Summary
John Doe was arrested for operating while intoxicate - bac .150 on 5/16 at 0147 hrs after he was pulled over in the intersection of two roads for speeding.
OBSERVATIOn
On 5/16 at 0136hrs while working another unit with another officer I arrived at the intersection of two roads to assist officer A with a traffic stop. Officer A informed me that he had pulled over a car for speeding after he observed a significant body roll(high rate of speed) of the suspect vehicle when it was speeding through a curve. The suspect vehicle reportedly stopped in a middle of the intersection when officer A drove behind him without his overhead lights on. Suspect Doe then reportedly drove at a very slow speed to the parking lot where Officer A finally turned his overhead lights on. Officer A also informed me that Doe had already admitted to have been drinking prior to my arrival. Officer A reported that he stooped his Portable breath test when it indicated Doe'd BAC going over .140
I saw Doe sitting in the driver's sat with the door open. I asked him to walk out of the car. He had glassy, red, blood shot eyes. I detected a strong odor of alcoholic beverage on his breath. I asked him to stand in front of my patrol car and I explained the he would be performing a sobriety test (SFST. Doe was slurring his speech. He seemed uncoordinated getting out of his car.
I asked doe if he had any medical conditions, including if he was epileptic, diabetic, or wearing contacts; he responded no to all of the questions. I asked Doe to touch the tip of my pen with his index finger before performing the Horizontal Gaze Nystagmus test. He first touched it with his ring finger, and I asked him again to touch it with he ring finger, and I asked him again to touch it with his index finger. He then touched it with his middle finger, and I asked him again to touch it with his index finger. He then touched it with his index finger.
I observed nystagmus in Doe's both eyes during HGN
I then started to explain the walk-and-turn test, Doe asked if he could find a level surface. I told him we could find a more level surface to do it, and he state he needed a more leveled surface. Doe was then transported to ST. Joseph County Jail's garage to finish the rest of the sobriety test. I placed Doe in handcuffs (double locked and checked for proper tightness) before transporting him.
At the St. Joe county jail garage. I continued to explain the 9 step walk-and-turn test after Doe was released from the handcuffs. Doe failed the test by starting the test before he was told to do so, taking more than 9 steps in both directions, turning improperly, not counting aloud, not taking proper heel-to-toe steps, and swaying.
The next test performed was the one leg stand test. Doe passed this test.
With the above information I read Doe the implied consent warning off my car, and he refused to take the chemical test. He was then handcuffed and transported to memorial hospital to draw blood at 0207hrs.
Officer B arrived at the hospital with a warrant for a blood sample signed by a judge. Doe's blood sample was drawn by a nurse . The sample was packaged into the blood draw kit, seal marked and submitted to SBPD.
Doe was transported to St. Joe County jail at 0407 hrs where he was booed for operating while intoxicated refusal. Doe indicated a BAC of .170 when jail staff gave him a PBT Doe was given a copy of the search warrant. His vehicle was left in the parking lot he parked in before the traffic stop.
From what I can recall all the information it accurate. The chemical test i refused to take was another portable breath test right after I was finished with the sobriety test. I refused by saying I had already taken a breath test and I wasn't going to take another one. They also took two blood sample at the hospital. The warrant said they could take a sample not multiple samples. Before they took the second sample I said I do not consent to this. When I was booked I said I could pay my bail once my BAC was under .05. I blew a .04 sometime after 11 am. They did not let me pay my bail until 8PM because they were "busy". Even though one time they took me out of the holding cell to start the process of getting me out. Once I told them I was going to pay my own bail they just sent me back.
John Doe was arrested for operating while intoxicate - bac .150 on 5/16 at 0147 hrs after he was pulled over in the intersection of two roads for speeding.
OBSERVATIOn
On 5/16 at 0136hrs while working another unit with another officer I arrived at the intersection of two roads to assist officer A with a traffic stop. Officer A informed me that he had pulled over a car for speeding after he observed a significant body roll(high rate of speed) of the suspect vehicle when it was speeding through a curve. The suspect vehicle reportedly stopped in a middle of the intersection when officer A drove behind him without his overhead lights on. Suspect Doe then reportedly drove at a very slow speed to the parking lot where Officer A finally turned his overhead lights on. Officer A also informed me that Doe had already admitted to have been drinking prior to my arrival. Officer A reported that he stooped his Portable breath test when it indicated Doe'd BAC going over .140
I saw Doe sitting in the driver's sat with the door open. I asked him to walk out of the car. He had glassy, red, blood shot eyes. I detected a strong odor of alcoholic beverage on his breath. I asked him to stand in front of my patrol car and I explained the he would be performing a sobriety test (SFST. Doe was slurring his speech. He seemed uncoordinated getting out of his car.
I asked doe if he had any medical conditions, including if he was epileptic, diabetic, or wearing contacts; he responded no to all of the questions. I asked Doe to touch the tip of my pen with his index finger before performing the Horizontal Gaze Nystagmus test. He first touched it with his ring finger, and I asked him again to touch it with he ring finger, and I asked him again to touch it with his index finger. He then touched it with his middle finger, and I asked him again to touch it with his index finger. He then touched it with his index finger.
I observed nystagmus in Doe's both eyes during HGN
I then started to explain the walk-and-turn test, Doe asked if he could find a level surface. I told him we could find a more level surface to do it, and he state he needed a more leveled surface. Doe was then transported to ST. Joseph County Jail's garage to finish the rest of the sobriety test. I placed Doe in handcuffs (double locked and checked for proper tightness) before transporting him.
At the St. Joe county jail garage. I continued to explain the 9 step walk-and-turn test after Doe was released from the handcuffs. Doe failed the test by starting the test before he was told to do so, taking more than 9 steps in both directions, turning improperly, not counting aloud, not taking proper heel-to-toe steps, and swaying.
The next test performed was the one leg stand test. Doe passed this test.
With the above information I read Doe the implied consent warning off my car, and he refused to take the chemical test. He was then handcuffed and transported to memorial hospital to draw blood at 0207hrs.
Officer B arrived at the hospital with a warrant for a blood sample signed by a judge. Doe's blood sample was drawn by a nurse . The sample was packaged into the blood draw kit, seal marked and submitted to SBPD.
Doe was transported to St. Joe County jail at 0407 hrs where he was booed for operating while intoxicated refusal. Doe indicated a BAC of .170 when jail staff gave him a PBT Doe was given a copy of the search warrant. His vehicle was left in the parking lot he parked in before the traffic stop.
From what I can recall all the information it accurate. The chemical test i refused to take was another portable breath test right after I was finished with the sobriety test. I refused by saying I had already taken a breath test and I wasn't going to take another one. They also took two blood sample at the hospital. The warrant said they could take a sample not multiple samples. Before they took the second sample I said I do not consent to this. When I was booked I said I could pay my bail once my BAC was under .05. I blew a .04 sometime after 11 am. They did not let me pay my bail until 8PM because they were "busy". Even though one time they took me out of the holding cell to start the process of getting me out. Once I told them I was going to pay my own bail they just sent me back.
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