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State of New Jersey v. Michael Gleason

August 31, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MICHAEL GLEASON, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Union County, Municipal Appeal No. 5897.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued October 12, 2010

Before Judges Rodriguez, Miniman and LeWinn.

Defendant Michael Gleason was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, first in the Scotch Plains Municipal Court, and again following a trial de novo in the Law Division. We affirm.

On February 23, 2006 at 2:08 a.m., Scotch Plains Police Patrolman Edward J. Budzinski received a radio dispatch, which he described in the following testimony:

[PROSECUTOR]: And can you explain what happened at around two o'clock on the morning of February 23rd? [BUDZINSKI]: Sure. I received a call over the radio from dispatch that a beige colored Chevy Blazer was in Mountainside. It stopped and asked somebody for directions. The person that he had stopped and asked for directions, then in turn called Mountainside Police Headquarters, notified that the man was possibly intoxicated.

Mountainside relayed the call to us, have a beige Chevy Blazer traveling 22 westbound. That it had asked directions to Route 78, and was possibly intoxicated.

Q. Now at the time you received this dispatch, where were you located?

A. I was Route 22 eastbound.

Q. Do you know where approximately?

A. About Terrill Road.

Q. As a result of receiving that call, did you take any action?

A. Yes. I -- I started heading up towards Park Avenue.

Q. And that would be on 22?

A. Correct.

Q. Still traveling east?

A. Eastbound.

Q. And did anything occur while you were traveling the eastbound lane?

A. As I was about to make a right onto Park Avenue, I observed a vehicle in question ...


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