The Oceanport NJ DUI Arrest of a Red Bank woman took a bizarre turn when a standard traffic stop escalated into nearly two hours of failed breath tests and “allergic” coughing fits.. What started as a simple failure to yield at a red light ended with a suspect being “corralled” by police as she tried to walk away mid-investigation..
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Watch: Oceanport NJ DUI Arrest Caught on Camera
Editor’s Note: Pay close attention to the timestamp at 00:09:36 where the officer explains how the driver “banged a left” directly in front of a police cruiser, nearly causing a collision..
Full Story: How the Incident Unfolded
On the night of January 5, 2025, Ptl. Skovran was patrolling East Main Street in Oceanport, New Jersey.. He was stopped at a red light behind another officer, SLEO II Boyce..
When the light turned green, a gray 2022 Honda CRV sitting opposite them made a sudden left turn.. The driver, later identified as Konstantina Castillo, failed to yield, cutting off the police vehicle..
Ptl. Skovran immediately initiated the Oceanport NJ DUI Arrest sequence by pulling the vehicle into the First Atlantic Federal Credit Union lot..
A “Flustered” Encounter
Upon approaching the window, the officer reported a “strong odor of alcoholic beverage.”. Castillo appeared flustered, handing over PBA cards and health insurance documents instead of her registration..
She claimed she was coming from a “Japanese place” near the Monmouth Mall and had only consumed one cocktail an hour earlier.. However, the officer noted her speech was slurred and her eyes were glassy..
Field Sobriety: “I Just Want to Get It Over With”
The investigation moved to the credit union’s blacktop lot.. Castillo was wearing high-heeled boots and initially insisted she was comfortable testing in them..
The results were not in her favor:
- HGN Test: Castillo failed to follow the stimulus, focusing straight ahead instead of on the officer’s pen. She showed 6 out of 6 clues for intoxication..
- Walk and Turn: After struggling with her boots, she took them off to perform the test in socks.. She failed to count out loud, missed the heel-to-toe steps, and used her arms for balance..+1
- One Leg Stand: She could only hold her leg up for a maximum of six seconds before putting her foot down..
At one point, Castillo believed the testing was over and began walking back to her car to put her boots on, forcing officers to “corral” her back to the testing area..
The Arrest: Charges Against Konstantina Castillo
The Oceanport NJ DUI Arrest resulted in a heavy list of summonses after the suspect was taken to police headquarters..
| Charge | Simple Explanation | Potential Penalty (NJ) |
| 39:4-50 | Driving While Intoxicated | Fines, License Loss, IID |
| 39:4-50.4a | Refusal to Submit Breath Samples | Revocation up to 14 years |
| 39:4-96 | Reckless Driving | Fines, Points, Possible Jail |
| 39:4-90 | Failure to Yield Right of Way | Fines and Motor Vehicle Points |
| 39:4-97 | Careless Driving | Fines and Motor Vehicle Points |
| 39:3-29b/c | Failure to Produce Documents | Small Fines |
Legal Analysis: Was the Oceanport NJ DUI Arrest Justified?
From a legal perspective, the initial stop was firmly grounded in New Jersey Statute 39:4-90 (Failure to yield right of way).. The officer’s observation of a traffic violation provided the necessary “reasonable suspicion” to pull the vehicle over..
The escalation to a DUI investigation was supported by the “plain smell” of alcohol and the physical cues (slurred speech, glassy eyes) exhibited by the driver..
The most contentious part of the case involves the Refusal Charge. In New Jersey, the “Implied Consent” law means drivers must submit to a breathalyzer..
Sgt. Petrucelli attempted to run the Alcotest 10 separate times.. Castillo claimed her “allergies” were making her cough and belch, which restarts the required 20-minute observation period.. Police eventually ruled this “uninterrupted” coughing was a form of test obstruction, leading to the refusal charge..
[Read more Evidence Decode investigations here]
five frequently asked questions that provide context to the procedures and legal standards involved in this case
What is the “20-minute observation period” mentioned in the report?
In New Jersey, before administering an Alcotest (breathalyzer), officers must observe the subject for 20 continuous minutes. This ensures the subject does not ingest anything, regurgitate, or place anything in their mouth that could contaminate the breath sample and produce an inaccurate reading. If the subject coughs, belches, or vomits, the timer must be restarted.
Can medical conditions like allergies be a defense against a “Refusal” charge?
While the suspect in this case attributed her coughing to allergies, New Jersey law requires a “yes” or “no” consent to testing without conditions. If a medical condition prevents a sample from being taken, it is often a matter for the court to decide based on medical evidence. In this instance, the officer charged the suspect with refusal because the repeated interruptions prevented the completion of the legal process.
What is “John’s Law” in the state of New Jersey?
The report mentions a “12-hour hold” and “John’s Law”. This law allows police to impound a vehicle for at least 12 hours following a DWI arrest to prevent the individual from getting back behind the wheel while still potentially intoxicated. The vehicle is only released once the hold expires and the owner provides valid documentation.
Why was the suspect released to a friend instead of being jailed?
Under New Jersey’s current guidelines for most DWI offenses, suspects are processed and released to a responsible adult rather than being held in jail pending trial. The person picking them up must sign a “Potential Liability Warning” form, acknowledging they are responsible for the individual and will not let them operate a vehicle for the remainder of the 12-hour period.
What are the consequences of failing “Field Sobriety Tests” versus the “Alcotest”?
Standardized Field Sobriety Tests (SFSTs), like the One-Leg Stand and Walk-and-Turn, are used to establish “probable cause” for an arrest. The Alcotest is used to provide a scientific measurement of Blood Alcohol Content (BAC) for court. In this case, even without a BAC reading, the suspect was charged based on her performance during the physical tests and the officer’s observations.
Conclusion & Current Status
After nearly two hours in custody, Konstantina Castillo was processed and released to the care of a friend in Red Bank.. Her vehicle was impounded and taken to a yard in Red Bank under “John’s Law,” which requires a 12-hour hold on vehicles involved in DUI arrests..
She currently awaits her hearing in municipal court to face the eight traffic and criminal summonses..
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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