On October 4th, around 12.56 a.m., Deputy Walton received a call from Central Dispatch that a car was facing southbound into northbound lane on Highway 9 south of Princeton. Upon arrival, Deputy Walton observed a vehicle on the opposite side of the road facing northbound traffic setting southbound with vehicle running and Mr. Cruz foot on the brake.
Deputy Walton approached the vehicle, he could see one male on the driver’s side, vehicle
running, laid back asleep in the car. Deputy Walton knocked on the window as… Mr. Cruz woke up and spoke to Deputy Walton. Mr. Cruz said he was coming home from work from Acme Brick in Malvern, Arkansas.
Deputy Walton could smell a strong odor of alcohol coming off Mr. Cruz’s breath. Cruz had bloodshot eyes and impaired not knowing where he was. At that time, Deputy Walton asked Mr. Cruz to step out of the vehicle. A PBT test was done with that results .105. FSSTs were done on Mr. Cruz. Mr. Cruz was placed under arrest for DWI.
Field Sobriety Tests:
The evaluation was performed on smooth surface on asphalt shoulder on Highway 9.
Horizontal Gaze Nystagmus (explained)
Deputy Walton observed lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and an onset of nystagmus prior to 45 degrees in Mr Cruz’s eyes.
Walk and turn (explained and demonstrated)
Instruction Stage: Mr. Cruz was confused about which foot was his left and right foot.
Walking stage ( 1st Nine): Mr. Cruz walked 9 steps. During the walking test he struggled to do heel to toe on step 3,4,5. He stopped at 9 steps and failed to do anymore of the walk and turn test.
One Leg Stand (explained and demonstrated):
Instructions were explained to Mr. Cruz, saying he could choose either leg he wanted for the test. Instruction was for him to take one leg and hold it approximately 6 inches off the ground pointed toward the ground and to count out loud one thousand one, one thousand two and so on till he was told to stop. Mr.Cruz failed to do one leg stand, he started walking forward, counting always to 9 and said he was done.
At that time Deputy Walton informed Mr. Cruz he was under arrest for DWI. Deputy did a search of vehicle located numerous open beers can in the vehicle floorboard. Morro Creek Wrecker Service towed the vehicle and Mr. Cruz was transported to Dallas County Jail.
BAC Breath Test:
Mr.Cruz was read his rights before the BAC test was performed, he agreed to take a breath test result. The result from the BAC test was .10.
Citations:
Mr. Cruz was issued 4 citations at that time. The citations were no seat belt, improper lane change, DWI and open container in a motor vehicle.
