A routine morning commute turned into a high-stakes Colts Neck DUI arrest when an FBI Special Agent was forced to take emergency action on a New Jersey highway. The federal agent flagged down local police after observing a Chevrolet Impala swerving dangerously into oncoming traffic, nearly causing a head-on collision. This viral case from Colts Neck, New Jersey, highlights the terrifying reality of drugged driving and the extensive efforts officers took to ensure the safety of the suspect’s children.
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Watch: Colts Neck DUI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:13:51 in the transcript. During the field sobriety test, the suspect realizes she has put her boots on the wrong feet while struggling to maintain balance.
Full Story: How the Incident Unfolded
The incident began on the morning of September 27, 2023, at the intersection of State Highway 34 and Phalanx Road. Patrolman Tomaio of the Colts Neck Police Department was operating a “ghost” style marked patrol vehicle when he was dispatched to assist an FBI Special Agent.
The FBI Intervention Special Agent Sotillo told arriving officers that she saw the suspect, identified as Jennifer N. Brennan, failing to maintain her lane. The agent described the driving as “erratic,” noting the car was “veering into oncoming traffic” and “almost took a curb”. The agent feared Brennan “was going to kill herself or somebody else”.
The Scene at the Window When Officer Tomaio approached the vehicle, he found Brennan in a “drowsy state”. He noted she was nodding off and had “white dried saliva around her mouth”. Her eyelids were droopy, and her pupils were “pin point”. Brennan admitted to the officer that she had taken her prescribed Suboxone prior to driving, which she claimed made her feel “woozy”.
Failed Sobriety Tests The Colts Neck DUI arrest escalated when Brennan was asked to perform Standardized Field Sobriety Tests (SFSTs). The results were alarming:
- Horizontal Gaze Nystagmus: Officers observed distinct jerking in her eyes (nystagmus) and a lack of smooth tracking.
- Walk and Turn: Brennan took ten steps instead of nine, failed to count aloud correctly, and raised her arms for balance. She also attempted to put her boots on the wrong feet before the test began.
- One Leg Stand: She repeatedly dropped her foot and swayed so dangerously that the officer stopped the test for her safety.
The Arrest: Charges Against Jennifer Brennan
Following the failed tests, Brennan was taken into custody. Despite blowing a 0.0% BAC on the breathalyzer, a Drug Recognition Expert (DRE) determined she was under the influence of drugs, suspected to be a combination of Suboxone and potentially another depressant like Xanax.
| Charge | Simple Explanation | Potential Penalty (US) |
| DWI (39:4-50) | Driving under the influence of drugs or alcohol. | License suspension, fines, potential jail time. |
| Reckless Driving (39:4-96) | Driving with willful or wanton disregard for safety. | Fines, imprisonment, license points. |
| Failure to Maintain Lane (39:4-88) | Not staying within marked traffic lanes. | Fines and license points. |
Legal Analysis: Was the Colts Neck DUI Arrest Justified?
Fourth Amendment Check In this Colts Neck DUI arrest, the initial stop was initiated by an FBI Special Agent who witnessed an immediate threat to public safety. This citizen/agent report, corroborated by the responding officer’s direct observation of “erratic” driving and the suspect’s physical state (drowsiness, pin-point pupils), provided ample reasonable suspicion for the investigation.
Police Protocol & Implied Consent Officers followed standard protocol by first ruling out alcohol. When the breath test returned a 0.0% result, they correctly utilized a Drug Recognition Expert (DRE). Under New Jersey’s implied consent laws, drivers must submit to breath testing. While urine testing is more complex, Brennan signed a voluntary consent form for the urine sample, solidifying the evidence against her.
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5 FAQs connected to the charges in this case
What happens if a driver passes a breathalyzer test but is still suspected of impaired driving?
If a driver provides a breath sample that shows 0.0% alcohol content (as happened in this case), police may call in a Drug Recognition Expert (DRE). The DRE conducts a specialized evaluation to determine if the driver is under the influence of drugs, and the officer may request a urine sample for further testing.
Can a driver be charged with a DWI for taking prescription medication?
Yes. A driver can be charged with Driving While Intoxicated (DWI) if prescription medication impairs their ability to operate a vehicle safely. In this incident, the driver admitted to taking prescribed Suboxone, which she stated made her feel “woozy,” and was subsequently charged with DWI.
What is “John’s Law” regarding vehicle impoundment?
John’s Law requires that a vehicle involved in a DWI arrest be impounded. The law mandates that the vehicle be held for a specific period (typically 12 hours) before it can be released to the owner or a responsible party.
What are the consequences of failing a Standardized Field Sobriety Test (SFST)?
Poor performance on SFSTs—such as the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand—provides officers with probable cause to arrest a driver for intoxication. Specific indicators of failure include losing balance, inability to follow instructions, or stopping the test for safety reasons.
How does a “Reckless Driving” charge differ from a regular traffic violation?
Reckless Driving (NJ Statute 39:4-96) implies a willful or wanton disregard for the safety of others, which is more severe than a standard moving violation. In this case, the charge was supported by witness testimony of the vehicle swerving into oncoming traffic and nearly causing a crash.
Conclusion & Current Status
Jennifer Brennan was processed at Colts Neck Police Headquarters. Due to the situation, officers went above and beyond to coordinate the safe pickup of her children from school with their father, Devon Rodriguez. Brennan was eventually released into the custody of Jose Rodriguez after he signed a potential liability form.
The vehicle was impounded under “John’s Law,” which mandates a 12-hour hold on vehicles involved in DWI incidents. The case is currently pending in Colts Neck 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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