SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
A-7281-95T1
STATE OF NEW JERSEY,
Plaintiff-Appellant,
v.
GREGORY A. WASHINGTON,
Defendant-Respondent.
_________________________________________________________________
Submitted December 3, 1996 - Decided January
23, 1997
Before Judges Muir, Jr., Kleiner, and Coburn.
On appeal from the Superior Court of New
Jersey, Law Division, Salem County.
Ronald A. Epstein, Salem County Prosecutor,
attorney for appellant (Gregory G. Waterston,
Assistant Prosecutor, on the brief).
Mazzoni, Marcolongo & Hughes, attorneys for
respondent (Lee J. Hughes, on the brief).
The opinion of the court was delivered by
MUIR, JR., J.A.D.
The State appeals from an order suppressing two breathalyzer
readings of .29 and .28 that resulted from samples given by
defendant after his arrest for driving while under the influence of
intoxicating beverages (DWI). N.J.S.A. 39:4-50.1. The appeal's
focus is on whether the officer's stop of defendant's automobile
was objectively reasonable based on his community caretaking
function. The Municipal Court judge found the officer's testimony
credible and denied the motion to suppress. On de novo appeal, a
Superior Court judge, making the same fact findings and giving
deference to the Municipal Court judge's credibility rulings,
granted the motion to suppress. The Superior Court judge concluded
there was "not sufficient evidence to give the officer a basis to
stop the vehicle." We now reverse.
The evidence relied upon by both judges discloses that on
April 17, 1995, around 12:20 a.m., the arresting officer was
operating his radar from a stationary position in a 45 mile per
hour business zone in Pennsville Township when he observed an
automobile driven by defendant "weaving within his lane of travel."
The radar clocked the automobile at 36 miles per hour. Given the
slow speed and the weaving, the officer pulled out and followed
defendant. During the next quarter to one-half mile, defendant
maintained the slow speed and continued weaving. At one point, the
right tires of defendant's automobile crossed over from the travel
portion onto the shoulder portion of the roadway about a "tire's
width." The officer activated his overhead lights. Defendant
"continue[d] to . . . either come to a slow stop or he continued to
travel for a short period." The officer subsequently arrested
defendant on a DWI charge.
The Superior Court judge concluded that weaving in the same
lane of travel at a speed 9 miles per hour below the limit
evidenced no violation of the law and, therefore, the officer had
no reasonably objective basis to stop defendant's car. We
disagree.
Police officers have a community caretaking function. That
function has its source in the ubiquity of the automobile and the
dynamic, differential situations police officers are confronted
with to promote driver safety. See State v. Rodriguez-Morales,
929 F.2d 780, 784-86 (1st Cir. 1991), cert. denied,
502 U.S. 1030,
112 S. Ct. 868,
116 L. Ed.2d 774 (1992). It finds support in the
premise that abnormal operation of a motor vehicle establishes a
reasonably objective basis to justify a motor vehicle stop. See
State v. Martinez,
260 N.J. Super. 75, 78 (App. Div. 1992). What
is reasonably objective is measured by the dynamics or totality of
the circumstances from the perspective of the officer on duty at
the time and not from the esoteric perspective of the courtroom.
See United States v. Cortez,
449 U.S. 411, 418,
101 S. Ct. 690,
695,
66 L. Ed.2d 621, 629 (1981). Applying the former
perspective, we are satisfied the officer had a reasonably
objective basis to stop defendant's automobile.
Fundamental logic dictates that an officer has a reasonably
objective basis to stop a motor vehicle weaving down a roadway in
the manner here. This is true whether or not the driver stays in
his or her lane of travel. Even while maintaining one's lane of
travel, a driver that weaves a car down a highway, as defendant
did, engenders reasonable grounds to conclude that the vehicle is
a potential safety hazard to other vehicles and that there is
either something wrong with the driver, with the car, or both. See
Martinez, supra, 260 N.J. Super. at 78. If on-duty police officers
are to fulfill their responsibility to promote safety for the
traveling public, intervention is mandated in such circumstances.
That defendant stayed in his lane of travel did not extinguish
a community caretaking function. Driving in a manner that could
lead to crossing the center line at an inopportune time, a time
when another oncoming vehicle is about to pass, is a controlling
consideration. Moreover, when the weaving is combined with the
unconventionally slow speed, there is more than a reasonably
objective basis to conclude defendant's ability to drive was
impaired, justifying the stop.
In sum, we conclude the manner of defendant's driving on the
night in question provided the officer with a reasonably objective
basis for stopping the car. Consequently, the order under appeal
was improvidently entered.
Reversed.