Bittner's Supplemental Report Examples

1. OPERATION OF THE VEHICLE:

Refer to Cpt. Bittner’s supplemental report for motor vehicle stop details.

2. ARRIVAL AT THE SCENE:

Upon my arrival at the scene, I observed Silver Chrysler 300, NJ registration W10CBM pulled over in the Exxon Gas station parking lot at the intersection of Delsea and Hurffville. I then spoke with Cpt. Bittner #5169 and he advised the driver had a strong odor of an alcoholic beverage emanating from his breath. The driver is now identified as John Francks. I asked John how much alcohol he drank this morning and he replied “none.” While observing John, he was extremely slow with his movements. It took several minutes to guide him over to my car so we could speak. When John did speak, his voice was not projecting
at all it was as he was whispering. John was standing straight but swaying and quite seldom had to lean over to and rest his hands on his knees. At this time, I advised John I was going to administer SFST’s since I do smell an odor of an alcoholic beverage emanating from his breath. John stated, “I’m not drunk and I wasn’t doing any test.” John was then advised he was under arrest for D.W.I.

I advised John to turn around and place his hands behind his back. The handcuffs were applied and ensured they were double locked along with checked for appropriate tightness. I then guided John to vehicle #526, where I searched him and the rear prisoner area for contraband with negative results. I then guided John into the vehicle where his seatbelt was applied and the doors subsequently locked.

ENROUTE TO THE STATION:

While enroute back to HQ, I could smell an overwhelming odor of an alcoholic beverage emanating from my rear seat. John also fell asleep and started to snore.

AT THE STATION:

Once at HQ, I parked in the allotted police parking in front of the Sally Port. I guided John out of my patrol vehicle and into the booking area where he was later processed. I started my twenty-minute observation and stayed with him to the time expired. I read him the NJ Attorney General’s Standard Statement Form for Motor Vehicle Operators and his Miranda Rights. John signed off on the Miranda form waiving his rights. When asking questions about what he had to drink and eat today, John advised, “I did a little heroin earlier.” John then agreed to provide samples of his breath for the purpose of chemical testing. I advised John again I was going to administer SFST’s which he agreed that he would be cooperative and do. The first test I conducted was the HGN TEST.
HGN TEST:

I advised John to stand with his feet together and hands down by his side.
I asked John is he had any medical problems with his eyes which he replied, “No.” I explained to him that I was going to use my pen as a stimulus and he needed to follow the pen with his eyes and eyes only. He stated he understood my instructions. When I moved my pen, John did not move his eyes or his head. John just continued to stare at me as if he did not understand what to do. John was advised again to follow my pen with his eyes. I observed a lack of smooth pursuit in both eyes. There was a distinct and sustained nystagmus at maximum deviation in both eyes. I also observed prior to forty-five (45) degrees in both eyes also. The next test I administered was the Walk and Turn. WALK AND TURN:

I first placed the accused in the starting position, right foot in front of the left, touching heel to toe, and with his arms down by his side. I advised the accused to remain in the starting position while I explained and demonstrated the test. The accused raised his arms from his side to try to regain his balance for the entire test. During the nine (9) steps back, on step nine (9) John lost his balance fell to his right. The next test I administered was the One Leg Stand.

ONE LEG
STAND:

I had John stand with his hands to his sides and his feet together as I explained and demonstrated the test. John was swaying in a counter-clockwise motion as I explained the test. After John advised he was ready to begin, he started and raised his leg less than two (2) inches off the ground. John at count six, one thousand, dropped his leg. John also raised his arms parallel to the ground to prevent him from falling over. I then terminated the test.

I then removed my portable radio and all electronics from my person. I also ensured that all electronics were removed from the accused. John was then guided over to the Alcotest Room where he was able to provide two (2) samples of his breath as instructed. Each time I was to ensure that the mouthpiece was changed and read the posted instructions to him which is located above the Alcotest machine. When the reading printed out to show his BAC, it advised a “Control Test Failed, Test Aborted.” The Alcotest machine also advised on its screen that a solution change was required. I then placed John back into handcuffs, placed him into my vehicle and transported him to Westville PD to use their Alcotest Machine.

When I arrived at Westville’s Police Department, I guided John back in their booking area. I restarted the twenty-minute observation. Once the time expired, John was able to provide two (2) good samples of his breath. The reported breath test result was a .08% BAC. I entered the results into the Pinizzotto Calculator which resulted in a “true reading.” John was then handcuffed and transported back to Deptford’s PD to finish the booking process. John was able to make contact with a friend who agreed to take custody of him. Michael Abed was advised of the Potential Liability form and signed off on it indicating he was taking responsibility of John. I released John at 14:10 hours.