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Around 11:31 PM on June 23, 2022, Patrolman Nicholas Giamello with the Evesham Township Police Department responded to a call of a motor vehicle accident in the vicinity of Evans Road and Erindale Drive. As he arrived on scene, he observed a disabled 2015 Infiniti with airbag deployment on the grassy portion. Patrolman Giamello noticed that there were empty wine bottles inside the vehicle, and the occupants of the vehicle were nowhere in sight. A few moments later, the officers were approached by a homeowner of a nearby residence who had taken the driver and passenger inside. He entered the residence and made contact with the driver, who was identified as 22-year-old Cecily O’Brien. As he began to interact with the driver, he noticed that her speech was slurred and he detected the odor of alcohol on her person.

Cecily told the officer that they were coming from Philadelphia and that they were heading home. Patrolman Giamello asked her if she had consumed any alcohol, and she admitted to drinking vodka earlier that night. Based upon his suspicion of impairment, he offered Cecily an opportunity to participate in field sobriety exercises.

Sergeant Laura Paul started with the Horizontal Gaze Nystagmus (HGN) test. Sergeant Paul observed the lack of smooth pursuit and distinct and sustained nystagmus at maximum deviation in both eyes, along with the onset of nystagmus prior to 45 degrees in her right eye. The second exercise was the Walk and Turn test. During the Walk and Turn test, Cecily did not walk heel-to-toe in a straight line and turned on her right foot instead of her left one. The third exercise was the One Leg Stand test, and Cecily used her arms for balance while failing to count in the correct sequence.

Based on her slurred speech, the odor of alcohol on her person, and her inability to adequately complete the field sobriety exercises, Patrolman Giamello placed Cecily under arrest for driving under the influence. Sergeant Paul searched her before Cecily was placed in the patrol car. Her vehicle was impounded for a mandatory 12-hour hold under John’s Law. Patrolman Giamello subsequently transported Cecily to the Evesham Township Police Department for processing.

At police HQ, Cecily was read her Miranda rights along with the Standard Statement for Motor Vehicle Operators. Cecily waived her Miranda rights and agreed to submit breath samples. Her Alcotest results indicated a BAC of 0.16%, which is double the legal limit of 0.08%. After Cecily was processed, she was released to her mother at 1:43 AM on June 24th pending her court appearance after she signed the Potential Liability Warning form on Cecily’s behalf. Patrolman Giamello issued her the following summonses: Operating under the influence, reckless driving, careless driving, and leaving the scene of an accident

Court records indicate that on October 13, 2022, Cecily pleaded guilty to operating under the influence. She was ordered to spend 12 hours at an intoxicated driver resource center, use an ignition interlock device for 3 months, and pay a total of $790 in fines. The other 3 citations were dismissed as part of the plea agreement. 
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