6 1,000 7 1,000 8 1,000 100000 keep going until you tell you to stop 1 1,00 2 1,000 3 1,000 4 1000 5 1000 6 7 1000 8 1000 9 1000 based on the reported motor vehicle accident her erratic driving the odor of alcohol and her inability to satisfactorily complete the field sobriety exercises Melissa was placed under arrest for driving Under the Influence after she was placed under arrest and placed in the patrol car her vehicle was impounded for a 12-hour hold according to John's law officer ja transported Melissa to the Westfield Police Department for further processing while Sergeant V's bitsky remained unseen until the vehicle could be towed by George's towing and recovery favor look at my partner there won you look at my partner look at my partner turn to him your back your back you're going to be under arrest okay for suspicion of [Applause] DUI all right do me a favor start walking towards my car ma'am is there anything in the car that you need out like your purse or your cell phone ma'am' is there anything in your car that you want out like your purse or your cell phone because we have to tow your your car as per John's La so it's going to be towed so Ione to take your purse out and your cell phone out okay where is is in the front of your seat head to 118 East Street 118 apparently we have several individuals on a rooftop and they Som okay so we're going to go and retrieve your uh s on your back from your car okay do you have anything in your pockets is it okay that we can we take this off No don't touch me please don't touch me please make sure you just use the back of your hand yeah yeah yeah so just turn around in front of him cuz I want his camera to see what I'm doing there's nothing on you right there I have to like search you before I put you in I'm just going to touch you with my back of my hand I'm not going to touch you inappropriately I just want his camera to see what I'm doing okay all right is there anything in [Music] here just hope you see I'm get bring him your bottle can you get in here please can you sit here oh that's her phone ma'am I'm putting your phone in the front seat back where is the key for the car in your purse where is it' ma' where's the key to your car where your keys to your car is it in your pocket yes you have the key in your pocket one she only had um Wine open thing in her poet the keys to your car so get to where where are the keys your and your purse don't are your keys on you let me go Che I know chance descrition J why you doing this to miss we're going to need the registration insurance is that you can relax you can sit back you can you can relax try try the best you can is there anything in the car that you need like value or anything so that way it doesn't get towed nothing okay as I said we need the registration insurance is that in the car you don't have any of that stuff no you don't have any of that okay no what's up you sure it's not in the car we got to write tickets if you don't have that that's why I'm trying trying to give you the opportunity to tell me if you have it in there not why would you write tickets because you're in an accident too so we need your registration your uh insurance information that's what I'm asking you think it's in the car somewhere in the glove compartment you don't have it okay Melissa I know you're not like happy right now but we just need to have the keys to your car so when they tow it they can like turn it off and it's not running and the battery dies and gas runs out can you at least help us out with that and let me know where your keys are I don't know I don't know it's also so they can lock it up too you don't want anything getting stolen right I don't know like put my you have the fob on you what's that I can't understand what you're saying is it in your pocket is that what you're trying to get no it's not where's the key fob at like I said we're doing it so we can help you out lock up the car for you if you don't tell us they're going to they might drag it up that's you don't want damage or anything but they might have to drag the car up they can't drag it anywhere they can't drag it anywhere okay I'm trying to help you out that's I don't I don't I I don't know I don't I don't I don't know you're like acting like I don't like you're going to be released pretty soon somebody's going to pick you up do you need keys to pick your car up tomorrow and you need keys to get into your house correct I don't know I don't I I don't know I don't know where where do you usually keep your keys did you leave them at where you were coming from at the party do you think do you have a purse or anything tonight sure sure yeah just start ma' where do you usually keep your key yeah the at the house how when you drive where do you usually keep it I'm trying to help you out make it easy I'm not I'm not trying to make it more difficult I just I just don't know where where could it be your car don't know it could be anywhere could be anywhere how does your purse look like why is it a big purse is it a small purse ma'am yes sir your purse how do it look is like a big regular siiz purse like I can't okay never it's a small it's a small purse and like I want to go home I want to go to I want to go to Cranford I want to go small I I want to go small I want to go small I want to go uh to Berkeley Heights which is like the best place that I want to go okay all right yeah berley height small it's fine it is what it is she you have phone we have your phone in front I don't have anything I don't see anything it's all right just go inside with her house uh I'll follow you in don't anything I'll St the car I don't have anything stop you going to do the Box the Box did you get the full for that vehicle I'll be on the six scen we one arrest starting m 692 the be following will be 631 old female I'm with the vehicle just for C put in this we were not able to locate te for the vehicle first as well on the those JVS are going to be at this time I was not able to observe any damage that would cause the power to turn off off we theen great pain transfer rear bumper side [Music] oh oh 693 bre you're oh oh you got it well no the oh this is your phone right what yes sir all right we're going to I'm going help you out of this car right now come on stay with my partner you okay you almost fell there are you all right I fell because you P me out there you stand you got her I just want to do a quick check I you got her walk over that there's a cur right here there there you go some steps hold up real quick come here get some steps here one two three all right and then one step to get up go to that wall to the left the wall to the left the wall to the left the wall to the left you got to walk to the wall to the left come on come on listen the longer you prolong this the longer this is going to take I can have you out of here within an hour hour and a half or I can have you sleep in the cell for the night you let me know what you want to do can you walk over to the bench FR please just sit down all you got to do is sit down you're already you're already here Melissa just walk forward come on don't make it listen listen listen listen clearly do you want do you want to go home within an hour or do you want to go into the cell what do you want to do come on thank you we're almost listen you're almost done you're going to prolong this whole process come on all you got to do is sit down sit right here just go sit down get your hand sit right here no no no no no I have nothing I I don't have to submit to this I don't have to at the station Melissa was read the standard statement from motor vehicle operators and she initially agreed to submit breath samples however she did not cooperate during the administration of the AKO test and she was ultimately charged with refusal after they were finished processing Melissa she was released to her father pending her court appearance he signed the potential Sher Lighty warning on Melissa's behalf half she was issued the following citations operating Under the Influence careless driving leaving the scene of an accident failure to report motor vehicle accident refusal to provide breath samples consent to take breath samples failure to possess driver's license and failure to possess driver insurance card I don't have to I don't have sit down sit down I don't have to subit this sit down sit down I don't have to submit this I don't have to submit you want to go home right you want to go home I don't have to submit I don't you're not I'm not asking you to submit anything I'm just asking you to sit down sit down I don't have to I don't have to I don't have to listen why are you forcing me listen you're going to make let me go please please please please please don't please let me go you don't have look over mean we don't have you have