A routine patrol in Monmouth County turned into a high-stakes Little Silver DUI Arrest after a driver allegedly came within inches of a police cruiser and then drove the wrong way down a one-way street.. Danielle M. Lembo, 50, of Holmdel, NJ, now faces a mountain of legal trouble after a night out in “locally” ended in handcuffs..
Table of Contents
Watch: Little Silver DUI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:02:47 where the officer explains how the driver “blew right through” a do not enter sign, setting the stage for the arrest..
The Near Miss: A Dangerous Night on Spring Street
The incident began on the evening of December 3, 2025.. Patrolman Christopher Gilmore was parked on the side of the road when a 2023 Jeep Wagoner nearly clipped his vehicle..
The driver, identified as Danielle Lembo, allegedly passed within two inches of the officer’s door.. Instead of slowing down, the vehicle reportedly turned the wrong way onto a one-way street, ignoring “Do Not Enter” signs..
Officer Gilmore quickly initiated a motor vehicle stop at the intersection of Branch Avenue and Silverton Avenue.. When asked where she was coming from, Lembo stated she was coming from “locally” after having food and drinks with friends..
Field Sobriety: The “Martini” Admission
During the initial roadside questioning, Lembo admitted to consuming alcohol.. She initially claimed to have had “one martini glass” about 30 minutes prior.. Later at headquarters, she clarified it was “one and a half” martinis..
Sergeant Lawrence arrived on the scene to assist with field sobriety tests.. Officers noted that Lembo appeared to have watery eyes and struggled with several instructions..
The tests included:
- The Alphabet Test: Lembo was asked to say the alphabet from A to Z without singing..
- The Walk and Turn: After several attempts to start early, she was instructed to take nine heel-to-toe steps along an imaginary line..
- One-Leg Stand: Lembo was asked to hold her foot six inches off the ground while counting..
Based on her performance and the driving observations, she was placed under arrest for suspicion of driving under the influence..
The Refusal: Five Failed Breath Samples
The situation grew more complicated once Lembo arrived at the Little Silver Police Headquarters.. Officer Gilmore read her the New Jersey Attorney General’s Standard Statement, which informs drivers that they are required by law to provide breath samples..
Lembo was given multiple opportunities to provide a proper sample.. However, the police report states that after “five unsuccessful attempts,” she was charged with a refusal..
In New Jersey, failing to provide a sufficient breath sample—even if you agree to take the test—is legally treated as a refusal..
The Arrest: Charges Against Danielle Lembo
Danielle Lembo faces a total of six charges stemming from the incident..
| Charge | Simple Explanation | Potential Penalty (NJ/US) |
| 39:4-50 | Driving Under the Influence | Fines, IDRC, and Interlock device.. |
| 39:4-50.4a | Refusal to Submit to Chemical Test | License revocation up to 20 years and $3,000 fine.. |
| 39:4-85.1 | Wrong Way on One-Way Street | Traffic fines and points on license.. |
| 39:4-97 | Careless Driving | Fines and potential insurance surcharges.. |
| 39:4-96 | Reckless Driving | Fines and potential jail time for repeat offenders.. |
| 39:4-88 | Failure to Maintain Lane | Fines and points on license.. |
Legal Analysis: Was the Little Silver DUI Arrest Justified?
From a legal standpoint, the Little Silver DUI Arrest appears to follow standard New Jersey protocol..
Fourth Amendment Check: The initial stop was based on a specific traffic violation: driving the wrong way on a one-way street.. This provides the “reasonable suspicion” required for a lawful police stop..
Implied Consent Law: New Jersey operates under “implied consent.”. By having a driver’s license, you agree to provide breath samples if arrested for DUI.. Lembo’s failure to provide a sufficient sample after five tries led directly to the refusal charge under NJ Statute 39:4-50.4a..
Police Protocol: Officer Gilmore followed procedure by reading the Miranda warnings and the Attorney General’s Standard Statement before the breath test.. The presence of Body Worn Camera (BWC) and vehicle camera footage provides a transparent record of the entire interaction..
[Read more Evidence Decode investigations here]
Frequently Asked Questions (FAQ)
What is “John’s Law” in New Jersey, and why was the driver released to someone else?
John’s Law allows police to impound the vehicle of a person arrested for DUI for at least 12 hours. It also requires that the arrested individual be released into the custody of a responsible adult who must sign a document acknowledging that the person may still be intoxicated.
Can you be charged with “Refusal” even if you tried to blow into the machine?
Yes. In New Jersey, if a driver does not follow instructions, fails to provide a sufficient volume of breath, or makes several unsuccessful attempts (as seen in this case with five tries), the officer can legally charge them with refusal. The law treats an “ambiguous” or “conditional” performance as a rejection of the test.
What are the legal consequences of driving the wrong way on a one-way street?
Beyond the immediate traffic ticket (Statute 39:4-85.1), driving the wrong way is often used by officers as “probable cause” or “reasonable suspicion” to initiate a stop. It is frequently cited as evidence of impairment or “reckless driving” because it shows a failure to observe universal road signs.
How does a “Careless Driving” charge differ from “Reckless Driving”?
While both involve unsafe driving, “Careless Driving” (39:4-97) usually implies a person drove without due caution in a way that was likely to endanger people or property. “Reckless Driving” (39:4-96) is a more serious offense, implying a “willful or wanton disregard” for safety, and often carries heavier penalties and more points on a license.
Is a driver allowed to have a lawyer present during a breathalyzer test?
No. According to the New Jersey Attorney General’s Standard Statement, a driver has no legal right to have an attorney, physician, or any other person present during the actual taking of breath samples. You must decide whether to submit to the test based on the instructions provided by the officer at that moment.
Conclusion & Current Status
Following her processing, Danielle Lembo was released to the custody of an acquaintance, Elizabeth Lieberman, in accordance with “John’s Law.”. Her vehicle was also likely impounded as per state requirements..
Lembo is scheduled to appear in Little Silver Municipal Court on December 18, 2025, at 09:00 AM to answer for these charges..
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 and transcripts from the Little Silver Police Department..
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