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Around 2:14 AM on April 22, 2022, Officers Daniel Grossi and Daniel Barron of the Hoboken Police Department were assigned to patrol the Housing District in Hoboken and they observed a westbound 2013 Hyundai Elantra driving in the wrong direction on Paterson Avenue. They proceeded to initiate a traffic stop, and the vehicle stopped in front of 59 Paterson Avenue. After the vehicle stopped, the officers noticed that the driver and passenger immediately switched places in the vehicle, which seemed rather unusual. They proceeded to make contact with 20-year-old Rosa Taveras in the passenger seat, since she was the one operating the vehicle.

As they began to speak with Rosa, Officer Grossi noticed that her eyes were watery and he detected the odor of an alcoholic beverage. He asked Rosa for her license, but she was only able to provide her insurance. He radioed for an additional unit to respond to the scene while they administered field sobriety tests, and Officers Cruzado and Straten arrived shortly afterwards. Based on his suspicion of impairment, Officer Grossi asked Rosa to exit the vehicle and perform field sobriety exercises. While she had initially denied having consumed alcohol, she later admitted to having consumed one drink of corona in the hours prior.

The first field sobriety exercise was the Horizontal Gaze Nystagmus (HGN) test. During the HGN test, Officer Grossi noticed a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and the onset of nystagmus prior to 45 degrees in both eyes. The second exercise was the Walk and Turn test. During the Walk and Turn test, Rosa failed to walk heel-to-toe and displayed a lack of balance. The third exercise was the One Leg Stand test. During the One Leg Stand test, Rosa was swaying back and forth and she failed to raise her foot as instructed.

Based on her erratic driving and her inability to adequately complete the field sobriety exercises, Officer Grossi placed Rosa under arrest for driving under the influence. A search of her vehicle did not reveal any contraband. Rosa was transported to the Hoboken Police Department for initial processing. Officer Cruzado, who is certified to administer the Alcotest machine, read Rosa the Standard Statement for Motor Vehicle Operators at police HQ and she agreed to provide breath samples. However, she did invoke her Miranda rights and refused to answer questions related to her arrest.

Officer Cruzado administered the Alcotest machine after a 20-minute observation. Rosa’s Alcotest results indicated a BAC of 0.14%, which is nearly double the legal limit of 0.08% and 7 times legal limit of 0.02% for motorists under the age of 21. After Rosa was processed, she was released to her boyfriend after he signed the Potential Liability Warning form on her behalf. Officer Grossi issued Rosa the following summonses: Operating under the influence, operating under the influence underage, reckless driving, and wrong way on one-way street.

Court records indicate that on September 14, 2022, Rosa was found guilty of reckless driving and she was fined a total of $240. The other citations were all dismissed as part of a plea agreement. 
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