I Can't Do It, I'm Too Nervous!" — Drunk Driver Fails Sobriety Test and Lands in Cuffs

A routine traffic stop on an early Wednesday morning quickly escalated into a full-scale DUI investigation. The driver, who claimed she only had one drink, struggled to maintain balance and failed multiple field sobriety tests on camera. Her erratic driving, coupled with the odor of alcohol, led to an immediate police arrest. The entire dramatic encounter was captured on shocking bodycam footage, providing a stark look at the consequences of impaired driving in this case of US crime news.

What Happened Before Police Arrived

The incident occurred in the early morning hours of September 18, 2024, in Monmouth Beach, NJ. Ptl. Golembieski was patrolling Ocean Avenue, a 35 MPH zone. At approximately 01:42:11, the officer observed a blue Nissan Pathfinder, driven by Giulia A. Mirando, heading north and traveling noticeably slower than the speed limit, at around 30 MPH.

After the officer executed a U-turn to follow the vehicle, Mirando’s driving became erratic. The patrolman observed the vehicle swerving within its lane, drifting toward the center line and then back toward the shoulder. Near Cottage Road, both passenger-side tires crossed over the solid white shoulder line. Shortly after, the driver’s side tires struck the double yellow center line, causing the vehicle to abruptly swerve back toward the shoulder. Believing the operator was impaired, the officer initiated a traffic stop.

Police Arrival & Key Bodycam Moments

Upon approaching the vehicle, the officer immediately detected the odor of cigarettes and an alcoholic beverage coming from inside the car. He also noted that the driver’s eyes were bloodshot and watery with droopy eyelids, and her face was flushed. When questioned, the driver admitted to having one drink—a “Tito’s club and a splash of cran” at the Celtic bar in Long Branch—about 30 minutes prior. She tried to explain her swerving behavior by claiming she was attempting to set her cruise control.

The officer asked the driver to exit the car to perform Standardized Field Sobriety Tests (SFSTs). Key moments from the bodycam and report include:

Horizontal Gaze Nystagmus (HGN) Test: The driver showed 6 out of 6 clues of impairment, including a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to 45 degrees in both eyes. She was also observed swaying throughout the test.
Walk and Turn (W&T) Test: The driver repeatedly failed to maintain the heel-to-toe starting position, citing nervousness. During the walk, she exhibited 5 out of 8 clues of impairment, including stepping off the line three times, missing heel-to-toe steps ten times, and raising her arms for balance. She also performed an improper turn, pivoting on both feet instead of using small steps.
One Leg Stand (OLS) Test: The driver struggled significantly. After raising her foot, she said, “I can’t do it. I’m too nervous. I’m sorry.” She was unable to complete the test, losing her balance, putting her foot down, and nearly falling, leading the officer to terminate the test for safety. She demonstrated 3 out of 4 clues of impairment.
Modified Romberg Balance (MRB) Test: The driver performed this test, where she tilted her head back and closed her eyes to estimate 30 seconds. She believed 30 seconds had passed in only 23 seconds, indicating a sped-up internal clock.

Charges & Legal Explanation

Following the failed SFSTs, the driver was formally placed under arrest for DWI. She was issued four citations.

Charge	Citation Statute	Legal Meaning/Reason for Charge
Driving While Intoxicated (DWI)	$39:4-50$	Legal Meaning: Operating a motor vehicle while under the influence of alcohol or drugs, or with a BAC of 0.08% or higher. Reason: Based on the officer’s observation of erratic driving, the odor of alcohol, and the multiple signs of impairment observed during the SFSTs.
Speeding	$39:4-96$	Legal Meaning: Driving in excess of the posted speed limit. Reason: The officer initially observed the vehicle traveling slower than the posted 35 MPH limit, which can also be an indicator of impairment.
Careless Driving	$39:4-97$	Legal Meaning: Driving a vehicle carelessly, or without due caution and circumspection, in a manner that endangers or is likely to endanger a person or property. Reason: Charged for the continual swerving and drifting within the lane.
Failure to Maintain Lane	$39:4-88B$	Legal Meaning: Failing to drive a vehicle as nearly as practicable entirely within a single lane. Reason: Cited for crossing the solid white shoulder line and hitting the double yellow center line.

Expert Opinion Section

The officers’ actions appear to be justified and procedurally correct. The initial stop was based on the officer’s observation of the vehicle driving oddly slow and then swerving (Phase One: Vehicle in Motion). This is a valid reason for suspicion of impairment.

Correct Procedure: The officer properly engaged in a multi-phase DUI investigation. The use of the HGN test (the most reliable SFST) and the subsequent balance tests was standard and correct. The driver’s failure to complete the OLS test, despite her nervousness, was a strong indicator of impairment.
Proper Legal Treatment: The driver was read the required New Jersey Attorney General’s Standard Statement regarding breath samples and her Miranda Rights. The request for a Drug Influence Evaluation (DRE) was also procedurally correct, as the driver’s relatively low BAC of 0.066% did not align with the degree of observed impairment, suggesting the possible influence of other substances. The driver, however, refused the DRE.
The “John’s Law” Tow: The mandatory towing of the vehicle under “John’s Law” was correctly requested. The suspect also received a search by a female officer, Ptl. Susino, before being placed in the patrol vehicle, another key safety measure.

Final Outcome / What Happened in the End

After the arrest and transport to the Monmouth Beach Police Department (MBPD), the driver provided two breath samples for the Alcotest machine. Her Blood Alcohol Concentration (BAC) was determined to be 0.066%.

The vehicle, a blue 2017 Nissan Pathfinder, was a mandatory tow under John’s Law and was impounded by Arties Towing.

The suspect, Giulia A. Mirando, was released to the custody of a sober adult, Jason W. Lane. The officer read Mr. Lane the potential liability form, warning him of criminal and civil penalties if he permitted the defendant to operate a vehicle while still intoxicated. Mr. Lane signed the form, indicating he understood, and the driver was released to him. The driver later returned to the station the following day to retrieve the impound receipt for her vehicle.