The Belmar DWI Crash Arrest of Melany V. Mojica began not with a siren, but with the sound of a vehicle slamming into a decorative rock garden in front of a government building.
On the night of Labor Day, police found a woman slumped in her driver’s seat, claiming she had only “one beer” while her passenger side tire was completely destroyed. What followed was a high-stakes investigation that revealed a blood alcohol content (BAC) nearly three times the legal limit.
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Chaos at Taylor Pavilion
At approximately 10:11 PM on September 2, 2024, Special Officer Joseph Vojtko was dispatched to Ocean Avenue in Belmar, New Jersey. A passer-by had reported a motor vehicle crash near the Taylor Pavilion.
When officers arrived, they found a vehicle parked over a curb in a decorative gravel area. The passenger side tire and rim were “completely destroyed,” and the front bumper was heavily damaged.
A male witness on the scene, Miguel O. Mendoza, immediately pointed to the driver, Melany Mojica, stating, “she hit a curb here”. Mojica, however, told the officer she simply “ran over a rock”.
Watch: Belmar DWI Crash Arrest Caught on Camera
Editor’s Note: Pay close attention to the timestamp at 00:07:54 in the transcript where Officer Vojtko officially places Mojica under arrest after she fails multiple field tests.
Full Story: The Failed Sobriety Tests and Breathalyzer Results
As Officer Vojtko spoke with Mojica, the signs of impairment were immediate. Her words were slow and slurred, her eyes were droopy, and she fumbled for words while trying to produce her documents.
The officer spotted an open container of Mike’s Hard Cider on the floor behind the driver’s seat. When questioned, Mojica allegedly stated, “We had a few drinks and it is what it is”.
The Belmar DWI Crash Arrest investigation moved to the sidewalk for Field Sobriety Tests. Mojica attempted the one-leg raise but stumbled, put her foot down several times, and used her arms for balance. During the walk-and-turn test, she could not touch heel-to-toe and failed to stay in the starting position.
At police headquarters, Sergeant Philip Bohrman operated the Alcotest 9510. Mojica provided two breath samples that yielded a staggering result of 0.206% BAC. For context, the legal limit in New Jersey is 0.08%.
The Arrest: Charges Against Melany V. Mojica
Following the Belmar DWI Crash Arrest, Mojica was issued four specific summonses.
| Charge | Simple Explanation | Potential Penalty (NJ) |
| 39:4-50 | Driving While Intoxicated (DWI) | License suspension, heavy fines, and mandatory IID |
| 39:4-88 | Failure to Maintain Lane | Fines and points on driver’s license |
| 39:4-51(b) | Open Alcoholic Container in MV | Fines and community service for repeat offenders |
| 39:4-96 | Reckless Driving | Fines, potential jail time, and license points |
Legal Analysis: Was the Belmar DWI Crash Arrest Justified?
Fourth Amendment Check: The initial stop was justified by the “community caretaking” doctrine and reasonable suspicion. Officers responded to a reported crash and found a vehicle with significant damage parked illegally on a curb. This provided clear legal grounds to investigate the driver’s condition.
Police Protocol: The officers followed strict New Jersey Alcotest protocols. Sergeant Bohrman performed a 20-minute uninterrupted observation period to ensure no foreign objects or biological actions (like belching or vomiting) affected the breath sample. The use of an “Alcotest Calculator” confirmed the results were within acceptable tolerance.
[Read more Evidence Decode investigations here]
Frequently Asked Questions: Legal Context and Procedures
What is the legal BAC limit for drivers in New Jersey?
In New Jersey, a driver is considered legally intoxicated if they have a Blood Alcohol Content (BAC) of 0.08% or higher. In this specific case, the defendant’s breath samples yielded a result of 0.206%, which is more than double the legal limit.
What happens if a driver refuses to provide a breath sample?
According to the New Jersey Attorney General Standard Statement read during the arrest, refusing to provide samples results in a separate summons for refusal. A court can find a person guilty of both a DWI and refusal, leading to penalties like license revocation for up to 20 years and fines up to $2,000.
What is the “20-minute observation period” mentioned in the report?
Before administering an Alcotest, officers must observe the arrestee for at least 20 uninterrupted minutes. During this time, the officer must ensure the person does not ingest anything, belch, burp, or vomit, as these actions could compromise the accuracy of the breath test results.
Can a person be released immediately after a DWI arrest?
A person arrested for a DWI in New Jersey can generally be released to a sober “responsible party”. This individual must sign a Potential Liability Warning, acknowledging that they accept responsibility for the arrestee’s actions for the following 10 hours.
What qualifies as an “Open Container” violation in a motor vehicle?
Under statute 39:4-51b, it is illegal to have an open unsealed container of an alcoholic beverage in the passenger compartment of a vehicle. In this case, officers found an open container of Mike’s Hard Cider and empty bottles of E&J Apple Brandy inside the vehicle.
Conclusion & Current Status
Melany Mojica was processed at Belmar Police Headquarters and eventually released to a sober party, Danielle O. Chisolm, after a Potential Liability Warning was signed.
Her vehicle was towed and impounded as part of the arrest procedure. Mojica was issued a mandatory court date of September 18, 2024, at the Belmar Municipal Court.
Download Police Report click here.
Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records.
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