Afghani Girl's Arrest

Charge: DUI

BAC: Refused

Court:

Plea: Nolo Contendere (No Contest)

Disposition: Adjudicated Guilty

Sentence: Ordered to attend DUI School - Phase I, Probation

Police Report:
Vehicle Operation/Actual Physical Control Phase:

On [DATE CENSORED], around [TIME CENSORED], while on patrol as a DUI/DRE Traffic Officer in an unmarked City of [LOCATION CENSORED] Police Department vehicle ([VEHICLE NUMBER CENSORED]), I was traveling eastbound in the inside lane of [LOCATION CENSORED]. I observed a grey SUV eastbound bound in the inside lane of the [LOCATION CENSORED] block in front of me. The vehicle appeared to be traveling at a speed greater than the posted limit of 35 MPH. My visual estimation of the vehicle corresponded with the audio return and readout of 52 MPH on the RADAR unit ([RADAR NUMBER CENSORED]) in my vehicle. The RADAR unit was in moving and same direction mode, and a front antenna was used.

I initiated a traffic stop, and the vehicle stopped in the [LOCATION CENSORED] block Del Prado Blvd S.

Personal Contact/Observations Phase:

I approached the driver's side and spoke with the female driver, and I informed her why she was stopped and requested her driver’s license, registration, and proof of insurance. Another female passenger was in the front seat, later identified as [NAME CENSORED]. While attempting to speak with the driver, the two began arguing, and the female driver was asked to step out of the vehicle.

The driver was identified as [NAME CENSORED] by their driver’s license. I could detect a strong odor of an alcoholic beverage emitting from the vehicle, and now that [NAME CENSORED] was out of the vehicle, I could detect the odor of an alcoholic beverage emitting from her breath. [NAME CENSORED] had slurred speech and bloodshot eyes.

I returned to my vehicle and ran [NAME CENSORED]'s information through FCIC/NCIC and CCPD Dispatch. [NAME CENSORED]’s driver’s license returned suspended. I confronted [NAME CENSORED] about the suspension, and she stated she was unaware of the suspension.

[NAME CENSORED] was asked to perform standardized field sobriety examinations, and I explained I believed she may be impaired. [NAME CENSORED] said she would participate.

Preliminary Statements Made by [NAME CENSORED]:

Admitted to drinking alcohol and using Marijuana.

During my contact with [NAME CENSORED], I observed the following:

EYES: Bloodshot.

PUPILS: Normal.

BREATH: A strong odor of an alcoholic beverage.

COLOR/FACE: Normal.

SPEECH: Slurred.

ATTITUDE: Argumentative.

COORDINATION: Poor.

SFSTs/Evaluations Phase:

I first asked [NAME CENSORED] preliminary questions. [NAME CENSORED] did not report being diabetic or epileptic or having experienced any recent head trauma. No issues were reported with her legs, feet, or ankles. [NAME CENSORED] was not wearing any glasses or contacts. [NAME CENSORED] denied being blind in either eye or taking any medications. [NAME CENSORED] did state she used marijuana earlier in the day.

I first conducted the horizontal gaze nystagmus (HGN) evaluation on [NAME CENSORED]. [NAME CENSORED]’s pupils were of equal size, tracked equally, and resting nystagmus was not observed. [NAME CENSORED]’s eyes exhibited a lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, nystagmus prior to 45 degrees, and the presence of vertical gaze nystagmus (VGN). While close to [NAME CENSORED], I could detect the odor of alcohol emitting from her breath. [NAME CENSORED] had to be reminded to continue looking at the stimulus.

Continuation:

I then explained and demonstrated the walk and turn evaluation while [NAME CENSORED] was in the instructional position. I had to explain the instructions several times to [NAME CENSORED]. [NAME CENSORED] lost her balance on at least three occasions. Also, she put her open back wedges with a 1 ½ inch heel on to complete the evaluation. [NAME CENSORED] made it clear that women wearing heels already will not affect their balance or ability to walk. [NAME CENSORED] stopped walking on the ninth step before the turn and asked what she was to do next as she forgot the instructions. [NAME CENSORED] then spun and did not take small steps. [NAME CENSORED] missed heel to toe on at least eight occasions and stopped walking twice.

I explained the instructions and demonstrated the one leg stand evaluation. [NAME CENSORED] was very argumentative at this point. [NAME CENSORED] argued the request of holding her foot six inches off the ground and stated some movement must measure. Furthermore, [NAME CENSORED] questioned the counting out loud to be in English only or if she could count in another language. I advised her she could count in any language she wanted to and she said she would count in “American”. [NAME CENSORED] stated she understood the directions and began several times before being told to do so. [NAME CENSORED] chose to lift her right leg for the evaluation and remain standing on her left foot. [NAME CENSORED] swayed while balancing and used her arms for balance. [NAME CENSORED] had to be reminded to continue looking at her foot several times and failed to count as prescribed.

(SEE DUI PACKET FOR SFST PERFORMANCE)

Based on the totality of circumstances obtained that are indicative of a person under the influence of alcohol and/or controlled and/or chemical substances to the point that their normal faculties are impaired, the operator/person in actual physical control was placed under arrest for D.U.I. at [TIME CENSORED] hours.

Implied Consent/Chemical Testing/Post Arrest Phase:

I then asked [NAME CENSORED] if she would provide a sample of her breath for testing, and she stated she would not. I then began reading [NAME CENSORED] implied consent, and she spoke over me, refused to answer the first request of providing a sample, and then shortly later screamed, “I refuse” several times. I then read [NAME CENSORED] her Miranda Rights.

[NAME CENSORED]’s husband arrived on scene, and I took [NAME CENSORED] to my vehicle to place her in the back seat. [NAME CENSORED] began pulling away and stated she was not getting in the cruiser until she spoke with her husband. I informed her she was resisting and to get in the vehicle. [NAME CENSORED] then entered the vehicle. Once [NAME CENSORED] was in the vehicle, the interior cabin was engulfed with the odor of an alcoholic beverage.

During transport to and while at the [LOCATION CENSORED] County Jail, [NAME CENSORED] was very belligerent. [NAME CENSORED] was verbally abusive to me and everyone at the jail. Furthermore, [NAME CENSORED] rambled incoherently about her family, friends, and herself being very connected to people at Washington, DC and I should be concerned with my career as a police officer. [NAME CENSORED] believed she was a “small fish” as a DUI arrest and there were “bigger and better fish to fry”. [NAME CENSORED] asked several times how I concluded to arrest her and stated she “passed” all the tests, even though I explained it to her and that the arrest is made on a totality of the circumstances and there is no pass or fail.

[NAME CENSORED]’s vehicle was inventoried by Officer [NAME CENSORED] and the vehicle was towed by [TOWING COMPANY CENSORED]. [NAME CENSORED] was taken to the [LOCATION CENSORED] County Jail in apparent good health. Due to [NAME CENSORED]’s turbulent behavior and aggressive remarks toward law enforcement and other arrestees, [NAME CENSORED] was taken by deputies as disorderly.