NJ Judge Banned From DWI Cases After Swear-Filled Traffic Stop

ESSEX COUNTY, NJ — A municipal judge who works in Belleville and East Orange has been banned from hearing DWI cases for a year after going on an expletive-filled rant during a traffic stop on I-80.

On Friday, the New Jersey Supreme Court released an order censuring Wilfredo Benitez and prohibiting him from presiding over DWI-related matters until Sept. 7, 2019.

The New Jersey Advisory Committee on Judicial Conduct (ACJC) previously filed a formal complaint against Wilfredo Benitez for his alleged actions during a motor vehicle stop in November 2016.

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

The complaint against Benitez alleged that two New Jersey state troopers saw a car pulled over on the right shoulder of I-80 westbound in Teaneck around 2:13 a.m. on Nov. 12, 2016. When one of the officers approached the vehicle, he 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.

Benitez's alleged response? "What are you trying to do? I'm a judge."

When the municipal court judge was handcuffed, he allegedly tried to walk away from the scene. When one of the troopers told him that he was under arrest, Benitez began to protest.

"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."

His arresting officers weren't impressed with his legal background, according to the complaint.

"I'm going to read you the Miranda warning," one of the troopers told Benitez. "I'm sure you know it."

According to the trooper's account of the incident, Benitez began yelling after he made his Miranda warning-related quip.

"You're wasting your time and you know it," the municipal judge allegedly said. "I'll fight you. You know you're being a di**. I will f****** fight you."

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.

ACCUSED JUDGE: ‘GOOD REPUTATION AND CHARACTER’

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

In February, Benitez filed an answer to the ACJC complaint, denying some allegations in the case and admitting to others.

• See related article: New Jersey Judge Accused Of DUI Rant Wants 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... and in that time, Benitez has conducted himself in a manner fully compliant with the CJC."

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Photo: Belleville Township