This Red Bank DWI arrest started with a classic, desperate move: the old “switch seats” trick. On a dark night in New Jersey, what began as a traffic stop near the Count Basie Theatre quickly unraveled into a chaotic investigation involving confused drivers, failed balance tests, and a pair of friends who couldn’t get their story straight.
Table of Contents
Watch: Red Bank DWI Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:02:16 where the officer immediately calls out the suspects for switching drivers before the stop.
Full Story: How the Incident Unfolded
The incident occurred late on the evening of June 16, 2023. Officer Grace Maggiulli of the Red Bank Police Department arrived at the scene near 99 Monmouth Street. The situation was already tense.
The “Seat Switch” Bluff
As the officer approached the vehicle, it became clear this wasn’t a standard stop. The officer noticed something strange immediately. The occupants of the car had switched seats.
“I took control of the car and I’m driving again,” one occupant claimed, trying to explain why they were behind the wheel.
The officer wasn’t buying it. “You were the one that was driving. Then you were mad,” the officer stated, cutting through the confusion. The occupants tried to argue, claiming they pulled over to “pick” someone up, but the story fell apart quickly.
The officer pressed them: “So she drove the vehicle though, right?”. Finally, the truth began to slip out. The passenger admitted the other woman had been driving “at one point”.
The Investigation Begins
With the admission that the driver had switched seats, the investigation shifted to DWI. The officer noted the car had hit a cone. The driver denied it, but the officer pointed out, “There’s a cone under your wheel”.
The suspect tried to deflect, saying, “I just want to get home”. She mentioned the car was brand new and she didn’t want anyone else driving it. But the officer needed to verify her sobriety.
When asked for a license, the driver claimed she had a Pennsylvania license but couldn’t produce it physically. The tension rose as the officer asked the driver to step out of the vehicle.
The Field Sobriety Tests
The Red Bank DWI arrest footage highlights a struggle with the Field Sobriety Tests (FSTs).
1. The Eye Test: The officer started with the Horizontal Gaze Nystagmus test. She instructed the driver to follow the pen with her eyes only. The driver struggled, moving her head instead of just her eyes. “No… don’t move your head,” the officer corrected repeatedly.
2. The Walk and Turn: Next came the walk-and-turn test. The instructions were specific: nine paces, heel-to-toe. The driver seemed confused by the instructions, asking clarifying questions while the officer demonstrated.
3. The One-Leg Stand: Finally, the officer instructed the driver to raise one foot six inches off the ground and count. The driver attempted the test but struggled to maintain the position or follow the counting pattern correctly.
The Final Outcome
After the tests concluded, the officer made her decision. She instructed the driver to place her hands behind her back.
“You were driving the vehicle,” the officer affirmed one last time. The suspect was placed in the patrol car. When the suspect asked if she was being “locked up,” the officer confirmed, “Yes, ma’am… for driving while intoxicated”.
The Arrest: Charges Against the Suspect
Based on the Red Bank Police Department Incident Data Sheet, the suspect faced the following charge:
| Charge | Simple Explanation | Potential Penalty (US) |
| 2100 D.W.I. | Driving While Intoxicated (Alcohol or Drugs) | Fines, license suspension, ignition interlock device, potential jail time. |
The report indicates the incident was cleared by an “Adult Arrest” on the same night.
Legal Analysis: Was the Red Bank DWI Arrest Justified?
Fourth Amendment Check: The Stop
In this Red Bank DWI arrest, the initial stop appears justified. The officer noted the vehicle had “hit a cone” and there was a cone physically under the wheel. This implies an accident or erratic driving, providing Reasonable Suspicion for the stop.
Probable Cause for Arrest
To move from a detention to an arrest, an officer needs Probable Cause. In this case, several factors built that cause:
- Admission of Driving: Witnesses (the passengers) and the driver herself admitted she was operating the vehicle “at one point”.
- Attempt to Deceive: Switching seats is often interpreted by courts as a “consciousness of guilt.”
- Physical Evidence: The vehicle was parked on top of a traffic cone.
- Field Sobriety Tests: The suspect struggled to follow instructions during the eye test and the balance tests.
Police Protocol
Officer Maggiulli appeared to follow standard National Highway Traffic Safety Administration (NHTSA) protocols. She demonstrated the tests clearly and gave the suspect multiple chances to correct her behavior (like moving her head during the eye test) before proceeding.
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5 FAQs focused on the events and facts of the case, unrelated to the specific legal charges:
Where specifically did this incident take place?
The traffic stop occurred at 99 Monmouth Street in Red Bank, NJ, which is the location of the famous Count Basie Theatre.
What unusual physical evidence was found trapped under the vehicle?
During the stop, the officer pointed out that the driver had run over a traffic cone, which was still stuck directly under the car’s wheel when they pulled over.
Who was the primary officer responding to the scene?
The incident was handled by Officer Grace Maggiulli (Badge #234) of the Red Bank Police Department.
How did the officer know the occupants had switched seats?
The officer witnessed the vehicle moving and saw the driver pull over. She explicitly stated on camera, “I was literally just told she was driving,” and noted that she saw the suspect in the driver’s seat before they switched.
What time did the incident occur?
The police report indicates the incident was received at 21:17 (9:17 PM) on June 16, 2023, meaning the events unfolded under the cover of darkness.
Conclusion & Current Status
The suspect was taken into custody and the case was marked as “Cleared by Adult Arrest” on June 16, 2023. The incident report lists the status as “Ready for DA” (District Attorney), indicating the police have forwarded the case for prosecution.
This Red Bank DWI arrest serves as a stark reminder: switching seats rarely fools law enforcement, especially when there is physical evidence—like a traffic cone under your tire—left behind.
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 bodycam transcripts.
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