Around 12:55 PM on July 5, 2023, Officer Nicola Costagliola with the Neptune Township Police Department was conducting patrol in plain clothes in the area of 10th Avenue and Atkins Avenue. He observed a 2005 Nissan being driven erratically. As they began following the vehicle, the driver accelerated at a high rate of speed causing the tires to screech. After the driver made a wide turn onto 7th Avenue, Sergeant Letsch activated his emergency lights to initiate a traffic stop. Officer Costagliola made contact with the driver, who was identified as Marcie. As he was speaking with Marcie, he detected the odor of alcohol and observed other indicators of impairment. Based on the officers’ suspicion of impairment, Marcie was asked to exit the vehicle and perform field sobriety exercises.
The first field sobriety was the Horizontal Gaze Nystagmus (HGN) test, but Marcie did not cooperate during the administration of this test. The second exercise was the Walk and Turn test. During the Walk and Turn test, Marcie failed to touch heel-to-toe on each step and turned improperly. The last exercise was the One Leg Stand test, and Marcie failed to raise her foot in the proper fashion while putting her foot down before the test was complete.
Based on her erratic driving, the odor of alcohol, and her inability to satisfactorily complete the field sobriety exercises, Officer Costagliola placed Marcie under arrest for driving under the influence. Her vehicle was impounded for a 12-hour hold according to John’s Law. A search of her vehicle incident to arrest would later yield the presence of an open container with an alcoholic beverage inside. Officer Benites arrived on scene to conduct a search and transported Marcie to the Neptune Township Police Department for further processing.
Marcie was read the Standard Statement for Motor Vehicle Operators at the station, and she initially agreed to submit breath samples. However, she refused to cooperate during the administration of the Alcotest and she was ultimately charged with a refusal. After the officers finished processing her, Marcie was eventually transported to Jersey Shore University Medical Center for further evaluation. Officer Costagliola issued Marcie the following citations: Operating under the influence, refusal to submit to chemical test, reckless driving, traffic on marked lanes, failure to wear seatbelt, and open container
Court records indicate that Marcie was previously arrested for DWI in Millstone Township, New Jersey on April 19, 2015.
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