Crime & Safety

DWI Charges Dropped Against Paul Moriarty

A judge agrees the 4th District state assemblyman was stopped unconstitutionally by a police officer who is now charged with official misconduct.

Calling it “fruit of the poisonous tree,” Gloucester County prosecutors dismissed drunken-driving charges against state Assemblyman Paul Moriarty Tuesday.

Moriarty, a 4th District Democrat, had fought allegations he was driving drunk from the moment of his July 31, 2012, arrest. Moriarty immediately maintained he had not been drinking and that the arresting officer, Washington Township Patrolman Joseph DiBuonaventura, abused his power.

The tables eventually turned on DiBuonaventura, who was suspended from the force and recently indicted on a slew of charges, including official misconduct, stemming from the arrest.

Find out what's happening in Gloucester Townshipwith free, real-time updates from Patch.

On Tuesday, Superior Court Judge M. Christine Allen-Jackson dismissed the charges against Moriarty following a motion by the Gloucester County Prosecutor’s Office. The New Jersey attorney general also reviewed the matter and supported the prosecutor’s office in the dismissal.

Three charges against Moriarty were dismissed: driving while intoxicated, refusal to submit to a chemical test (a Breathalyzer) and traffic on marked lanes.

Find out what's happening in Gloucester Townshipwith free, real-time updates from Patch.

The move has legal precedence from the November 2005 ruling, State v. Badessa. In that case it was ruled that if a police officer makes an unconstitutional stop, any refusal to take a Breathalyzer test should not be subject to prosecution.

DiBuonaventura had noted in his report that he stopped Moriarty after allegedly witnessing the assemblyman make an illegal lane change. But dashboard camera footage from DiBuonaventura’s cruiser proved that allegation untrue (click here to see the footage from the traffic stop and arrest.)

“…There was no such illegal lane change, rendering the ensuing stop a violation of Mr. Moriarty’s constitutional rights,” the Gloucester County Prosecutor’s Office spokesman said in a statement.

“Therefore, under the ‘fruit of the poisonous tree’ doctrine as described in the Badessa decision, any evidence gathered after the illegal stop would be inadmissible at a trial, including the undisputed fact that Mr. Moriarty purposely refused to take the chemical breath test, even though a licensed New Jersey driver operating a motor vehicle on a New Jersey roadway impliedly consents to taking the test and has no right to refuse to do so.”

The Moriarty case has taken dramatic turns since the July 31 arrest. The assemblyman went on the defensive about his arrest, and supporters noted DiBuonaventura had previous been fired from the force for allegedly lying during an investigation; he was later reinstated.

Washington Township Police released the details of Moriarty’s arrest, but the investigation soon turned to DiBuonaventura, 42, of Brigantine. Washington Township refused to release the full dashboard footage from the arrest; Gloucester Township Patch’s parent company took the town to court and won.

The documents released by Washington Township revealed it was a tip from a Washington Township detective's cousin that led to Moriarty's arrest. The documents also contain contradictory statements by DiBuonaventura and other Washington Township police officers regarding what was said during a series of phone calls that appear to have led DiBuonaventura to track down Moriarty on the Black Horse Pike.

DiBuonaventura claimed Det. Lisa Frattali called his cell phone the afternoon of July 31 and noted Moriarty had just left the Turnersville Nissan dealership "smashed."

Frattali writes in her report that she initially called DiBuonaventura to discuss an unrelated investigation and "jokingly" referenced that she overhead a fellow detective "talking to someone on the phone about Moriarty being drunk at Nissan." 

(To view a copy of DiBuounaventura's arrest report for Moriarty, click on the PDF above.)

Meanwhile, Moriarty filed 27 charges against DiBuonaventura, and a judge found probable cause on 13 of them. DiBuonaventura was indicted on 14 charges earlier this month.

The most serious charges are five counts of official misconduct, which each carry a potential five to 10 years in state prison.

For more on this case, see:

  • UPDATE: Assemblyman Moriarty Arrested on DWI Charge; Legislator Denies Charge
  • Police Release Details on Moriarty DWI Arrest
  • Moriarty's Hearing on DWI Charges Postponed
  • Assemblyman Moriarty Files Charges Against Cop
  • Judge Rules Probable Cause Exists on 13 of 27 Moriarty Complaints
  • Report: Moriarty's Arresting Officer Suspended
  • Patch Sues Washington Twp. for Access to Moriarty Arrest Video
  • Assemblyman Paul Moriarty Releases Video of His DWI Arrest
  • Judge: Washington Twp. Must Release Moriarty Arrest Video
  • Moriarty: 'I Had Not Been Drinking'
  • Washington Twp. Officer Indicted in Moriarty DWI Arrest


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