Around 1:01 AM on March 16, 2023, Patrolman Dan Massuda of the Edgewater Police Department was dispatched to the scene of a motor vehicle accident on 1111 River Road. When he arrived, he noticed that a 2021 Mercedes had struck a 2018 Hyundai Sonata that had been parked on the street. The driver of the Mercedes, 40-year-old Rosymari Lantiguamodesto, exhibited signs of impairment. The officer also detected the odor of alcohol inside the vehicle. The driver did not seem to be fluent in English, so the officer radioed for Patrolman Ricardo Hernandez to assist with translating. Patrolman Michael Colon also arrived on scene to attempt to make contact with the owner of the Hyundai. Based on his suspicion of impairment, he offered Rosymari an opportunity to perform field sobriety exercises. The first exercise involved the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Patrolman Massuda observed the lack of smooth pursuit and distinct and sustained nystagmus at maximum deviation. The second exercise was the Walk and Turn test. During this exercise, Rosymari did not walk heel-to-toe, failed to turn, and continued to walk until she was instructed to stop. The third exercise was the One Leg Stand test, and Rosymari continued to ignore the officer’s instructions. The officer ultimately made the judgment call to terminate the test given her inability to follow the instructions along with her refusal to cooperate. Based on her admission to coming consuming alcohol, her incoherent speech, and her inability to adequately complete the field sobriety exercises, Officer Massuda placed Rosymari under arrest for driving under the influence. After she was placed under arrest, her vehicle was searched. A tow truck driver from Sano’s Towing arrived on scene to impound the vehicle for a mandatory 12-hour hold under John’s Law. Rosymari was initially transported by Officer Massuda to Edgewater Police Headquarters. Assisted by Patrolmen Hernandez and Colon, she was provided with a Spanish copy of the New Jersey Standard Statement for Motor Vehicle Operators form. Rosymari subsequently answered several questions that were asked by Patrolman Massuda and initially agreed to submit breath samples for testing. She admitted to consuming alcohol earlier that night at Blu on the Hudson, a restaurant in Weehawken, New Jersey. Since their breathalyzer machine was not functioning, Patrolman Massuda and Patrolman Colon transported Rosymari to the Fairview Police Department in a nearby town. Patrolman Colon began to administer the breathalyzer test, but Rosymari was uncooperative and unable to provide adequate breath samples. After multiple attempts, Rosymari was charged with refusal to provide breath samples. After they unsuccessfully attempted to administer the breathalyzer test in Fairview, Rosymari was transported back to Edgewater Police Headquarters and released to a friend after she signed the Potential Liability Warning form on Rosymari’s behalf. Officer Massuda issued Rosymari the following summonses: Operating under the influence, refusal to submit to chemical test, consent to take samples of breath, and careless driving. --------------------------------------------------------------- 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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