July 7, 2011 — Driving under the influence of alcohol

Dear William (and Daniel, Catherine, Michael & Baby Girl Y) (and your parents), (and any future descendants and their parents),

Yesterday I represented in court a person accused of (and, who later admitted to) driving under the influence of alcohol.

This is what the Police Incident Report contained (names and locations have been changed for privacy reasons):

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Linden Dispatch received a Anonymous Call via a Cell Phone, stating a White Male driver struck the guardrail/curb on Rt 268 Westbound, near the bend which runs parallel with E. Edmond Rd. The same driver / vehicle, a 2008 Toyota, 4 Door, Silver, bearing NJ Registration xxxxxx, continued west on RT 268, swerving left to right, and not making any attempts to stop. Linden Dispatch received further information of the suspect vehicle making a left onto Woodward Ave from E. Edmond Rd.

I observed the same vehicle, making a left onto Cleo Street from W. 15th Street. The vehicle appeared to have heavy front-end damage and smoke coming from the front passenger wheel well. The vehicle turned right onto W. 17th Street, where the front passenger tire came off the rim, rolling to a stop on the front lawn of 19 W. 17th Street. My emergency lights and siren were activated, as I attempted to stop the vehicle. The driver drove approximately 200 more feet without a front tire, before pulling to the right and stopping.

I approached the driver’s door and the driver turned towards me and smiled. As I was next to the driver’s door, the driver, later identified as Ed Smith, began to drive forward. I ordered the driver to stop, which he did after moving a few feet forward. I reached inside the vehicle, unlocking the door, then immediately open the driver’s door. I controlled the driver’s left hand / arm, ordering him to put the vehicle in park with his right hand and to step out from the vehicle. As Mr. Smith exited the vehicle, his face was flush Red, and had a strong odor of Alcoholic Beverages coming from his breath / body. p/a J. Jones and I, arrested Mr. Smith for Driving While Intoxicated without further incident. Mr. Smith was transported to Linden Police Headquarters for processing.

Inside the DWI Room, I conducted a 20 minute Observation of Ed, noticing Mr. Smith not to regurgitate, burp, or ingest anything during that period. After the Observation was completed, P/O James performed the AlcoTest on Mr. Smith. See P/O James’s report for details.

A warrant check on Ed had negative results. The 2008 Toyota was towed by Magi’s Towing, under Tow #999. The vehicle had heavy front-end damage and missing a front tire. Nothing of value was left inside the vehicle. Mr. Smith was issued the following Motor Vehicle Summons:

DWI – # 2009-E13-099999
Expired DL – # 2009-E13-099998
Reckless Driving – # 2009-E13-099997
Leaving the Scene of a Accident – # 2009-E13-099996
Failure to Report Accident – # 2009-E13-099995

Mr. Smith was giving a required court appearance on 06/15/2011, at 1730 hours. Ed was released to the responsibility of his friend, Jerry Papas. John’s Law Form filed.

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It always pains me to meet people who suffer the consequences of drinking and driving — sometimes, it is just a minor accident, but sometimes it is a very serious accident, with horrible burn injuries, and even death to innocent people, including children. What a horrible thing to have on your conscience.

In my time, I took care of persons who drunk too much, and then were throwing up until their guts hurt. It is not a pleasant thing to experience.

I have no moral objection to alcohol; BUT, I do have an objection to drinking too much.

How much is too much — if your judgment and ability to control your body has been impaired, even slightly, then you had too much.

I hope that it never happens to you — but, if you ever have too much, DO NOT DRIVE — walk; take a taxi; have a friend drive you; call your family; but, DO NOT DRIVE!

Love,

Dziadziuś Paweł.

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