State v. Rodriguez-Alejo, A-0815-09T3; Appellate Division; opinion by Koblitz, J.S.C. (temporarily assigned); decided and approved for publication March 25, 2011. Before Judges Payne, Baxter and Koblitz. On appeal from the Law Division, Monmouth County, Municipal Appeal No. 09-027. [Sat below: Judge Perri.] DDS No. 14-2-1465 [17 pp.]
Defendant Ramon Rodriguez-Alejo was charged with, inter alia, driving while intoxicated and refusal to submit to a breath test after his vehicle struck a tree. Police observed that his eyes were watery and bloodshot with droopy eyelids. He smelled of alcohol and stood with his legs apart and leaned on the car to keep his balance. Defendant was able to answer basic questions posed in English to complete an arrest report at the police station.
