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Post by WaTcHeR on Jun 16, 2006 13:25:38 GMT -5
06.16.2006 - EGG HARBOR CITY β A motion to throw out the results of a Breathalyzer test in the case of a police officer arrested on DWI charges was denied Wednesday.
Sgt. Richard Arose, a Little Egg Harbor Township police officer, was arrested April 4 on charges of drunken driving on Route 30. His attorney, Michael Speck, filed a motion to suppress the results of the test, claiming that the arresting officer, Cpl. Charles Baldi, did not have probable cause to arrest Arose.
Speck argued that the characteristics of slurred speech, bloodshot eyes, a flushed face and the smell of alcohol that Baldi observed could be that of someone who is not under the influence of alcohol.
βCan you arrest me because I have a flushed face right now? I don't buy those characteristics,β Speck said in court.
In his ruling, Judge Henry Broome said that Baldi's observations of Arose with those characteristics on three separate occasions, along with Arose's decision to ignore two orders from Baldi not to drive after Arose was brought to the police station, were the deciding factors.
The hearing to suppress the motion began May 31 but was adjourned by Broome due to another scheduled court appearance for Speck. After the motion was dismissed, Broome adjourned the pending trial due to another engagement for Speck.
A date for the trial has not yet been set.
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