Around 11:05 PM on February 11, 2024, Patrolman Erik Macarico with the Hopatcong Police Department observed the driver of a white 2017 BMW cross over the white fog line into the shoulder while driving southbound on Lakeside Boulevard. As he began following the vehicle, he noticed that the vehicle was failing to stay within the lane. He initiated a traffic stop across the town line in Roxbury Township. After the vehicle pulled over, he instructed the driver to head into the parking lot in front of the Liquor Factory store. Patrolman Macarico then made contact with the driver to ask for her documents, and she was identified as 21-year-old Liana.
Liana told Patrolman Macarico that she was coming from a Super Bowl party and that she was headed home. As he was speaking with Liana, he detected the odor of alcohol and observed other indicators of impairment. When she was asked how much she had to drink, Liana told him that she had one beer earlier that evening. She would later admit to another officer following the field sobriety exercises that she had consumed more than that. Based on his suspicion of impairment, Liana was asked to exit the vehicle and perform field sobriety exercises.
The first exercise was the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Patrolman Macarico observed the lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. He also observed vertical nystagmus in both eyes. The second exercise was the Walk and Turn test. During the Walk and Turn test, Liana failed to touch heel-to-toe on each step and took an incorrect number of steps. The final exercise was the One Leg Stand test, and Liana failed to raise her foot in the proper fashion and displayed a lack of balance.
Based on her erratic driving, the odor of alcohol, her admission to consuming alcohol before driving, and her inability to adequately complete the field sobriety exercises, Patrolman Macarico placed Liana under arrest for driving under the influence. Her vehicle was impounded by J.C. & Daughters Towing for a mandatory 12-hour hold under John’s Law. She was transported to the Hopatcong Police Department for further processing.
At the Hopatcong Police Department, Liana was read the Standard Statement for Motor Vehicle Operators and agreed to submit breath samples for testing. Her Alcotest results indicated a BAC of 0.18%, which was more than double the legal limit of 0.08%. After the officers were finished with their paperwork, Liana eventually released to her aunt after she signed the Potential Liability Warning Form on Liana’s behalf. She was issued the following summonses: Operating under the influence, reckless driving, and traffic on marked lanes
Court records indicate that on June 19, 2024, Liana was found guilty of operating under the influence. As a result of being found guilty, Liana had to use an ignition interlock device for 10 months, spend 12 hours at an intoxicated driver resource center, and pay a total of $690 in fines. The other 2 citations were dismissed as part of a plea agreement.
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