The Little Silver DUI Arrest of Yessica Huerta Paisano began with a simple welfare check and ended in handcuffs after police discovered a vehicle filled with open beer bottles.
The incident unfolded in the early morning hours of June 22, 2025, at a 7-Eleven parking lot in Little Silver, New Jersey. What started as an officer checking on a driver with her head leaned back against the seat quickly escalated into a full-scale criminal investigation.
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Watch: Little Silver DUI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:30:03 where the situation escalates as the officer officially places the suspect under arrest.
The Welfare Check: From Sleeping to Suspect
The encounter began at approximately 2:20 AM at 647 Branch Avenue. Patrolman Andrew White observed a 2023 Honda parked across two spots with the driver, Yessica Huerta Paisano, appearing to be asleep.
When the officer approached, Paisano claimed she was simply trying to find a hotel and had been waiting for service for over an hour. She initially told the officer she had “nothing” to drink that night.
Field Sobriety Tests: A Struggle for Balance
Despite her denials, Officer White noticed numerous open containers of alcohol inside the vehicle. He asked Paisano to step out of the car to perform a series of Field Sobriety Tests (FSTs).
The Little Silver DUI Arrest investigation moved to the sidewalk, where Paisano struggled significantly:
- Walk and Turn Test: Paisano failed to follow instructions, lost her balance, and struggled to count her steps correctly.
- One Leg Stand Test: She repeatedly put her foot down, stating she was “very nervous” and “tired” from a long drive from Massachusetts.
The Alcohol Discovery: “It’s My Friend’s”
During the investigation, Paisano’s story regarding the alcohol began to shift. While she initially claimed she hadn’t been drinking, the officer found several Modelo beer bottles in the passenger seat.
Paisano claimed the open bottles belonged to a “friend” she had dropped off earlier. However, she later admitted to consuming “Rum, Bailey and orange juice” at a baby shower earlier in the evening.
The Arrest: Charges Against Yessica Paisano
Following the failed physical tests and the discovery of alcohol, Paisano was placed under arrest and transported to police headquarters. Interestingly, a later breath test resulted in a BAC of 0.00%, suggesting the impairment may have been related to other substances or extreme fatigue.
| Charge | Simple Explanation | Potential Penalty (US) |
| 39:4-50 | Driving Under the Influence | License suspension, fines, and potential jail time. |
| 39:4-51B | Open Container in Motor Vehicle | Fines and points on driving record. |
| 39:4-138 | Improper Parking | Fines. |
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Legal Analysis: Was the Little Silver DUI Arrest Justified?
As a legal expert looking at the Little Silver DUI Arrest, the officer’s actions appear to follow standard New Jersey police protocol.
- Fourth Amendment Check: The initial contact was a “community caretaking” welfare check, which is legal when an officer sees someone potentially distressed or asleep in a running vehicle.
- Probable Cause: The sight of open containers in plain view and the defendant’s inability to complete physical balance tests provided the officer with sufficient probable cause for an arrest.
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Frequently Asked Questions (FAQs) About the Charges
Why was she charged with a DUI if her breath test (BAC) was 0.00%?
Under New Jersey law, a person can be charged with a DUI (39:4-50) even if they haven’t been drinking alcohol. In this case, the officer determined the driver was “operating under the influence of liquor or drugs” based on her performance in the field sobriety tests. If an officer believes a driver is impaired by drugs—or even a combination of fatigue and medication—they can still make an arrest despite a 0.00% alcohol reading.
Is it illegal to just have an open beer in the car if I’m not drinking it?
Yes. According to the statute 39:4-51B, it is illegal to have an open container of alcohol anywhere in the “passenger compartment” of a motor vehicle. In this report, the officer found “numerous open containers” in the passenger seat, which led directly to this specific charge.
Does “John’s Law” mean the suspect stays in jail?
No, “John’s Law” is actually designed to prevent a person from getting back behind the wheel immediately after a DUI arrest. It requires police to impound the vehicle for at least 12 hours and ensures the suspect is released into the custody of a responsible adult. In this instance, the defendant was released to a friend, Erika Dorado, rather than being kept in a cell.
Can I be arrested for DUI if my car is parked and I’m sleeping?
Yes. In many U.S. states, including New Jersey, the law focuses on “operation” of the vehicle. If the driver is in the driver’s seat with the keys and has the “intent” to drive—or if the car is running—police can justify a DUI arrest. Because the suspect was in the driver’s seat and the vehicle was parked improperly across two spots, the officer had legal grounds to investigate.
What is the difference between a “Warning” and a “Summons” in this case?
A summons is an official order to appear in court or pay a fine for a violation. In this case, the suspect received three summonses (1323E25000591, 1323E25000592, and 1323E25000593). For each charge, the report specifically notes that no warning was given (“WARNING: N”), meaning the officer proceeded directly to formal legal charges.
Conclusion & Current Status
Yessica Huerta Paisano was processed at the Little Silver Police Department and eventually released into the custody of an acquaintance, Erika Dorado, in accordance with “John’s Law”. She is currently awaiting her court date to face the three motor vehicle 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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