P. O. Emmons V. Black Pontiac G8

1. OPERATION OF THE VEHICLE:

Refer to P/O Emmons supplemental report for details.

2. ARRIVAL AT SCENE:

Upon my arrival on the scene, I observed a black Pontiac G8, bearing NJ registration N55HMP pulled over the right side of the road. The driver was outside of the vehicle leaning on his car for support as I made my initial approach. I then spoke with P.O. Emmons #5241 who advised she pulled of the driver now identified as Michael J. Topppi (accused) for swerving. P.O. Emmons advised she removed Michael from the vehicle after smelling an odor of an alcoholic beverage emanating from the interior of the vehicle. P.O. Emmons stated once Michael was outside of the vehicle, he fell two (2) times on the ground and had an extremely difficult time
I advised him to remain in that position until I told him otherwise, which he advised he understood. I began to check for lack of smooth pursuit when Michael fell out of the starting position to his left. After Michael was back in the starting position, I continued to check for a lack of smooth pursuit. I moved my pen with one smooth pass across his face and observed his eyes were able to track equally. I continued to move the stimulus across his face and observed nystagmus as he followed. There was a distinct and sustained nystagmus at maximum deviation in both eyes. I also observed nystagmus prior to forty-five degrees in both eyes. The next test I administered was the Walk and Turn
I had Michal stand in the starting position, right foot in front of the left, touching heel to toe with his arms down by his side as I explained and demonstrated the test. As I was explaining the test, Michael fell out of the starting position two (2) times. Michael then returned to the starting position, then immediately tried to start the test prior to me evening explaining the test. I advised Michael again to return to the starting position and don't move until I complete my demonstration. After Michael was in the starting position, I demonstrated the test and asked if he understood my instruction. Michael replied, "Yes, I do". I then gave Michael the command to begin. Michael stepped off and immediately failed to touch heel to toe on steps one and two. Michael then raided his arms greater than 6" inches from his body and stopped on step #4. After Michael regained his balance, he once again failed to touch heel to toe on steps 7 through 9. Michael at the turn around turned correctly but then just stopped. Michael then advised he was done the test. I then advised Michael to finish the test by taking nine more heel to toe steps back to the original point of origin. Michael stepped back off and failed to touch heel to toe on steps 1, 2, 4,6,7,8 and 9. The next test I administered was the One Leg