STATE OF NEW JERSEY VS. MICHAEL ESPOSITO (2015-022, ESSEX COUNTY AND STATEWIDE), A-5740-14T3

At ~3:00 a.m. on June 15, 2014, Officer Brogan stopped Esposito after observing a vehicle cross double yellow lines; Brogan observed bloodshot eyes, slurred speech, strong odor of alcohol, and failed three standardized field sobriety tests (HGN, walk‑and‑turn, one‑leg stand).
Brogan arrested Esposito, read the New Jersey Standard Statement advising of the statutory breath‑test requirement, and Esposito refused the breath test and requested an attorney.
A certified drug‑free school zone map placing the stop within the zone was admitted at trial as a business record; Brogan mapped the stop and his position within the zone.
Esposito testified and contradicted Brogan on material points (denied drinking, denied crossing lines, said sobriety tests were passed and performed on uneven ground, claimed officer told him he did not have to take the breath test) but admitted familiarity with the Standard Statement from a prior stop.
Municipal court found Brogan credible and Esposito not credible; the Law Division conducted a de novo trial, accepted those credibility findings, and convicted Esposito of DWI, DWI in a school zone, and refusal to submit to a breath test; license suspensions and other penalties were imposed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Date of offense proven	State relied on summons dated June 15 and officer testimony; date not material	Officer misstated date at trial (June 22); defective proof of essential element	No plain error; summons and defendant's admission established June 15; discrepancy immaterial
Foundation for school‑zone map	Map certified and Brogan testified it was a business record and located the stop	Map foundation inadequate (argued on appeal)	Waived by failure to object at trial; alternatively, State met burden and statute permits map evidence
Correct moving violation charged	State charged failure to keep right; sufficient to support stop	Should have been charged as failure to maintain lane (N.J.S.A. 39:4‑88)	Not reviewed—the issue wasn't appealed to Law Division, so appellate court declines review
Sufficiency of evidence for DWI/refusal	Officer observations, failed field tests, Standard Statement and expressed refusal support convictions	Defendant's testimony denied intoxication and claimed officer misinformed him	Affirmed: concurrent findings of credibility were reasonable; evidence supports convictions

State v. Johnson, 42 N.J. 146 (discussing review of trial court factual findings)
State v. Locurto, 157 N.J. 463 (deference to trial court credibility findings)
State v. Stas, 212 N.J. 37 (no deference on legal conclusions)
State v. Taffaro, 195 N.J. 442 (plain‑error standard)
State v. Robinson, 200 N.J. 1 (appellate courts decline issues not presented to trial court)