DOVER — Early Sunday morning, Denilson Benitez was arrested for driving while intoxicated (DWI) and possession of marijuana following a traffic stop on Prospect Street.
On July 28, at approximately 2:13 a.m., Dover Police Officer German Liranzo observed a gray Subaru with a noisy muffler speeding southbound on Prospect Street at 50 mph in a 25 mph zone. The vehicle was also being driven carelessly. Officer Liranzo initiated a traffic stop near Van Nostrand Avenue and Prospect Street. As the vehicle stopped, it scraped its passenger-side wheels against the curb.
Upon approaching the vehicle, Officer Liranzo spoke with the driver, Denilson Benitez, 39, Wharton. During the conversation, he detected the odor of an alcoholic beverage emanating from the car. Additionally, Officer Liranzo noticed burnt marijuana cigarettes in the driver-side door handle and marijuana shavings on Benitez’s jeans.
Officer Liranzo asked Benitez to step out of the vehicle. Initially, Benitez attempted to turn the vehicle on as if to drive away, prompting Officer Liranzo to order him to turn it off and exit the vehicle. Outside the vehicle, Benitez exhibited signs of intoxication, including bloodshot, watery eyes, and the smell of alcohol on his breath. Benitez admitted to having consumed one alcoholic drink earlier in the night.
Benitez consented to performing the Standardized Field Sobriety Tests (SFSTs), which were conducted on a flat surface. During the Horizontal Gaze Nystagmus test, Benitez failed to follow instructions. In the Walk and Turn test, he used his arms for balance, stepped off the line multiple times, improperly turned, and stopped walking. In the One Leg Stand test, Benitez swayed, used his arms for balance, hopped, and put his foot down once.
Based on his performance on the SFSTs, Benitez was arrested for DWI and placed in double-locked handcuffs. Officer Liranzo read him his Miranda Rights in Spanish, which Benitez understood. Before transporting Benitez, the patrol vehicle was searched and found to be contraband-free. Bunky’s Towing towed Benitez’s vehicle per John’s Law.
A subsequent search of Benitez’s vehicle revealed an open container of marijuana in the center console, an open White Claw can behind the front passenger seat, and a foam cooler box containing nine sealed White Claw alcoholic beverages.
Benitez was transported to Dover Police Headquarters for processing. Due to an inoperative Alcotest instrument at Dover, he was taken to the Wharton Borough Police Department. Benitez provided two breath samples, but the Alcotest control test failed, necessitating further testing at Rockaway Borough Police Department. There, Benitez’s breath samples indicated a blood alcohol concentration (BAC) of 0.12%.
Following the tests, Benitez was returned to Dover Police Headquarters, issued traffic summonses
•39:4-51B – Open Container Alcohol or Unseal Cannabis in Motor Vehicle
•39:4-50 – Operating Under Influence of Liquor or Alcohol
•39:8-1 – Failure to have an inspection
•39:3-70 – Noisy Muffler
•39:4-97 – Careless Driving
•39:3-40 – Driving after DL/Registration Suspended/Revoked
Benitez was released to a responsible party. He is scheduled to appear in court on August 5, 2024, at 12:30 p.m.
This incident highlights the dangers of impaired driving and the vigilance of local law enforcement in maintaining road safety.
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.
