Refer to Cpt. Bittner’s supplemental report for motor vehicle stop details.
2. ARRIVAL AT THE SCENE:
Upon my arrival at the scene, I observed Silver Chrysler 300, NJ registration W10CBM pulled over in the Exxon Gas station parking lot at the intersection of Delsea and Hurffville. I then spoke with Cpt. Bittner #5169 and he advised the driver had a strong odor of an alcoholic beverage emanating from his breath. The driver is now identified as John Francks. I asked John how much alcohol he drank this morning and he replied “none.” While observing John, he was extremely slow with his movements. It took several minutes to guide him over to my car so we could speak. When John did speak, his voice was not projecting …show more content…
I asked John is he had any medical problems with his eyes which he replied, “No.” I explained to him that I was going to use my pen as a stimulus and he needed to follow the pen with his eyes and eyes only. He stated he understood my instructions. When I moved my pen, John did not move his eyes or his head. John just continued to stare at me as if he did not understand what to do. John was advised again to follow my pen with his eyes. I observed a lack of smooth pursuit in both eyes. There was a distinct and sustained nystagmus at maximum deviation in both eyes. I also observed prior to forty-five (45) degrees in both eyes also. The next test I administered was the Walk and Turn. WALK AND TURN:
I first placed the accused in the starting position, right foot in front of the left, touching heel to toe, and with his arms down by his side. I advised the accused to remain in the starting position while I explained and demonstrated the test. The accused raised his arms from his side to try to regain his balance for the entire test. During the nine (9) steps back, on step nine (9) John lost his balance fell to his right. The next test I administered was the One Leg Stand.
ONE LEG