STATE OF NEW JERSEY VS. AMY BLOODWORTH (6076, PASSAIC COUNTY AND STATEWIDE), A-2570-15T2

On Feb. 2, 2015, officers responded to a Jeep lodged in a snowbank after neighbors heard a crash; residents saw the driver (Bloodworth) reverse into the bank and then spin the wheels while slumped over the wheel. Residents assisted Bloodworth from the driver’s side.
Officer Arthur found Bloodworth about four feet from the vehicle, swaying, with a strong odor of alcohol, slurred speech, glassy/dazed appearance, an open container in the vehicle, and a half-empty bottle in her purse.
Bloodworth declined to perform field sobriety tests, was arrested, taken to headquarters, and refused to provide a breath sample by saying “no” and shaking her head. A Drunk Driver Observation Report documented alcohol odor, watery/bloodshot eyes, difficulty walking, and difficulty awakening.
Municipal court convicted Bloodworth of DWI, refusal to submit to a breath test, and open container; she received jail time, license suspension, ignition interlock, IDRC treatment, and fines. The Law Division affirmed after a de novo hearing; Bloodworth appealed.
Appellate review was limited to whether the Law Division’s findings could reasonably be reached on sufficient credible evidence and whether ineffective-assistance claims were reviewable on the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether State proved operation while intoxicated	Observational and circumstantial evidence (slumped over wheel, residents’ testimony, officer observations) proved operation and intoxication	Evidence insufficient to prove operation or intoxication beyond a reasonable doubt	Affirmed: credible eyewitness and officer observations supported operation and intoxication findings
Whether State proved refusal to submit a breath test	Officer read the statutory/AG statement; defendant unequivocally declined by saying “no” and shaking her head	Defendant claims no valid refusal or deficiencies in how test was requested/informed	Affirmed: elements for refusal satisfied (probable cause, arrest, request and advisement, and defendant’s refusal)
Whether counsel was ineffective for failing to investigate/raise defenses	State contends claims require evidence outside the trial record and are more appropriate for PCR	Trial counsel failed to investigate alternate driver defenses and failed to move to dismiss for discovery defects	Not addressed on merits: claims preserved for post-conviction relief because they depend on facts outside the record
Whether credibility/inconsistencies required reversal	State relies on Law Division’s credibility determinations based on the record	Defendant argues officer testimony and reports were inconsistent and unreliable	Affirmed: appellate court defers to trial judge’s credibility findings when supported by the record

State v. Tischio, 107 N.J. 504 (broad interpretation of "operate" under DWI statute)
State v. Sweeney, 40 N.J. 359 (operation includes intent to move a vehicle while in the driver’s seat)
State v. Marquez, 202 N.J. 485 (elements required to prove refusal to submit to chemical test)
State v. Liberatore, 293 N.J. Super. 580 (observational evidence may establish intoxication absent breath test)
Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)