A Sea Bright NJ BMW DUI Investigation began the moment an officer spotted a driver holding a joint in broad daylight.
The incident took place in Sea Bright, New Jersey, and has since gone viral due to the driver’s unique defense and professional background. The suspect, identified as 37-year-old Sharif Mowad, claimed his erratic driving was caused by local potholes, not the marijuana found in his cup holder.
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Watch: Sea Bright NJ BMW DUI Investigation Caught on Camera
Note: Pay close attention to the timestamp at 00:16:34 where the suspect questions the “objectivity” of the field sobriety tests.
Full Story: How the Incident Unfolded
Officer Al Staats was parked on the ramp of the Sea Bright Fire House on September 29, 2025. He watched a green BMW drive past with its windows down and sunroof wide open.
The officer reported seeing the driver holding what appeared to be a joint in his right hand. Staats pulled out and began following the vehicle northbound on Ocean Avenue.
As the BMW approached the turn for Rumson Road, the officer could smell the distinct odor of burnt marijuana in the air. The BMW then swerved over the double-yellow lines twice while navigating curves.
Officer Staats activated his emergency lights and conducted a traffic stop on Rumson Road. The driver, Sharif Mowad, immediately asked if he was being detained.
“You came over the bridge, you swerved over the double yellow,” Officer Staats told him during the Sea Bright NJ BMW DUI Investigation. Mowad replied that he had just had two flat tires in that town.
Mowad claimed he was “dodging manhole covers” and potholes because of his previous car damage. He even offered to show the officer a video on his phone to justify his driving style.
Detective Taylor arrived to assist and noted a joint sitting in a “Melonhead” cup in the center console. The cup still had ice in it, suggesting it had been used recently.
Mowad admitted he had smoked at 9:00 AM that morning but denied smoking in the car. He described himself as a self-employed consultant who works on anti-terrorism technology for banks.
During the field sobriety tests, Mowad told officers he felt the tests were “unfair” for someone approaching 40. He successfully recited the alphabet from A to Z but struggled with balance tests.
Despite the smell of marijuana, Mowad’s chemical breath test resulted in a 0.00% BAC. This led police to call in a Drug Recognition Expert (DRE) from Monmouth Beach.
The Arrest: Charges Against Sharif Mowad
| Charge | Simple Explanation | Potential Penalty (US) |
| 39:4-50 | Driving While Intoxicated | Fines, license loss, possible jail |
| 39:4-88 | Marked Lane Violation | Fines and points on license |
| 39:4-96 | Reckless Driving | Fines, points, or jail time |
| 39:3-29 | Failure to Possess Registration | Small fine and court costs |
| 39:8-6 | Inspection Violation | Fines for expired sticker |
| 39:4-51b | Open Container (Unsealed Marijuana) | Fines for open intoxicants in vehicle |
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Legal Analysis: Was the Sea Bright NJ BMW DUI Investigation Justified?
From a legal standpoint, the initial stop appears justified under the Fourth Amendment. The officer’s visual observation of a joint and the smell of burnt marijuana provided reasonable suspicion.
Standard police protocol was followed when the DRE was called after the 0.00% breathalyzer result. Because Mowad showed physical signs of impairment but no alcohol presence, an expert was needed to confirm drug use.
A major conflict arose when Mowad refused to provide urine or blood samples, citing religious purposes. However, New Jersey law allows for telephonic warrants in these cases.
Judge Newman granted a warrant for a blood draw after being briefed by the Assistant Prosecutor. This allowed the medical staff at Monmouth Medical Center to legally take the sample.
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Here are 5 Frequently Asked Questions (FAQs) that are indirectly related to the charges
Can you still be charged with a DUI if your Blood Alcohol Content (BAC) is 0.00%?
Yes. In New Jersey, a Driving While Intoxicated (DWI) charge under statute 39:4-50 applies to impairment by alcohol or drugs. Even if a breathalyzer shows no alcohol in your system, officers can proceed with an arrest if they observe physical signs of impairment or find narcotics in the vehicle.
How does a Drug Recognition Expert (DRE) impact a traffic case?
A DRE is a specially trained officer called in when a driver appears impaired but passes a breathalyzer test. Their evaluation—which includes eye exams, vital signs, and physical coordination tests—is used as expert testimony to identify the specific category of drug causing the impairment, such as cannabis.
Can a “pothole defense” successfully explain away erratic driving?
While drivers are allowed to swerve to avoid road hazards, the defense often fails if the maneuvers are frequent or happen in areas without documented road damage. In this case, the suspect claimed he was “dodging manhole covers” due to recent flat tires, but the officer maintained that the swerving crossed double-yellow lines multiple times.
Do religious objections protect a driver from a mandatory blood draw?
Not typically. While a driver may refuse a blood or urine sample for religious reasons, New Jersey law allows police to contact a judge for a telephonic warrant. Once a warrant is granted, the blood draw is no longer consensual and can be performed legally by medical staff.
What is the “Open Container” law regarding cannabis in a vehicle?
New Jersey statute 39:4-51b prohibits having an unsealed or “open container” of an intoxicant in the passenger area. In this case, because a joint was found sitting openly in a plastic “Melonhead” cup in the center console rather than in its original sealed packaging, it qualified as a violation.
Conclusion & Current Status
The Sea Bright NJ BMW DUI Investigation concluded with Mowad being processed and later released. He was released into the custody of his father, Mohamed Mowad, after the blood draw was finished.
The final results of the blood test will likely determine the outcome of the DUI charge in court. Sharif Mowad currently awaits his scheduled court date.
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.
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