Wrong-Way Driver Arrested for DWI in Hoboken

Around 1:36 AM on December 3, 2022, Officers Cynthia Rivera and Andrias Bonilla of the Hoboken Police Department were on patrol and they observed a 2020 Honda Civic driving south on River Street from Newark Street. The vehicle was going in the wrong direction on a one-way street. The vehicle turned onto Hudson Street westbound, against the one-way eastbound traffic. Officer Bonilla activated the emergency lights and initiated a traffic stop. The driver, 22-year-old Nicole Giraldo, seemed unaware why she was being stopped when the officer questioned her. She initially told Officer Bonilla that she was headed home, then told him that she was headed to Birch to retriever her driver’s license, and finally she told him that she had picked up her friends at Fat Taco.

Officer Bonilla noticed that Nicole’s speech was slurred and her eyes were watery and bloodshot, but she denied consuming any alcohol. He informed Officer Rivera that she was probably impaired, and Officer Anthony Rutkowski responded to the scene to administer field sobriety exercises. Officer Rivera instructed Nicole to exit the vehicle, and Officer Rutkowski proceeded with the field sobriety exercises.

The first exercise involved the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Officer Rutkowski noticed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees in both eyes. The second exercise was the Walk and Turn test, and Nicole displayed a lack of balance. When she began the exercise, she walked 11 non heel-to-toe steps forward and 10 non heel-to-toe steps backward, and she did not count out loud as instructed. The final exercise was the One Leg Stand test, and Nicole did not raise her foot in the proper fashion while swaying her arms for balance.

Based on her erratic driving patterns, inconsistent statements, and her inability to adequately complete the field sobriety exercises, Officer Rivera placed Nicole under arrest for driving under the influence. Officers Rutkowski and Rivera escorted her to the patrol car, while Officer Bonilla remained at the scene and told the other passengers in her vehicle to call an Uber because Nicole had been arrested.

Nicole was transported by Officers Rutkowski and Rivera to Hoboken Police Headquarters. Once at police HQ, she was searched by Officer Rivera again and handcuffed to the bench. Officer Rutkowski read Nicole the Standard Statement for Motor Vehicle Operators, and she agreed to provide breath samples. Since the Alcotest machine in Hoboken was not functional, they had to transport her to the nearby Weehawken Police Department to administer the breathalyzer test.

Once she was at the Weehawken Police Department, Nicole agreed to answer questions during the 20-minute observation period. She admitted to drinking margaritas at Fat Taco earlier. After the 20-minute observation period, Nicole submitted breath samples, and the results indicated a BAC of 0.18%, which is more than double the legal limit of 0.08%. After Nicole was processed, she was released to a sober individual after he signed the Potential Liability Warning form on her behalf. Officer Rivera issued Nicole the following summonses: Operating under the influence, reckless driving, and driving the wrong way on a one-way street.

Court records indicate that on March 29, 2023, Nicole was found guilty of operating under the influence and fined a total of $690. Her license was revoked for 12 months and she had to complete 12 hours at an intoxicated driver resource center. The other 2 citations were dismissed as part of the plea agreement.
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