Dover Police Use Force to Wake Sleeping Driver at Intersection, Arrest for DUI

DOVER — On Monday, July 15 at 2:35 p.m., Dover Police Department patrol units were dispatched to Prospect Street for a report of a man sleeping in his vehicle at a traffic light.

Dover Police Officers Kristopher Martinez and Francisco J. Aragon responded to the scene.

Upon arrival at the scene of the accident, Officer Aragon observed a gray Honda Civic stopped northbound on Prospect Street, near the intersection of West Blackwell Street.

Officer Aragon turned on the patrol vehicle’s lights and positioned the marked patrol vehicle with its front facing the car.

Officer Aragon then got out and walked to the driver’s door. Through the window he saw the figure of a person hunched over. It was difficult to see because of the dark tint of the glass. Officer Aragon knocked on the door window to get the person’s attention, but the attempt was unsuccessful.

Officer Aragon then tried to open the car door, but it was locked. Due to emergency conditions, the officer broke the glass of the driver’s door to open the door.

The driver later identified himself as Cristian F. Rojas Alvarez, 32, Dover.

After the officer opened the driver’s door, the driver woke up and the officer asked him to get out of the vehicle. After asking him to get out several times, the man did not get out. While speaking with the man, the officer noticed that his speech was slurred and that an odor of alcoholic flavoring was coming from his breath.

Officer Aragon then asked him if he had consumed any alcoholic beverages that day or if he had had one or two beers, and he said yes. I then asked him if he was sick or had any medical issues. He said, “I’m fine.” I then advised the district dispatcher to send the squad to my location.

As Rojas Alvarez exited the vehicle, he stumbled and regained his balance by holding onto the roof of the vehicle. Officer Aragon then asked him to follow him to the sidewalk; Rojas Alvarez remained with his vehicle and did not walk toward me as instructed. Officer Martinez then assisted him to the sidewalk. Once on the sidewalk, Officer Aragon asked him for his driver’s license, registration, and insurance. Rojas Alvarez then handed me his cell phone. Officer Aragon again advised me to get his documentation two more times. Rojas Alvarez did not comply with the officer’s instructions when he handed over his documentation.

Agent Aragon performed several field tests on Mr. Rojas Alvare to determine his sobriety, but he was unable to complete them.

After the field sobriety tests were administered, Officer Aragon told Rojas Alvarez that he was going to be arrested for DUI and/or drugs. Officer Martinez placed the handcuffs on his wrists behind his back and frisked him for contraband. The frisk returned negative results. Officer Martinez then placed him in the backseat of his patrol car and was transported to Dover Police Headquarters.

Dover Police Officer Bryan Flammia remained with his vehicle until it was towed and stored by Bunky’s Towing.

Mr. Rojas Alvare was served with the following summons on July 22 to appear in court:

•39:4-50 – Acting under the influence of alcohol or drugs
•39:4-97 – Reckless driving: likely to endanger persons or property
•39:3-29B – Not having a driver’s license
•39:3-29A – Not having a driver’s license
•39:3-29C – Not being in possession of a driver’s license insurance card
•39:4-56 – Slowing down traffic

Editor’s Note: Per court rules, we are required to include a statement stating the following: The charges set forth in this publication are merely accusations and the defendant and/or defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.