Woman Kicks Officer during DWI Arrest
253 هزار بار بازدید -
12 ماه پیش
-
Around 9:49 PM on December
Around 9:49 PM on December 18, 2022, officers from the Teaneck Police Department were called to the scene of a motor vehicle collision involving a 2022 Kia SUV and 2018 Dodge at the intersection of Queen Anne Road and Fort Lee Road. Teaneck Police Officer Donejia Somerville arrived on scene and she saw the Bogota Police Officers (neighboring town) Luciano and Hondros were already on scene. She was briefed on the situation by Officer Luciano and she proceeded to make contact with the driver who was struck by the other vehicle. After he declined further medical attention, she proceeded to make contact with 23-year-old Emily Mendez, who was the driver of the 2022 Kia.
Around this time, Officer Alexander LaVacca and Sergeant Jason Hosey also arrived on scene to assist. As Officer Somerville approached Emily, she noticed that Emily seemed irritable and she was unwilling to answer her questions. As she was questioning Emily, Officer Somerville detected the odor of alcohol and asked Emily if she had been drinking. Emily denied consuming alcohol in the hour prior, but refused to answer questions about where she was coming from.
Based on her suspicion of impairment, Officer Somerville offered her an opportunity to perform field sobriety exercises. The first exercise was the Walk and Turn test. During the Walk and Turn test, Emily failed to walk heel-to-toe and did not count her steps out loud. The second exercise was the One Leg Stand test, and Emily did not raise her foot in the proper fashion while failing to count aloud as she had been instructed.
Based on the traffic accident, the odor of alcohol on her person, and her inability to adequately complete the field sobriety exercises, Officer Somerville placed Emily under arrest for driving under the influence. As she was being arrested, she became combative with Officer LaVacca and assaulted Officer Somerville by kicking her in the shin with her right leg. Her vehicle was searched by Sergeant Hosey but he did not find any open containers of alcohol. Officer Somerville subsequently transported Emily to Teaneck Police Headquarters for initial processing.
At police HQ, Emily was uncooperative and refused to answer questions. Officer Somerville also read her the Standard Statement for Motor Vehicle Operators, but Emily refused to submit breath samples for testing. Officer Andino-Doran entered the refusal into the Alcotest machine. After Emily was processed, she was released to her sister after she signed the Potential Liability Warning form on her behalf.
Emily was issued the following summonses: Operating under the influence, refusal to submit to chemical test, and reckless driving. She was also charged with Simple Assault under N.J.S.A 2C:12-1A(1). Court records indicate that on April 27, 2023, Emily pleaded guilty to operating under the influence and refusal to submit to chemical test. She was fined $640 for operating under the influence and $690 for refusal to submit to chemical test. She was also ordered to spend 12 hours at an intoxicated driver resource center and use an ignition interlock device for 3 months. The other citation for reckless driving and the assault charge were dismissed as part of the plea agreement.
---------------------------------------------------------------
Please LIKE, SUBSCRIBE, and consider supporting this channel (email us for more information). Donations will be used to acquire more public footage related to law enforcement activities.
Our content is educational and in compliance with YouTube's Fair Use Policy because we edit several long clips into a concise story. This is similar to other law enforcement channels on YouTube. All videos and case documents were obtained pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404). Defendants are considered innocent until proven guilty.
The New Jersey Supreme Court has previously affirmed in Salzano v. North Jersey Media Group, 993 A.2d 778 (2010) that “The fair-report privilege reflects the judgment that the need, in a self-governing society, for free-flowing information about matters of public interest outweighs concerns over the uncompensated injury to a person's reputation.” This video advances a compelling public interest. The summary of events was based on records that are “open to public view through open access to public records” as defined in the Salzano case. In Ramos v. Flowers, 429 N.J. Super. 13, the Appellate Division of the Superior Court has also affirmed the right to film law enforcement interactions.
Around this time, Officer Alexander LaVacca and Sergeant Jason Hosey also arrived on scene to assist. As Officer Somerville approached Emily, she noticed that Emily seemed irritable and she was unwilling to answer her questions. As she was questioning Emily, Officer Somerville detected the odor of alcohol and asked Emily if she had been drinking. Emily denied consuming alcohol in the hour prior, but refused to answer questions about where she was coming from.
Based on her suspicion of impairment, Officer Somerville offered her an opportunity to perform field sobriety exercises. The first exercise was the Walk and Turn test. During the Walk and Turn test, Emily failed to walk heel-to-toe and did not count her steps out loud. The second exercise was the One Leg Stand test, and Emily did not raise her foot in the proper fashion while failing to count aloud as she had been instructed.
Based on the traffic accident, the odor of alcohol on her person, and her inability to adequately complete the field sobriety exercises, Officer Somerville placed Emily under arrest for driving under the influence. As she was being arrested, she became combative with Officer LaVacca and assaulted Officer Somerville by kicking her in the shin with her right leg. Her vehicle was searched by Sergeant Hosey but he did not find any open containers of alcohol. Officer Somerville subsequently transported Emily to Teaneck Police Headquarters for initial processing.
At police HQ, Emily was uncooperative and refused to answer questions. Officer Somerville also read her the Standard Statement for Motor Vehicle Operators, but Emily refused to submit breath samples for testing. Officer Andino-Doran entered the refusal into the Alcotest machine. After Emily was processed, she was released to her sister after she signed the Potential Liability Warning form on her behalf.
Emily was issued the following summonses: Operating under the influence, refusal to submit to chemical test, and reckless driving. She was also charged with Simple Assault under N.J.S.A 2C:12-1A(1). Court records indicate that on April 27, 2023, Emily pleaded guilty to operating under the influence and refusal to submit to chemical test. She was fined $640 for operating under the influence and $690 for refusal to submit to chemical test. She was also ordered to spend 12 hours at an intoxicated driver resource center and use an ignition interlock device for 3 months. The other citation for reckless driving and the assault charge were dismissed as part of the plea agreement.
---------------------------------------------------------------
Please LIKE, SUBSCRIBE, and consider supporting this channel (email us for more information). Donations will be used to acquire more public footage related to law enforcement activities.
Our content is educational and in compliance with YouTube's Fair Use Policy because we edit several long clips into a concise story. This is similar to other law enforcement channels on YouTube. All videos and case documents were obtained pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404). Defendants are considered innocent until proven guilty.
The New Jersey Supreme Court has previously affirmed in Salzano v. North Jersey Media Group, 993 A.2d 778 (2010) that “The fair-report privilege reflects the judgment that the need, in a self-governing society, for free-flowing information about matters of public interest outweighs concerns over the uncompensated injury to a person's reputation.” This video advances a compelling public interest. The summary of events was based on records that are “open to public view through open access to public records” as defined in the Salzano case. In Ramos v. Flowers, 429 N.J. Super. 13, the Appellate Division of the Superior Court has also affirmed the right to film law enforcement interactions.
12 ماه پیش
در تاریخ 1402/05/25 منتشر شده
است.
253,081
بـار بازدید شده