A Holmdel Substitute Teacher DWI Arrest unfolded at Village School when a substitute arrived for her shift reportedly under the influence. Staff members grew concerned after noticing the teacher swaying and smelling strongly of alcohol while checking in for work. The incident, occurring on school grounds, led to a full police response and multiple motor vehicle summonses.
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Watch: Holmdel Substitute Teacher DWI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:30:15 where the situation escalates as the suspect fails to follow the “walk and turn” instructions and claims she was a dancer.
Full Story: How the Incident Unfolded
On April 11, 2024, at approximately 9:26 AM, Patrolman Kevin Gallogly responded to Village School following a report of an intoxicated substitute teacher. The teacher, identified as 57-year-old Maryellen Cushing, was found sitting in the principal’s office. School staff reported that Cushing arrived at 9:05 AM with bloodshot eyes and a strong odor of alcohol emanating from her breath.
Officers reviewed surveillance footage showing Cushing parking her silver Ford Escape in the school lot. The vehicle was parked improperly, with the tires crossing over the white line into the adjacent space. Inside the principal’s office, Patrolman Gallogly noted that Cushing struggled to retrieve her driver’s license from her wallet due to slow hand movements.
Cushing admitted to drinking the night before, citing the anniversary of her divorce as the reason. She was escorted outside to perform Standard Field Sobriety Tests (S.F.S.T.) in the school parking lot. During the tests, she appeared off-balance and had difficulty zipping her jacket.
The Holmdel Substitute Teacher DWI Arrest became inevitable as Cushing failed multiple tests. During the Horizontal Gaze Nystagmus (H.G.N.) test, she was unable to follow the stimulus without moving her head. On the “walk and turn” test, she failed to walk in a heel-to-toe manner and stopped counting her steps. Finally, during the “one leg stand,” she stood in place for 30 seconds simply deciding which leg to lift before immediately putting her foot down.
Following these failures, Cushing was placed under arrest. A search of her vehicle revealed a clear plastic cup in the center cupholder filled halfway with a beverage that looked and smelled like wine.
The Arrest: Charges Against Maryellen Cushing
The following charges were issued during the Holmdel Substitute Teacher DWI Arrest process:
| Charge | Simple Explanation | Potential Penalty (NJ) |
| 39:4-50 | Operating a vehicle under the influence of alcohol. | Fines, IDRC, and potential license suspension. |
| 39:4-96 | Driving with a willful disregard for safety. | Fines and points on driver’s license. |
| 39:4-50.2 | Refusing to provide a breath sample for testing. | Mandatory interlock and license revocation. |
| 39:4-51B | Having an unsealed container of alcohol in the car. | Fines and community service. |
| 39:4-51A | Drinking alcohol while inside a motor vehicle. | Fines and potential points. |
| 39:4-135 | Parking in a manner that obstructs or opposes traffic. | Monetary fine. |
| 2C:33-16 | Bringing alcohol onto public school property. | Fines and potential criminal record. |
Legal Analysis: Was the Holmdel Substitute Teacher DWI Arrest Justified?
From a legal standpoint, the officers appear to have followed standard New Jersey police protocol. The initial contact was based on credible reports from school staff regarding Cushing’s physical state. Under the Fourth Amendment, officers have the right to conduct a brief investigatory stop if they have reasonable suspicion of criminal activity.
The transition from a “well-being check” to a DWI investigation was supported by the “plain smell” of alcohol and Cushing’s own admission of consumption. The search of the vehicle was likely conducted under the “automobile exception,” which allows officers to search a car without a warrant if they have probable cause to believe it contains evidence of a crime—in this case, open containers of alcohol.
Regarding the refusal charge, New Jersey is an “implied consent” state. By holding a driver’s license, you agree to submit to breath testing if arrested for DWI. Cushing’s claim that her medication (NyQuil and Tylenol PM) would affect the test was noted by officers but did not legally excuse her from the requirement to provide a sample.
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5 frequently asked questions (FAQs) connected to the charges in the Holmdel Substitute Teacher DWI Arrest:
Can a person be charged with a DWI even if they are not seen driving by the police?
Yes. In New Jersey, “operation” of a vehicle can be proven through circumstantial evidence. In this case, although the officer did not pull the vehicle over, police utilized school surveillance footage showing the suspect parking the car and entering the building to establish that she had been operating the vehicle while intoxicated.
Why was the suspect’s vehicle impounded for exactly 12 hours?
Under New Jersey’s “John’s Law,” a person arrested for DWI must have their vehicle impounded for at least 12 hours. This is a preventative measure designed to ensure the individual does not regain access to their vehicle and drive again while still potentially under the influence.
Does a “Refusal” charge carry the same penalties as a DWI conviction?
A refusal to submit to a breath test is a separate offense that often carries penalties similar to or even more severe than a DWI. These penalties can include mandatory installation of an ignition interlock device, heavy fines, and a potential license revocation of up to 20 years, depending on the driver’s history.
How does drinking “last night” still lead to an arrest the following morning?
Alcohol is metabolized by the body at a fixed rate, and “lingering” effects can keep a person’s blood alcohol concentration (BAC) above the legal limit many hours after their last drink. In this report, the suspect claimed her intoxication was from the previous night, yet she still displayed significant physical impairment, such as bloodshot eyes and an inability to maintain balance, during her shift the next morning.
What is the legal significance of having an open container if the driver isn’t actively drinking?
New Jersey law prohibits the possession of an unsealed or open container of alcohol within the passenger compartment of a vehicle, regardless of whether the driver is currently consuming it. Discovery of an open container—such as the plastic cup of wine found in the suspect’s center console—serves as strong corroborating evidence for a DWI charge.
Conclusion & Current Status
After being processed at Holmdel Police Headquarters, Maryellen Cushing was released to a friend. Her vehicle was impounded for the mandatory 12-hour period required by state law. She was scheduled to appear in Holmdel Municipal Court on April 24, 2024, to face the multiple summonses issued.
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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