Bartender Arrested for SECOND DWI After Falling Asleep in her Car
Around 8:45 PM on August 27, 2023, Patrolman Kevin Garrity with the Highland Park Police Department was alerted by pedestrians to a woman asleep behind the wheel of a 2011 Acura on Route 27 (Raritan Avenue) near the intersection with S Sixth Avenue. Headquarters dispatched a call that a driver was asleep behind the wheel, and he radioed headquarters to inform them that he was already on location with the vehicle. He activated his emergency lights to initiate a traffic stop made contact with the driver.
The driver, later identified as Brittany, awakened after a few minutes. Patrolman Sica opened the door on the other side to put the vehicle in park. Patrolman Garrity detected the odor of alcohol as he was speaking with her and he asked her how much she had to drink. She responded by saying “not too much.” Brittany told the officer that she was coming from Atlantic Highlands and admitted to having a “vodka club” before operating a motor vehicle. Based on the indicators of impairment, Brittany was asked to perform field sobriety exercises.
Patrolman Garrity started with the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Patrolman Garrity observed the lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. The second exercise was the Walk and Turn Test. During the Walk and Turn test, Brittany did not touch heel-to-toe on each step and turned improperly. The final exercise they attempted was the One Leg Stand test, and Brittany failed to raise her foot in the proper fashion and stared at the officer while counting instead of looking at her foot.
Based on her falling asleep behind the wheel of a motor vehicle, the odor of alcohol, her admission to consuming alcohol earlier, and her inability to complete the field sobriety exercises, Brittany was placed under arrest. After she was placed under arrest, her vehicle was impounded for a 12-hour hold according to John’s Law. Patrolman Garrity transported Brittany to the Highland Park Police Department for further processing. At the station, he read her the Standard Statement for Motor Vehicle Operators and she agreed to submit breath samples. Her Alcotest results indicated a BAC of 0.13%, which was more than the legal limit of 0.08%.
After they were finished processing Brittany, she was released to a sober adult pending her court appearance in the Highland Park Borough Court on September 13, 2023 after he signed the Potential Liability Warning on Brittany’s behalf. Patrolman Garrity issued Brittany the following citations: Operating under the influence, reckless driving, failure to wear seat belt, obstructing passage of other vehicles, no liability insurance on motor vehicle, failure to notify DMV of address change, and touring privileges
Court records indicate that on April 25, 2024, Brittany was found guilty of operating under the influence. As a result of being found guilty, she had to use an ignition interlock device for 3 months, spend 12 hours at an intoxicated driver resource center, and pay a total of $740 in fines. The other 6 citations were dismissed as part of a plea agreement.
Brittany had previously been arrested for DWI in East Brunswick, NJ on March 25, 2023. She was later ticketed for Careless Driving in Shrewsbury, New Jersey on November 7, 2023.
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