The Waldwick NJ Driving While Intoxicated Arrest of 33-year-old Babita Panwala began with a simple equipment oversight and ended in a flurry of handcuffs and criminal summonses.
Just after 1:30 AM on August 24, 2025, what was supposed to be a routine drive home turned into a legal nightmare on the streets of Waldwick, New Jersey.
This case has sparked local interest due to the driver’s repeated attempts to negotiate with officers and her eventual refusal to provide breath samples at police headquarters.
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Watch: Waldwick NJ Driving While Intoxicated Arrest Caught on Camera
Note: Pay close attention to the timestamp at 00:16:46 where the situation escalates as the driver fails the finger dexterity test and begins questioning the officer’s transition to a full field sobriety investigation.
Full Story: How the Incident Unfolded
The incident began when Officer Edwin Sherman of the Waldwick Police Department was patrolling near the Home Hardware on Franklin Turnpike.
He spotted a green Kia Telluride traveling north with its headlights on, but its rear tail lamps were completely dark.
Officer Sherman noted this was a major safety hazard for other drivers and followed the vehicle as it turned onto East Prospect Street.
The Initial Stop
When the officer approached the driver’s side window, he immediately detected a “strong odor of an alcoholic beverage” coming from the car.
The driver, Babita Panwala, appeared confused, initially stating she was driving to “Waldwick” before correcting herself to say “Grove Street”.
She claimed she had just dropped off a friend in Ho-Ho-Kus and insisted the smell was from her friend’s drinking, not her own.
The Tests Begin
Officer Sherman administered two non-invasive tests while Panwala was still inside the vehicle.
While she successfully recited the alphabet from ‘d’ to ‘p’, she struggled significantly with a finger dexterity test.
She failed her first attempt at counting her fingers against her thumb, leading the officer to order her out of the vehicle for Standardized Field Sobriety Tests (SFSTs).
Escalation on the Sidewalk
The situation grew tense as Panwala’s husband, Partha Panwala, arrived on the scene.
Officers had to keep him across the street while Babita Panwala became increasingly argumentative.
During the “Walk and Turn” test, she started too soon, missed heel-to-toe steps, and turned improperly.
Finally, during the “One Leg Stand,” she refused to keep her arms at her side and failed to count aloud as instructed.
By 2:02 AM, Officer Sherman determined he had enough evidence to place her under arrest.
The Arrest: Charges Against Babita Panwala
Following the Waldwick NJ Driving While Intoxicated Arrest, Panwala was transported to headquarters where she allegedly gave “non-answers” when asked to provide a breath sample. Her refusal led to additional serious charges.
| Charge | Simple Explanation | Potential Penalty (US) |
| 39:4-50 (DWI) | Operating a vehicle while under the influence of alcohol. | License suspension, heavy fines, and possible jail time. |
| 39:4-50.4A (Refusal) | Refusing to submit to a chemical breath test. | Mandatory license revocation and installation of ignition interlock. |
| 39:4-97 (Careless Driving) | Driving in a manner likely to endanger persons or property. | Fines and points on driving record. |
| 39:3-47A (Lamp Failure) | Operating a vehicle without required lights. | Fine and equipment repair order. |
| 39:4-50.2 (Consent) | Violation of the implied consent law for breath samples. | Administrative penalties and fines. |
Legal Analysis: Was the Waldwick NJ Driving While Intoxicated Arrest Justified?
As a legal observer, this case follows a textbook progression of a New Jersey DWI investigation.
Fourth Amendment Check: The initial stop was legally sound based on the violation of New Jersey Statute 39:3-47A (Failure to use lighted lamps). Under the Fourth Amendment, a police officer only needs “reasonable suspicion” of a traffic violation to initiate a stop.
Police Protocol: Officer Sherman followed standard NJ Attorney General guidelines by:
- Identifying the odor of alcohol.
- Utilizing standardized tests (HGN, Walk and Turn, One Leg Stand).
- Reading the Standard Statement for breath samples at headquarters.
The driver’s admission at headquarters that she drank “2 consecutive tequila shots” earlier in the evening further solidified the probable cause for the arrest.
[Read more Evidence Decode investigations here]
Frequently Asked Questions (FAQ)
How does an equipment failure like a dark tail lamp lead to a DWI arrest?
Police have the legal right to stop any vehicle for equipment violations. Once stopped, if an officer observes signs of impairment—such as the odor of alcohol or slurred speech—they can expand the stop into a DWI investigation.
Can a driver refuse to perform the physical field sobriety tests?
While the transcript shows the driver questioned the tests, she ultimately complied with the officer’s commands. In NJ, refusing these tests doesn’t carry the same automatic penalties as refusing a breathalyzer, but it can be used as evidence of consciousness of guilt in court.
What are the consequences of giving “non-answers” to a breath test request?
New Jersey law treats anything other than an unequivocal “yes” as a refusal. By giving non-answers or staying silent, a driver can be charged with Refusal to Submit to Chemical Testing (39:4-50.4A).
Does a driver have the right to have their husband present during sobriety testing?
The driver’s husband arrived during the testing, but for safety and procedural integrity, officers kept him separated on the sidewalk across the street. Family members generally do not have a legal right to interfere with or participate in an active police investigation on the roadside.
How does a prior “clean” driving record affect a roadside DWI investigation?
The driver mentioned she had no history of this and valued her license, but officers are trained to focus solely on the immediate indicators of impairment (like nystagmus or balance issues) during the stop, regardless of the driver’s past record.
Conclusion & Current Status
Babita Panwala was processed and later released to the custody of her husband.
However, her legal battle is just beginning. She is scheduled to appear in Waldwick Municipal Court on September 8, 2025, at 5:00 PM to answer for the five summonses issued.
The refusal charge (39:4-50.4A) is often harder to fight than the DWI itself in New Jersey, as the state operates under “implied consent” laws.
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 from the Waldwick Police Department.
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