STATE OF NEW JERSEY VS. TIMOTHY CHMIEL(16-015, MONMOUTH COUNTY AND STATEWIDE), A-5435-15T3

Defendant Timothy Chmiel pleaded guilty in municipal court to DWI (other charges dismissed) and was sentenced as a fourth-time offender; he did not appeal the conviction.
He later petitioned for post-conviction relief (PCR), claiming plea counsel was ineffective for failing to file a suppression motion challenging the motor vehicle stop.
Facts supporting the stop: a neighbor told Officer Olsen he saw defendant lying on the ground appearing intoxicated, then observed defendant drive a red Ford Explorer to a nearby convenience store; the neighbor reported this to police in person.
Officer Olsen located the described red Ford Explorer, observed defendant drive away, signaled with lights and then siren, and defendant did not stop until reaching his driveway; officer smelled alcohol and noted signs of intoxication.
The municipal court denied the PCR petition; defendant appealed to the Law Division, which also denied relief without an evidentiary hearing. Defendant appealed to the Appellate Division.
The court analyzed whether a suppression motion would have been meritorious (necessary to show counsel was ineffective), focusing on the informant’s reliability and corroboration of details.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plea counsel was ineffective for not filing a suppression motion challenging the stop	State: counsel was not ineffective because the stop was supported by reasonable and articulable suspicion based on a reliable citizen informant plus corroboration and defendant’s failure to stop	Chmiel: counsel should have moved to suppress the stop; without suppression, his guilty plea was tainted	Denied: no prima facie ineffective-assistance claim because a suppression motion would have been meritless; reasonable suspicion supported the stop

Strickland v. Washington, 466 U.S. 668 (established deficient-performance and prejudice test for ineffective assistance)
Cronic v. United States, 466 U.S. 648 (circumstances where prejudice may be presumed in counsel-performance analysis)
State v. Fritz, 105 N.J. 42 (New Jersey adoption of Strickland standard)
State v. Preciose, 129 N.J. 451 (burden and standards for obtaining an evidentiary hearing on PCR)
State v. O'Neal, 190 N.J. 601 (ineffective-assistance claim based on failure to file suppression motion requires showing the motion would have succeeded)
State v. Golotta, 178 N.J. 205 (standards for investigatory motor-vehicle stops and informant analysis)
State v. Amelio, 197 N.J. 207 (distinction and reliability considerations for citizen informants)
State v. Stovall, 170 N.J. 346 (totality-of-circumstances analysis for reasonable suspicion of intoxicated driving)
State v. Herrera, 211 N.J. 308 (defendant may not evade police and later rely on an unlawful stop to suppress evidence)