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Dover Police Use Force to Wake Driver Sleeping at Intersection, Make DUI Arrest

Police Break Window to Arrest Sleeping Driver for DUI in Dover

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DOVER — On Monday, July 15, at 2:35 p.m., Dover Police Patrol units were dispatched to Prospect Street for a report of a male sleeping in his vehicle at the traffic light.

Dover Police Officers Kristopher Martinez and Francisco J. Aragon responded to the scene.

Upon arrival at the scene, Officer Aragon observed a gray Honda Civic stopped northbound on Prospect Street at the intersection with West Blackwell Street.

Officer Aragon activated the overhead patrol vehicle lights and positioned the marked patrol vehicle facing the front of the car.

Officer Aragon then stepped out and approached the driver’s side door. Through the window, he could see the figure of a person leaning over. It was difficult to see due to the dark window tint on the glass. Officer Aragon knocked on the door window to get the person’s attention, but the attempt was unsuccessful.

Officer Aragon then attempted to open the car door, but it was locked. Due to emergent circumstances, the Officer broke the driver’s side door glass to open the door.

The driver later identified himself as Cristian F. Rojas Alvarez, 32, Dover.

After the officer opened the driver’s side door, the driver woke up, and the officer asked him to step out of the vehicle. After asking him to step out multiple times, the male did not get out. While speaking to the male, the officer noticed his speech was slurred and the odor of alcoholic flavorings emanating from his breath.

Officer Aragon then asked him if he had any alcoholic beverages that day or if he had one or two beers, and he said yes. I then asked him if he was sick or had any medical issues. He said, “I’m O.K.” I then advised the county dispatcher to send the squad to my location.

When Rojas Alvarez stepped out of the vehicle, he stumbled and regained his balance by holding on to the vehicle’s roof. Officer Aragon then asked him to follow him to the sidewalk; Rojas Alvarez remained by his vehicle and did not walk in my direction as instructed. Officer Martinez then assisted him to the sidewalk. Once on the sidewalk, Officer Aragon asked him for his driver’s license, vehicle registration, and insurance. Rojas Alvarez then handed me his cell phone. Officer Aragon advised once again for his documentation two more times. Rojas Alvarez did not comply with the officer’s instructions when handing over his documentation.

Officer Aragon performed various field sobriety tests on Mr. Rojas Alvare, which he was unable to complete.

After the field sobriety tests were performed, Officer Aragon advised Rojas Alvarez he was going to be placed under arrest for driving under the influence of alcohol and/or drugs. Officer Martinez placed the handcuffs on his wrists behind his back and searched him for contraband. The search yielded negative results. Officer Martinez then placed him in the backseat portion of his patrol vehicle and was transported to Dover Police headquarters.

Dover Police Officer Bryan Flammia remained with his vehicle until it was towed and stored by Bunky’s Towing.

Mr. Rojas Alvare was issued the following summons with a court appearance on July 22:

•39:4-50 – Operating under the influence of liquor or drugs
•39:4-97 – Careless Driving: Likely to endanger person or property
•39:3-29B – Failure to possess driving registration
•39:3-29A – Failure to possess a driving license
•39:3-29C – Failure to possess driving insurance card
•39:4-56 – Delaying Traffic

Editors Note: The court’s rules require us to include a statement that states: The charges outlined in this publication are merely accusations, and the defendant and/or defendants are presumed innocent unless and until proven guilty beyond reasonable doubt.

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Frank Cahill
Frank Cahillhttps://www.frankcahill.com
Publisher of Parsippany Focus since 1989 and Morris Focus since January 1, 2019, both covering a wide range of events. Mr. Cahill serves as the Executive Board Member of the Parsippany Area Chamber of Commerce, Governor-Elect NJ District Kiwanis International and Chairman of the Parsippany-Troy Hills Economic Development Advisory Board.
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