Local Man Loses Drunk Driving Appeal

OCEAN CITY — Despite being a “local,” an Ocean City man lost a recent drunk driving appeal related to an incident in which he allegedly urinated in a Wawa convenience store parking lot before striking parking poles with his car while attempting to drive away.
Joseph R. Daley was arrested on April 30, 2007 and charged with careless driving, driving while intoxicated (DWI) and refusal to submit to a breath test.
Daley was convicted in both Ocean City Municipal and Cape May County Superior Courts and sentenced as a third-time offender to a 10-year license suspension, fines and 180 days of incarceration, 90 days of which in an inpatient rehab center.
According to court documents, a man who was at the Ocean City Wawa with his wife and young son witnessed Daley stumbling, struggling to maintain his balance and then urinating on the ground at approximately 8:45 p.m.
After exchanging words with the man, Daley got in his vehicle, put it in gear and struck parking poles while trying to drive away. The witness, however, was able to snatch Daley’s car keys and keep them from him while police were notified.
Officer James Sampson responded to the scene and described Daley as having “an overwhelming odor of alcohol” on his breath. He was unable to stand on one leg in a field sobriety test, falling immediately, the officer said. At trial, Sampson added that the defendant’s eyes were watery and bloodshot, his face was flushed, his speech was slow, slurred and rambling, and he was crying.
After Daley was arrested and read his Miranda rights, he blurted out: “Okay, I was driving and I had a few beers, but I’m a local and I know everyone. Why do we have to do this?”
At police headquarters, Daley failed to blow hard enough into the breathalyzer machine when given two opportunities by Sampson. Daley repeated several times his claim of being a “local” and admitted to drinking beer.
At trial, however, Daley claimed his actions had been the result of residual effects of a traumatic brain injury he suffered in a 1994 moped accident. At trial, two physicians testified that Daley’s actions could have been the result of this condition.
The trial courts rejected that argument.
“But even if accepted at face value (the doctors’ testimony) do not explain all of the conduct on the part of this defendant, including his comments found in this particular record, all of which is consistent with consumption of alcohol to such excess as deleteriously affects one’s ability to operate safely a motor vehicle,” said Superior Court Judge Raymond Batten.
“So, the court enters a finding of guilty on any reasonable doubt with regard to the (DWI offense).”
On March 18, Appellate Judges Michael Winkelstein and Jose Fuentes sided with Batten on appeal.
“The record fully supports Judge Batten’s findings that defendant was under the influence of intoxicating liquor during the incident at Wawa…the record fully supports defendant’s DWI conviction,” the judges wrote.
The judges also found that Daley’s refusal to submit to the breath test conviction was correct.
“Officer Sampson adequately informed defendant of the consequences of failing to take the test, telling him that if he refused to take the test, which was required by law, he would be charged with a violation of the statute,” they wrote.
Contact Hart at (609) 886-8600 Ext 35 or at: jhart@cmcherald.com