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July 31, 2013 THE VILLADOM TIMES 11, III & IV • Page 11
Council mulls options as Gaeta seeks reinstatement
Midland Park officials remained silent
on the issue of reinstatement for police
officer Joseph Gaeta.
Gaeta was suspended without pay in
2011 after pleading guilty to driving an
all-terrain vehicle while drunk. The inci-
dent took place in Wyckoff. On July 17, the
appellate division overturned Gaeta’s sen-
tence and remanded the case to municipal
court in Hackensack. That court found that
his sole penalty should be a fine of $150.
The officer is now seeking reinstatement.
“We fully expect and hope he will be
quickly reinstated and continue his career,”
said Joseph Rem Jr., Gaeta’s attorney.
Rem characterized the 2011 incident as
a minor offense.
Gaeta reportedly had been involved in
DWI training at the Law & Public Safety
Institute on Dec. 15, 2011, and volunteered
to drink beer and undergo field sobriety
tests performed by trainees. Four hours
later, when Gaeta was off-duty, he had an
accident with an ATV. He was reportedly
driving the ATV along Godwin Avenue
in Wyckoff, and turned onto Greenhaven
Avenue, where the ATV overturned and
crashed. Gaeta’s blood alcohol content was mea-
sured at 0.135 percent. The state’s legal
limit is currently 0.08 percent.
Wyckoff police filed various charges,
including DWI. In municipal court, Gaeta
noted that this was his first DWI offense,
and requested that his sentence only
involve a fine.
At that time, Gaeta was fined $306,
and compelled to pay court costs and
surcharges. His driver’s license was sus-
pended, and he was sentenced to a dozen
hours at the Intoxicated Driver Resource
Center. The sentence, however, remained on
hold while Gaeta pursued an appeal. In
his appeal, Gaeta claimed that, because he
was driving an ATV and not a car, truck,
or similar motor vehicle, the penalties were
illegal. At the time of his offense, New Jersey
law limited the penalty that could be
imposed to only a fine of up to $200, Gaeta
said. In ruling in Gaeta’s favor, the appeals
court found that the stricter statute adopted
in 2009 had not yet taken effect in 2011,
and opted to reverse the original sentence.
“We are waiting for the administrative
wheels to grind together,” Rem said last
week, noting that Gaeta looks forward to
returning to his work in Midland Park’s
police department.
“I have no doubt he will be quickly
reinstated,” Rem concluded.
Borough officials, however, declined to
comment on what action might be taken in
this case.
Midland Park’s labor attorney, Ray
Wiss, said Gaeta had initially been found
guilty of DWI, conduct unbecoming
a police officer. Had the charges been
upheld, Wiss noted, Gaeta would have lost
his driver’s license and, therefore, could
not have fulfilled his duties as a police
officer. Wiss noted that Police Chief Michael
Marra would be responsible for making
the recommendation as to whether Gaeta
should return to the department.
Gaeta joined the Midland Park Police
Department in 2006.