Around 3:52 AM on October 7, 2023, Patrolmen Anthony Ferrulli and Evan Migliore with the Rochelle Park Police Department responded to a report of a motorist who had fallen asleep at the intersection of Railroad Avenue and Rochelle Avenue. As their patrol cars approached his vehicle, he awakened and turned north onto Rochelle Avenue. Patrolman Ferrulli initiated a traffic stop on Rochelle Avenue. After asking for his driver’s license, he identified him as Jorge Martinez. Jorge Martinez is currently a member of the Rochelle Park Board of Education, and he was also running as a Democratic candidate for the Rochelle Park Township Committee at the time. Patrolman Migliore subsequently took over the stop and began his DWI investigation. Jorge was asked where he was coming from and where he was headed. Jorge claimed that he was coming from his friend’s house in Elmwood Park and he was headed home. He denied consuming any alcohol in the hours prior, but the officers detected the odor of alcohol on his person and noticed that his eyes seemed watery and bloodshot. Based on their suspicion of impairment, Jorge was offered an opportunity to complete field sobriety exercises. Patrolman Migliore started with the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Patrolman Migliore observed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees. The second exercise was the Walk and Turn test. During the Walk and Turn test, Jorge did not walk heel-to-toe on all steps and took an incorrect number of steps. The third exercise was the One Leg Stand test, and Jorge failed to raise his foot in the proper fashion while displaying a lack of balance. Based on him falling asleep behind the wheel, the odor of alcohol on his person, his physical appearance indicating impairment, and his inability to adequately complete the field sobriety exercises, Patrolman Migliore placed Jorge under arrest for driving under the influence. His vehicle was searched and impounded for a mandatory 12-hour hold under John’s Law. Patrolman Migliore subsequently transported Jorge to the Rochelle Park Police Department for initial processing. At police HQ, Jorge was read the Standard Statement for Motor Vehicle Operators and refused to submit breath samples for testing. After Jorge was processed, he was released to his wife pending his court appearance after she signed the Potential Liability Warning form on his behalf. Patrolman Migliore issued him the following summonses: Operating under the influence, refusal to submit breath samples, careless driving, and obstructing passage of other vehicles --------------------------------------------------------------- Please LIKE, SUBSCRIBE, and consider supporting this channel (email us for more information). Donations will be used to acquire more public footage related to law enforcement activities. Our content is educational and in compliance with YouTube's Fair Use Policy because we edit several long clips into a concise story. This is similar to other law enforcement channels on YouTube. All videos and case documents were obtained pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (P.L. 2001, c. 404). Defendants are considered innocent until proven guilty. The New Jersey Supreme Court has previously affirmed in Salzano v. North Jersey Media Group, 993 A.2d 778 (2010) that “The fair-report privilege reflects the judgment that the need, in a self-governing society, for free-flowing information about matters of public interest outweighs concerns over the uncompensated injury to a person's reputation.” This video advances a compelling public interest. The summary of events was based on records that are “open to public view through open access to public records” as defined in the Salzano case. In Ramos v. Flowers, 429 N.J. Super. 13, the Appellate Division of the Superior Court has also affirmed the right to film law enforcement interactions.

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