A New Jersey man was taken into custody on Feb. 14 hours after an alleged
drunk driving incident in Sparta. According to police, the man and a friend
returned to the site in the early morning hours and started pouring water
on the road site.
According to the police, the men were taken into custody after a police
officer noticed one of them walking on the road around 2:45 a.m. Both
men are facing charges of driving while intoxicated while the man who
police said hit a guardrail is charged with leaving the scene of a crash
and not reporting it, failing to halt at a stop sign and disorderly conduct.
The initial accident reportedly happened on Sawmill and Woodport Roads
when the late model BMW failed to stop and crashed into a guardrail. According
to a police report, the driver left and returned with a friend several
hours later in the other man's vehicle. Allegedly, the men poured
water on the roadway from plastic containers they had in the car. Because
of the low temperature, the water froze. Police say that the men wanted
to create the illusion that black ice had caused the accident. After noticing
one man walking around, police searched the second man's vehicle and
found jugs containing water.
In an incident similar to this, it may be difficult to prove a driver was
intoxicated at the time of the initial incident.
Breathalyzer tests, used to document the blood alcohol content, reflect the driver's
degree of intoxication when the test is taken. If the test is delayed,
it may not reflect whether drunk driving was involved.
Speaking with an attorney may be beneficial since the attorney might review
police records to determine if proper protocol was followed. If it was
not, the attorney may challenge the charges in court.
Source: NJ.com, "N.J. man poured water on road to make it look like black ice caused his
DWI crash, cops say," Jeff Goldman, Feb. 16, 2015