On appeal from Superior Court of New Jersey, Law Division, Burlington County, Municipal Appeal No. 75-10.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Graves and Koblitz.
Defendant Matt Meenan was charged with driving while intoxicated (DWI), N.J.S.A. 39:4-50; careless driving, N.J.S.A. 39:4-97; and failure to signal, N.J.S.A. 39:4-126, on April 30, 2010. Following a trial, defendant was convicted of DWI. The municipal court judge suspended defendant's driver's license for ninety days, required him to complete twelve hours at an intoxicated driver resource center, and it imposed appropriate monetary penalties. The other charges were dismissed. On appeal, the Law Division imposed the same sentence. We affirm.*fn1
The arresting officer, State Trooper Nathan Nabinger, was the only witness to testify at defendant's trial in the Mansfield Township Municipal Court. Nabinger testified he had just completed a stop at approximately 10:30 p.m. on April 30, 2010, and he was still parked on the northbound shoulder of the New Jersey Turnpike when he first observed defendant's vehicle traveling in the right lane. According to Nabinger, the vehicle crossed over the fog lane by approximately six inches, and it came very close to his patrol car. Nabinger testified he followed defendant's vehicle for approximately four miles. During that time, he noted "the vehicle was going back and forth within the right lane between the fog lane and the white lane dividers." He also observed the vehicle change lanes to pass a tractor trailer without signaling.
At that point, Nabinger activated his overhead lights and initiated a stop. Upon approaching defendant's vehicle, Nabinger observed defendant's "eyes were sagging, they were bloodshot, and [defendant's] face had a sleepy appearance." Nabinger testified he "smelled a strong odor of either air freshener or cologne" coming from the car. When Nabinger asked defendant if he had consumed any alcoholic beverages, defendant stated he had "[t]wo beers."
After defendant produced his license and registration, Nabinger told him "to turn the vehicle off, but to keep his headlights on for the purpose of field sobriety tests." According to Nabinger, defendant "appeared a little confused" and immediately turned his headlights off. Nabinger then instructed defendant to turn his headlights on and to walk to the front of his vehicle. Nabinger testified defendant "put his hand on the hood and kind of leaned against his car" as he proceeded to the front of the vehicle.
Nabinger stated he detected an odor of an alcoholic beverage on defendant's breath as he explained the field sobriety tests to defendant. After Nabinger demonstrated the walk-and-turn test, defendant stated: "I can't do that. . . . I'm going to be honest with you. I had some things to drink. I shouldn't have drove but I did." Nevertheless, defendant attempted to complete the test. Nabinger described his performance as follows:
He . . . began to walk along the imaginary straight line. He was looking down, counting with each step. His first step was heel-to-toe. All other steps beyond that were not heel-to-toe. It was a matter of, you know, three or four inches or so between . . . each step beyond that. A couple of the steps, he stepped off the imaginary line. I believe it was . . . two of his steps. He's stepping to the side, you know, as an effort to maintain his balance. After he got to step number nine . . . he took one final step and began to rotate his body to turn and as he was doing that he wobbled. It appeared to me that he was losing his balance and at that point I grabbed onto Mr. Meenan.
At that point, Nabinger concluded defendant was "under the influence." Nabinger did not ask defendant to perform any additional field sobriety tests because he did not "know exactly what [defendant] may or may not do," and there was "a fair amount of traffic on the road." Accordingly, defendant was arrested for DWI and transported to the Moorestown State Police barracks.
At the barracks, Nabinger read defendant his Miranda*fn2 warnings, and defendant agreed to answer some questions. In response to Nabinger's questions, defendant said he had four alcoholic drinks between 7:45 p.m. and 9:30 p.m. that evening.
In the Law Division, defendant argued the State failed to prove Trooper Nabinger was qualified to administer field sobriety tests, the trooper never demonstrated to defendant how to do the walk and turn test, and the test was conducted on "uneven ground." The Law Division rejected defendant's arguments, reasoning as follows:
[T]his is a man unfortunately that I find beyond a reasonable doubt had too much to drink before operating his motor vehicle. He admitted that he probably shouldn't have ...