A 90-year-old Clifton man has been arrested after being seen driving the wrong way on Rt. 46. Police received a report about the vehicle, which they later found parked at a gas station that was closed for the night.
The driver was inside the vehicle, and after questioning, the police believed he might be intoxicated.
They administered a series of field sobriety tests, and subsequently arrested the man on suspicion of drunk driving.
At the station, an Alcotest was administered and the man was formally charged with DWI and reckless driving.
But one wonders how this will all ultimately play out in court if the gentleman chooses to contest the charges.
Based on the man’s age, evidence that police would typically use to develop a basis to suspect drunkenness might be in doubt.
A 90-year-old displaying slurred speech, red eyes, or incoherent responses to questions may simply be displaying signs of age.
Older people often have health problems and medications that can impair their ability to speak clearly.
A senior citizen who is hard of hearing may not be able to answer police questions the way the police expect they should.
The Alcotest evidence is also potentially suspect in this case.
Many senior citizens are unable to provide a breath sample large enough to provide clear evidence either way, while the police have an obvious incentive to use evidence that supports their case, even if it could be challenged.
Winning a DWI case in New Jersey isn’t easy, but almost every case has clear areas of controversy from which a strong defense can be launched.
Matthew Reisig has helped more than 1,040 New Jersey drivers avoid conviction on DWI charges.
Call 732-625-9660 today for a free consultation.
