Narrativ

 

CASE ii 160303515
NOW comes Joseph Pregent, affiant, being duly sworn and on oath de oses and
states that I have probable cause to hell Lhal

hereinafter referred to as defendant, Lhe offenscm of Driving er
the Influence in violation of 23 V.S.A. Section lzu

 

 

l. I am a law enforcement officer certified by the Vermont Criminal Justice
Training Council. I am Lralncd and certified by the Vermont criminal Justice
Training Council to operate the nataMastcr infrared breathetesting Insrrument. 1
am also trained and certified by the Vermont criminal Justice Training Council
to set up, test and operate Doppler radar.

2. On September 4, 2an at approximately the defendant was
operating, attempting to operate, in actual hysical control, of a silver 2004
Honda Civic bearing Texas Registration' on a public highways known as
Interstate 91 South in the town of Harttord in ihe tounly oI windsor.

3. Although I did not observe operation in this case, I was able to
determine that the time of operation was 1743 hours from the following

in! ormdLion:

On September 4, 2016 at approximalelv 9:1.dispatch received a can rrom
"Angie" who reported that a silver vehicle with Texas plates was traveling south
on interstate 91 and was weaving all over the road. At approxlmately 5245?" 
spoke with a female passenger of a car on Interstate 91 who provided me with
information about the erratic driver to include that the vehicle was a silver
Honda civic with Texas plates and that it had just passed my location.

I proceeded south on Interstate 91. As I passed the rest area I ooserved a
silver Honda civic parked in the parking spot closest to the Interstate with a
male standing UuLo'lde of Lhe vehicle. entered the Rest Area from the south
side. As came up hehlnd Lhe vehicle I observed that it had a Texas iicense
plate. The operator began drivinq Lhe vehicle as I activated the cruisers
emergency lighting. The operator stopped the vehicle in a parking spot closest
to the building.

As I approached the vehicle observed the operator and sole occupant of the
vehicle drink from an orange soda can. when 1 reached Lhe driver-s door 
detected a strong odor of intoxioant Coming from Hie vehicle. while speaking to
the defendant I noted that his eyes were blood shot and watery. Based on Lhosc
observation 1 told the defendant to turn off his engine. The defendant admitted
to drinking one beer and indicated it was the beer can that was open and on the
passengers front. sedL. I placed the beer can on top of the car and ordered the
defendant out of the vehicle.

The defendant spoke breken English. I was able to Obtain a Honduran art
from the defendant. he name on the passport wasd.

I attempted to have the defendant perform the standard field sobriety exercises.
During the new I noted that the delendant had constant and distinct jerking in
both eyes at maximum deviation, his eyes lacked smooth pursuit and that his left

only moved half way whlle performing the exercise. I had to remind the
defendant to follow my finger multiple times and to not move his head. After

qu attempts to complete the exercise I stopped as I was not sure if the
defendant lully understood what was asking him to do even after he

 

acknowledged that he did. I tried to have the defendant perform the one leg
stand. After explaining the exercise he told me he understood but picked up his
left leg and stepped forward instead of keeping it up as instructed. At 
the defendant told me that he did not understand. 

I stopped-the exercises and requested a Spanish.speaking Trooper or interpreter
.so that the defendant could be properly directed and know that he understood
everything that was going on and what we were asking of him. . . .

Trooper Diaz arrived and direCted the defendant?throdgh the standard field
sobriety exercises. The results of his observation are.noted on page one of the
affidavit. At the defendant voluntarily provided a preliminary-breath
sample which indicated his blood alcohol concentration to be .236. I tbok the
defendant into custody without incident and transported him to the Hartford
Police Department where he was processed by Trooper Diaz and I.

At the defendant provided an evidentiary sample of his breath which
indicated him blood alcohol concentration to be .211%. During the investigation
it was found that the defendant's passport was fraudulently obtained and that he
was illegally in the Country. At the defendant was released to
Deportation Officer Robert Berger. Officer Berger told me that the defendant
was slated to be deported for the third_time.