Three Days, Two DUI Arrests For Toms River Man

LACEY, NJ -- Once apparently wasn’t enough for a Toms River man who was arrest twice in a three-day span at the same liquor store in Lacey Township on drunk driving charges, police said.

Brian J. Nelson, 38 of Baywood Drive, was first arrested Dec. 16 after police were called to JR’s Liquors on Lacey Road at 6:49 p.m. for a report of a man passed out behind the wheel of a car in the parking lot of the liquor store, Lacey Police Chief David Paprota said.

Officer Anthony Sarno charged Nelson with driving under the influence, reckless driving, and refusal to submit breath samples, Paprota said, and the vehicle Nelson was driving was impounded pursuant to John’s Law.

Three days later, on Saturday, Dec. 19, at 5:44 p.m. police again were called to JR’s Liquors, this time on a report of an aggressive driver who had pulled into the parking lot and was passing out behind the wheel, Paprota said.

Officer Frederick Anderson responded and again arrested Nelson, who was charged with driving under the influence, reckless driving, failure to submit breath samples, and having an open container of alcohol in a motor vehicle, he said.

The vehicle Nelson was driving was impounded pursuant to John’s Law, he said.

Because it was Nelson’s second DUI arrest by Lacey officers within a three-day period, efforts were undertaken to hold the vehicle for longer than the statutory 12-hour period, Paprota said.

A formal inquiry made by the shift supervisor to the Ocean County Prosecutor’s Office confirmed that the current law requires the return of the vehicle, Paprota said, and they were unable to have bail authorized for the motor vehicle offense of DUI in the absence of a criminal charge. The vehicle was returned to Nelson as required by law, Paprota said.