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Around 1:47 AM on April 19, 2023, Patrolman Arthur Gant with the Point Pleasant Beach Police Department observed a white 2019 Nissan Altima sedan roll through the stop sign at River Avenue and McLean Avenue. He activated his emergency lights to initiate a traffic stop, but the driver continued to drive south on River Avenue before pulling into a parking lot. When she pulled into the parking space, her vehicle was incorrectly positioned. The driver, identified as Nicole, exited the vehicle and did not follow Patrolman’s Gant’s instructions to be seated inside the vehicle.

As Patrolman Gant was speaking with Nicole, he detected the odor of alcohol and observed indicators of impairment. Nicole told the officer that she was coming home from work, and insisted on walking away from the traffic stop. When she was asked for her documents, she provided the officer with PBA cards and mentioned that both her father and uncle worked for the Newark Police Department. Sergeant Thomas Hayes arrived on scene to assist shortly afterwards. She admitted to consuming alcohol earlier in the evening, and Patrolman Gant asked her to perform field sobriety exercises.

Patrolman Gant started with the recitation of the alphabet, and Nicole was unable to complete this test satisfactorily. The second exercise was the One Leg Stand test. During the One Leg Stand test, Nicole failed to raise her foot in the proper fashion and did not count in the correct sequence. The third exercise was the Walk and Turn test. During the Walk and Turn test, Nicole failed to touch heel-to-toe on each step and displayed a lack of balance. The final exercise was the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Patrolman Gant observed the lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees.

Based on her erratic driving, the indicators of impairment, the odor of alcohol, and her inability to satisfactorily complete the field sobriety exercises, Nicole was placed under arrest for driving under the influence. After she was placed under arrest, her vehicle was impounded by All Time Auto Body for a mandatory 12-hour hold under John’s Law. Nicole was then transported to the Point Pleasant Beach Police Department for further processing.

At the Point Pleasant Beach Police Department, Nicole was read the Standard Statement for Motor Vehicle Operators, but she refused to submit breath samples. She also refused to answer the officer’s questions. After she was processed, she was released to a sober adult pending her court appearance after he signed the Potential Liability Warning form on Nicole’s behalf.

Patrolman Gant issued Nicole the following traffic citations: 
-Operating under the influence (39:4-50)
-Consent to take samples of breath (39:4-50.2)
-Reckless driving (39:4-96)
-Disregarding a stop sign (39:4-144)

Court records indicate that on April 4, 2024, Nicole pleaded guilty to operating under the influence. As a result of her guilty plea, Nicole had to use an ignition interlock device for 3 months, spend 12 hours at an intoxicated driver resource center, and pay a total of $640 in fines. She was also sentenced to a suspended term of 2 days in jail. The other 3 citations were dismissed as part of a plea agreement. 
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