State v. Snyder

766 A.2d 316, 337 N.J. Super. 59, 2001 N.J. Super. LEXIS 37
CourtNew Jersey Superior Court Appellate Division
DecidedJanuary 31, 2001
StatusPublished
Cited by5 cases

This text of 766 A.2d 316 (State v. Snyder) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Snyder, 766 A.2d 316, 337 N.J. Super. 59, 2001 N.J. Super. LEXIS 37 (N.J. Ct. App. 2001).

Opinion

The opinion of the court was delivered by

LANDAU, J.A.D. (retired and temporarily assigned on recall).

Defendant Brian J. Snyder appeals his conviction of operating a motor vehicle under the influence of alcohol, N.J.SA. 39:4-50, following a trial de novo in the Law Division, Cumberland County, on the record established before the Municipal Court of Vineland.

Defendant contends that the trial court should have found that the State failed in its burden to prove operation under the influence beyond a reasonable doubt. The argument rests primarily upon defendant’s uncorroborated factual assertion that, after causing minor damage to another vehicle in a tavern parking lot, he drank whiskey from a V-0 bottle that he kept in his car.1 Defendant said this drinking took place after he decided to call his wife so that she could drive him home, but before the police arrived.

Our review of the record satisfies us that the proofs and stipulations before the court were sufficient to fulfill the State’s [62]*62burden of persuasion under N.J.S.A. 39:4-50 beyond a reasonable doubt. In consequence, we affirm.

Defendant testified that he had three beers at the Fireside Tavern during a period of three hours beginning at about 10:30 p.m. on June 4,1999. He left the tavern about 1:30 to 1:35 a.m. on June 5, went to his pick-up truck, backed out of his space and was about to exit onto the highway when a man told him that he had backed into and damaged a parked vehicle.

Defendant said he then drove to the front of the tavern, parked his truck, and walked over to examine the damaged vehicle where he noticed what he characterized as “slight damage on the front hood.” According to the defendant, he wanted to “try and make an agreement between the young lady whose car I backed into,” and so he called his wife for assistance in that regard and also so “she could come to the scene and pick me up and take me home.”

When the young lady appeared to be upset, defendant testified he then went to his vehicle where he drank about “three shots of alcohol” from a bottle. Defendant maintained that he consumed the V-0 about fifteen minutes after reparking his truck, before he learned that the police had been called, but after he had called his wife to assist and to take him home.

When a police officer arrived at 1:52 a.m.,2 he asked for defendant’s credentials. Defendant dropped the contents of his wallet on the ground. Defendant told the officer that he consumed three beers in the tavern, but not about later drinking from a bottle of V-0 which, he testified, by then he had “stuck under the seat of the car.” The officer administered a field sobriety test which defendant was unable sufficiently to perform, particularly as to balance and full alphabet recital. Back-up was summoned, and defendant was arrested and Mimndized. At the Vineland Police [63]*63Station, two valid breathalyzer tests were administered at 3:21 a.m. and 3:29 a.m., producing blood-alcohol readings of .13% and .14% respectively.

The accuracy of the breathalyzer readings is not challenged on appeal. Rather, defendant argues that this case is unlike State v. Lizotte, supra note 1, 272 N.J.Super. 568, 640 A.2d 876, cited by the trial judge, because his drinking and operation of the motor vehicle were not “so closely intertwined that they constituted one event,” nor was there “an intimate association of ingestion of alcoholic beverages with the control of a potentially lethal device.” Id. at 572, 640 A.2d 876. He contends that the breathalyzer test taken in the police department reflects the alcohol in his system after he drank in the parking lot, and was not properly indicative of his level of intoxication at the time of operation or imminent operation of his vehicle because he decided not to drive himself home.

Defendant’s argument omits mention of critical facts. Moreover, it implicitly assumes that the judge was required to accept his unverifiable, uncorroborated, and highly unlikely tale of post-operation alcohol consumption before the police arrived. We accept neither the omission nor the assumption.

We note first that the State’s burden to show operation while under the influence of alcohol was easily established prima facie. As of the offense date, a defendant could be convicted under N.J.S.A 39:4-50(a) when a breathalyzer test administered within a reasonable time after the defendant was actually driving his vehicle revealed a blood-alcohol level of at least .10% at the time of testing, extrapolative evidence being inadmissible. State v. Tis-chio, 107 N.J. 504, 506, 527 A.2d 388 (1987).

There was certainly probable cause for the police to believe defendant had been operating his pick-up truck while under the influence. N.J.S.A. 39:4-50(a)(3) provides that

Whenever an operator of a motor vehicle has been involved in an accident resulting in ... property damage, a police officer shall consider that fact along with all other [64]*64facts and circumstances in determining whether there are reasonable grounds to believe that person was operating a motor vehicle in violation of this section.

Defendant had admitted to drinking during the previous three hours at the tavern, and was either unaware or unconcerned that he had backed into another ear with sufficient force to cause hood damage. He .was actually driving off when stopped by a bystander. Confronted with that situation, defendant says he was sufficiently concerned to call his wife to drive him home. When a police officer arrived at about 1:52 a.m., some fifteen or twenty minutes after defendant says he exited the tavern, defendant was unable to perform a sobriety field test. Moreover, he did not then mention to the officer that he had consumed more alcohol before the test, nor did defendant exhibit the bottle or present a witness who saw him go back to his truck to drink. Allowing for the seven or eight minutes fixed by defendant as the time he took to drive about after leaving the tavern and reparking after being informed of the accident, several more minutes for his conversation with the distraught owner of the damaged auto, and some additional time for the alleged call to his wife, only a few minutes at most could have elapsed between defendant’s alleged subsequent consumption of V 0 and the police officer’s arrival.

The breathalyzer readings were concededly accurate. We find no fault with the trial judge’s conclusion that their administration, which we calculate as about an hour and forty-five minutes after defendant reparked, and an hour and one-half after his arrest, was within a reasonable time as required by Tischio, 107 N.J. at 521, 527 A. 2d 388. See also State v. Samarel, 231 N.J.Super. 134,143, 555 A.2d 40 (App.Div.1989)(holding that three and one-half hours between time of defendant’s accident and his testing was reasonable).

N.J.S.A.

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Cite This Page — Counsel Stack

Bluebook (online)
766 A.2d 316, 337 N.J. Super. 59, 2001 N.J. Super. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-snyder-njsuperctappdiv-2001.