New Jersey Judge Accused Of DUI Rant Wants Case Dismissed

ESSEX COUNTY, NJ — A municipal judge in New Jersey is asking a judicial conduct committee to dismiss a complaint that accuses him of going on a drunken, expletive-filled rant after a pair of state troopers found him pulled over and asleep in his car on the shoulder of I-80.

Earlier this month, Wilfredo Benitez – who serves as a part-time municipal judge in Bloomfield, East Orange and Belleville – filed an answer to a Jan. 24 complaint from the New Jersey Advisory Committee on Judicial Conduct (ACJC), denying some allegations in the case and admitting to others.

The ACJC complaint was filed against Benitez for his alleged actions during a NJ State Police motor vehicle stop on the right shoulder of I-80 westbound in Teaneck around 2:13 a.m. on Nov. 12, 2016.

When one of the troopers approached the vehicle, he allegedly found Benitez "asleep in the front seat." While speaking to Benitez, the trooper allegedly detected "the strong odor of alcohol" on his breath and saw that his eyes were "bloodshot and watery." He then put Benitez through a series of field sobriety tests, which he failed.

The complaint alleges that Benitez then went on a curse-filled rant against the officers, at one point telling a trooper that he was “being a d***.”

"I can't believe you're doing this," he allegedly told the officers. "I'm not a f****** drug addict. I'm not a drunk… I'm a f****** judge."

Benitez was eventually taken to the NJ State Police substation in Totowa and issued a summons for driving under the influence of alcohol. A Bergen County Superior Court judge found him not guilty of the DUI charge in May of 2017.

However, the ACJC lodged a complaint against Benitez on Jan. 24 due to his alleged profanity towards police and his request for preferential treatment because of his judicial office.

• See related article: 'I'm Not A Drunk, I'm A F****** Judge,' Man Tells NJ Troopers

‘GOOD REPUTATION AND CHARACTER’

On Feb. 9, Benitez filed his verified answer to the ACJC complaint, offering several defenses and mitigating factors in his bid to have the case dismissed.

Benitez admitted:

• At some point in time late in the evening of Nov. 11, 2016, or early in the morning of Nov. 12, 2016, he was operating a motor vehicle when he decided to pull onto the shoulder of the road to “get some rest” and activated the flashers on the car
• A NJ Trooper approached his vehicle and saw that he was asleep in the front seat

Benitez also admitted that when the troopers were placing handcuffs on him, he asked “For what?” and said “I can’t believe you’re doing this. I'm not a f****** drug addict. I'm not a drunk… I'm a f****** judge."

However, Benitez said that he made these comments strictly in regard to his being handcuffed, which he thought at the time may have been unnecessary.

Benitez also admitted that when a trooper made a quip about Benitez “knowing the Miranda warning,” he replied “You’re wasting your time and you know it… I’ll fight you… You know you’re being a d***… I will f****** fight you.”

Benitez said that he believed the trooper’s Miranda warning remark was meant to be “sarcastic,” which led to his swear-filled retort. The judge added that he “replied inappropriately” to the trooper, and that he was “regretful and apologetic” about his remarks.

Benitez said that he never asked the troopers to forgo field sobriety tests during the encounter, and that he never asked to be spared from arrest because he was a judge.

His attorneys offered the following mitigating factors to the case:

• “Benitez has fully cooperated with the investigation in this matter”
• “Benitez has a good reputation and character, and this is the first complaint filed against him.”
• “Benitez has shown contrition and remorse”
• “Benitez gives service to the community”
• “Benitez has had exemplary conduct both prior to and since this incident”
• “There is no likelihood of a similar incident”
• “This was an isolated incident”
• “A Superior Court judge found Benitez not guilty of driving under the influence of alcohol”
• “This incident occurred on November 12, 2016, almost 18 months ago, and in that time, Benitez has conducted himself in a manner fully compliant with the CJC.”

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Town of Belleville photo of Wilfredo Benitez