State v. Gibson, A-5163-10T2; Appellate Division; opinion by Ostrer, J.A.D.; decided and approved for publication February 7, 2013. Before Judges Alvarez, Nugent and Ostrer. On appeal from the Law Division, Camden County, Municipal Appeal No. 50-10. DDS No. 14-2-xxxx [18 pp.]
Defendant Bruno Gibson asserted that police lacked reasonable suspicion to stop his motor vehicle and probable cause to arrest him for driving while under the influence (DUI), N.J.S.A. 39:4-50. At the suppression hearing, Winslow Township Police Officer Carl Mueller testified he stopped Gibson shortly after 4 a.m. after defendant passed his police vehicle at a high rate of speed and failed to use his turn signal; that he detected an alcoholic beverage odor; and that defendant admitted he had been drinking. Mueller said defendant performed poorly on two field sobriety tests, the one-legged stand and the walk-and-turn test, and resisted arrest.
