DOVER — On Monday, August 12, 2024, at 1:56 a.m., Dover Police Officer German Liranzo observed a black Honda Accord traveling southbound on South Morris Street. The vehicle was pulled over after it was noticed that the rear license plate lights were not functioning. The officer conducted the stop near the intersection of West Chrystal Street and Searing Lane. As the vehicle pulled over, it began to reverse unsafely toward the patrol car, forcing the officer to sound the emergency horn. Despite this, the vehicle continued to reverse, and the officer had to put the patrol car in reverse to avoid a collision.
The officer then approached the driver, Kevin Gonzalezmarin, 20, from Dover, and informed him of the reason for the stop. While speaking with Mr. Gonzalezmarin, the officer detected the smell of alcohol coming from inside the vehicle and noticed that the driver’s eyes were bloodshot and watery. When asked, Mr. Gonzalezmarin admitted to having “two small drinks.” He also stated that he was not on any medication and had no vision problems, though he mentioned an old soccer injury to his left foot.
Mr. Gonzalezmarin was then asked to leave the vehicle and perform standardized field sobriety tests. The tests were conducted on a flat surface with no obstructions, and the driver was given clear instructions, which he confirmed he understood. During the tests, Mr. Gonzalezmarin exhibited several signs of impairment. In the Horizontal Gaze Nystagmus test, he showed distinct Nystagmus at maximum deviation and onset Nystagmus before reaching 45 degrees. He missed heel-to-toe steps and turned improperly during the Walk-and-turn test. Lastly, in the One-Leg Stand test, he swayed from front to back, used his arms for balance, and placed his foot down.
Based on these observations, Mr. Gonzalezmarin was arrested for driving while intoxicated. He was handcuffed and informed of his Miranda rights in Spanish, which he understood. His vehicle was released to his mother, Luz Marin Cardona, and a search of the vehicle did not yield any intoxicants.
Mr. Gonzalezmarin was then transported to Dover Police Headquarters for processing. During processing, he admitted to taking medication for his left foot before drinking alcohol. As the Dover Police Department’s breathalyzer machine was out of order, he was taken to the Rockaway Borough Police Department, but the machine there also malfunctioned. They arrived at Randolph Police Department, where Mr. Gonzalezmarin provided two valid breath samples. The results showed a blood alcohol content of 0.04 percent.
Mr. Gonzalezmarin was issued the following summons:
•39:3-13.4(B) – Probationary Licensee-too many passengers-after hours
•39:3-66 – Maintenance of Lamps
•49:4-50 – Operating under the influence of liquor or drugs
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.
