On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, A-25-07.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Lintner and Graves.
Defendant, Timothy Meadows, was charged in Franklin Township, Gloucester County, with driving while intoxicated (DWI), N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-97; and failure to exhibit on request, license, registration, and insurance information, N.J.S.A. 39:3-29. Defendant filed a motion to suppress, asserting the stop was improper. After a hearing, the municipal court judge denied the motion. Defendant then entered a guilty plea to DWI, reserving his right to appeal the denial of his suppression motion. The reckless driving and document offenses were dismissed. Defendant's driving privileges were suspended for seven months and statutory penalties and costs were imposed totaling $664. The license suspension was stayed pending appeal.
On August 17, 2007, Judge Marshall conducted a trial de novo, during which he heard argument of counsel, and was provided with a DVD video taken by the arresting officer.*fn1 On August 27, 2007, after viewing the DVD, Judge Marshall issued a letter opinion finding the stop "constitutionally permissible." On appeal, defendant raises the following points:
I. THE COURT IMPROPERLY RELIED UPON THE "COMMUNITY CARE TAKING FUNCTION" OF AN OFFICER TO CONDUCT A MOTOR VEHICLE STOP BASED ON ARTICULABLE SUSPICION THAT ANY CRIMINAL ACTIVITY WAS AFOOT.
II. IN ORDER FOR AN OFFICER TO CONDUCT A MOTOR VEHICLE STOP THE OFFICER IS REQUIRED TO HAVE AN ARTICULABLE AND REASONABLE SUSPICION THAT THERE HAS BEEN A MOTOR VEHICLE INFRACTION.
A. THE OFFICER MUST OBJECTIVELY POSSESS AN ARTICULABLE SUSPICION THAT MEADOWS HAD COMMITTED A MOTOR VEHICLE OFFENSE AND AS A RESULT HE WAS JUSTIFIED TO CONDUCT A MOTOR VEHICLE STOP.
B. NO MOTOR VEHICLE VIOLATIONS TOOK PLACE IN THIS MATTER TO ESTABLISH ANY ARTICULABLE SUSPICION ALLOWING THE OFFICER IN THIS CASE TO CONDUCT A MOTOR VEHICLE STOP OF THE DEFENDANT.
We reject defendant's contentions and affirm.
The essential facts that gave rise to the stop are as follows. On January 30, 1998, at approximately 2:19 a.m., Police Officer James Reilly, while working the "DWI patrol shift," observed defendant operating his vehicle in the opposite direction on Williamstown Road. After observing what he described as a "wide left turn" from Williamstown Road onto Coles Mill Road, Reilly proceeded to follow defendant. As he followed defendant on Coles Mill Road, Reilly saw defendant's vehicle ride on the center line and go back to the middle of the roadway on two occasions. He also observed defendant's right blinker light come on while defendant was negotiating a bend in the road at which time defendant's vehicle momentarily crossed the center line of the roadway into the opposite lane. Reilly turned on his emergency lights to effect a stop. Defendant was slow to pull over.
Concluding that the evidence in the record was sufficient to establish a reasonable and articulable suspicion to effectuate the stop, Judge Marshall made the following observations:
The [c]court finds that the recording of the defendant driving his SUV that evening showed that, after making a left turn onto Coles Mill Road, in Franklin Township, Gloucester County, his vehicle was weaving within the lane of travel; was riding with its turn signal on at a point in the road where there was no right turn, only a bend in the road; and was at least on the center line and the right line of the roadway on a couple of occasions and may also have been over those lines on a couple of occasions. The officer testified that the defendant made a wide turn onto ...