Highlands, NJ — A routine traffic stop in Monmouth County turned into a bizarre performance when a 61-year-old woman, allegedly driving with a blood alcohol concentration (BAC) nearly four times the legal limit, tried to use her background as a “musical theater major” to explain her behavior during field sobriety tests.
On the night of January 13, 2024, Highlands Police Department Officer Alvator arrested Penny A. Herrmann after observing her SUV driving erratically and stopping at a green light. What followed was an interaction caught on bodycam that ranged from confused to comical, ending with a shocking breathalyzer result of 0.304%. For context, a BAC of 0.30% is considered a medical emergency and potential coma level for many individuals.
This case highlights the extreme dangers of high-level intoxication on New Jersey roadways and offers a glimpse into how law enforcement handles drivers who are unable—or unwilling—to follow basic instructions due to impairment.
Table of Contents
Full Chronological Narrative
The incident began at approximately 9:11 PM on a cold Saturday night in Highlands, New Jersey. Officer Alvator was on roving patrol in a marked police vehicle, traveling southbound on State Route 36.
The Observation
According to the official police report, the officer noticed a white 2020 Toyota 4Runner sitting completely stationary at a green light at the intersection of SR 36 and Miller Street. As Officer Alvator approached, the driver—later identified as Penny Herrmann—began moving slowly. The vehicle then repeatedly failed to maintain its lane while approaching the Sea Bright/Highlands Bridge.
Once on the bridge, the SUV straddled the center of the two lanes and continued swerving. After clearing the bridge, Officer Alvator initiated a traffic stop on Ocean Avenue.
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The Initial Contact
Herrmann struggled to locate her documents and handed the officer a clear zip-lock bag with random papers. She couldn’t find her license and moved slowly and clumsily. The officer immediately detected a strong odor of alcohol. She also used excessive profanity and gave vague answers such as “Nowhere” when asked where she was coming from.
When asked how much she drank, she replied, “Nothing.”
The Investigation Escalates
Backup arrived, and Herrmann was asked to step out. She was visibly impaired, struggled to stand, and held onto her vehicle for balance. She wore improper footwear on cold pavement.
She was escorted to a safe area for sobriety testing.
Field Sobriety Tests (SFSTs)
1. Horizontal Gaze Nystagmus (HGN)
She refused to follow instructions, wouldn’t keep her hands at her sides, and swayed heavily.
2. One-Leg Stand (OLS)
She interrupted instructions, laughed, claimed an injury, and said she “doesn’t believe in doctors.” She couldn’t keep her balance, so officers ended the test for her safety.
3. Walk and Turn (WAT)
She complained officers were inconveniencing her. She couldn’t maintain position and kept interrupting. Test terminated.
4. Alphabet Test
When asked her education level, she became offended and said she had a college degree. She then stated, “I’m a musical theater major,” and sang the alphabet instead of speaking it. Her speech was slurred.
5. Finger Dexterity
She failed to follow the correct counting pattern and simply counted to ten.
The Arrest
Herrmann was arrested based on driving behavior, strong odor of alcohol, physical indicators, and failed tests. She initially resisted handcuffs and begged officers to let her go home.
In the patrol car, the smell of alcohol was overwhelming.
At the Statio
Herrmann was read her rights and agreed to provide breath samples. Her BAC measured 0.304%. Due to the dangerously high level, EMS transported her to a hospital rather than placing her in a cell.
Charges Filed Against Penny Herrmann
- Driving While Intoxicated (DWI)
- Reckless Driving
- Failure to Possess Driver’s License
- Traffic on Marked Lanes
A detailed breakdown of these charges includes penalties such as license suspension, fines, jail possibility, and mandatory counseling.
Why This Case Is Serious
A BAC of 0.304% is considered an extremely high level of impairment. Although New Jersey does not have a separate charge for high BAC alone, courts treat such cases severely. The breathalyzer result is nearly impossible to challenge without major procedural errors.
Her inability to follow simple instructions, inappropriate singing, inconsistent stories, and physical instability all support impairment.
What Happened Before Police Arrived
Herrmann stopped at a green light, drove in the center of two lanes on Highlands Bridge, and gave inconsistent answers about her origin.
These behaviors are classic signs of a driver severely under the influence.
Expert Legal Analysis
Legal review confirms:
- Reasonable suspicion existed due to erratic driving and traffic signal violation.
- Probable cause was established through sensory factors, impaired performance, and behavior.
- Her “musical theater major” explanation further demonstrated impaired judgment.
- A BAC of 0.304% is strong scientific evidence in court.
- Officer Alvator acted professionally and safely throughout.
Current Status
The case was recorded as cleared by adult arrest on January 13, 2024.
Herrmann was scheduled for court on January 30, 2024.
Her vehicle was impounded for 12 hours under New Jersey’s DUI vehicle impound rule.
Disclaimer
All suspects mentioned, including Penny Herrmann, are presumed innocent until proven guilty in court. This article is based on official police records and public bodycam footage. It is intended for news reporting and educational use only.