San Luis Obispo Police Department Police Report Case Number: 160309009 NARRATIVE: 15:24:05 03/09/2016 - Middleton, J o Officer J. Middleton #64920 ASSISTING OFFICERS: Y Sgt. Booth 18926 wae present during the investigation and arrest. Offi Stahnke 82350 located debris from the accident and completed an accident report. Officer Walsh 89870 located debris and assisted Officer Stahnke SUMMERY: S/WALTER was contacted in his vehicle that was broken down. He was involved in a non-injury accident. Ke was later determined to be under the influence of alcohol and was arrested for VC 23152{a) DUI and VC 23152(b) - over 108. DETAILS: On 3-9-16 at about 0752 hours, I was dispatched to the intersection of Broad and QOroutt regarding a vehicle that was driving at a high rate of speed with a blown front tire. The RP described the vehicle as a black Cadillac Bscalade truck, with front-end damage and a blown front right tire. It was last seen southbound on Broad toward Tank Farm. Dispatch received another call regarding that same vehicle as it pulled over at Broad and Tank Farm. I responded and located the vehicle on Broad just south of Tank Farm pulled over to the west curb. I contacted the driver, S/ Gary WALTER, who sitting in the driver's seat. 1 also noticed his vehicle was still running and was in drive. S/WALTER identified himself by his valid California drivers’ license. I asked him if he was ok and he said "yes." I asked him how the front of his truck was damaged and he said he had no idea. I had S/WALTER exit the truck and when he exited, I noticed he vas unsteady on his feet. S/WALTER lcoked at the damage and still’had no idea how it happened 1 haé $/WALTER sit on the curb ard requested San Luis Fire and San Luis Ambulance to respond for possible medical issues. After speaking with him, h= said he did not have and medical conditions. The paramedics checked him and everything seemed normal. While speaking with him I could smell _a faint odor of an alcoholic beverage emitting from his breath and person. I asked $/WALTER if he bad been drinking and he said "yes, last night.” 1 asked 8/WALTER if he would participate ina few standard field sobriety tests and he said "yes." During the horizontal gaze nystagmus test, I observed a lack of smooth pursuit, distinct nystagmus at maximum deviation, and onset prior to an angle of 45 degrees in both of S/WALTER'S eyes. I explained and demonstrated the Romberg test and during the test, S/WALTER swayed approximately one to two inches from left to right and front to back. HeSan Luis Obispo Police Department Police Report Page: 3 Case Number: 160309009 estimated 30 seconds when 21 seconds had elapsed. 1 explained and demonstrated the one leg stand test. During this test, S/WALTER put his foot down nine times and stopped the test before finishing. I explained and demonstrated the walk and turn test. S/WALTER lost his balance while I was giving him the instructions. He missed heel to toe several times during the test. He also did not point his feet in a straight line and took the wrong number of steps. After completing the tests, I asked S/WALTER if he would participate in a Preliminary Alcohol Screening Test and he agreed to do so. On Preliminary Alcohol Screening Device #004141, at 15 degrees, S/WALTER provided a breath sample registering .155 BAC. For further details, see my attached DUI investigation report Based on my observations I believed S/WALTER was in violation of VC 23152 (a)-DUI. I placed him under arrested. I admonished S/WALTER per Trombetta, 1 advised S/WALTER of his obligation to take a chemical test zo determine hic BAC and he chose to take a blood test. I transported S/HALTER to the French Hospital and obtained a blood sample. Phlebotomist A. Driscoll collected? the sample from S/WALTER'S right axm. She used non-alcoholic cleaner to clean his arm. The blood draw was completed in a medically approved manner, consistent with blood dravs I have seen in the past. T seized the blood sample, placed it in an evidence envelope, and booked at the county jail. S/WALTER was provided a copy of 2 completed DMV 367 form. At his request, Slo Tow was called and towed the vehicle due to the damage. DISPOSITION: Cleared by arrest EVIDENCE: None SUPERVISOR BECForeign National rights advisermem: Y/Y Consulate notification mandatory? Y/N Consulate nouified? Y/N Date: ___ Time:_ Arresting Ofer intino/oody #: (CHILD AND DEPENDENT ADULT SAFETY - PCI3SI7.7000) Anche Sieh nein emp sn, PS GZ _ ta Ctependent eh sors solved by aresee Creation Sergeant Date CHILD/ DEPENDENT ADULT ISSUES NOT RESOLVED. SHERIFF'S WATCH COMMANDER NOTIFIED. wic nalned by Correctional Sergeant Date Tim ‘Vehicle Towed by/ ot Location:_<57. TOU? Keys in VehicleZ?N Address: Phoned: (__) ‘Nember Sued City ‘St ip NOT RELEASED PER PC 853.6 BECAUSE: (CHECK ALL THAT AFFLY) ‘The person anesied was so istoxcaed tht they could have been «dange to theaselves orto ethers. ‘The person amesied required medical examinaion or medical care or was otherwise unable to care for thea own safe. “Theperson was aresed for one o more ofthe offenses lise in Sections 40302 and 40303 of he Vehicle Code. “There were one of more outstanding arrest warans forthe person. ‘The person could ot provide satisfactory evidence of personal identification. ‘The prosection ofthe offense or offenses for which the petson was aresed, or the prosecution of any other offense or offenses, would be jeopardized by immediate release of the person sreste. ‘There was areasonble likelihood thatthe offense or offenses would continoe or resume, or thet the safety of persons or propety wouk be inmminetly endangered by relate ofthe person arrested. ‘The person anesied demanded tobe taken before a magistrate or refused to signa notice to appear. ‘Ther is reasoe to believe tht the person would not appea tthe time and place specified in the notice. The basis fr this determination shall be speifically stated 00 0 oD0cG00 Pursuant to PC 853.6{i) ifthe arrestee Is not released prior to being booked, determination to cKtation release will be at the jaiPs alseretion. PROBABLE CAUSE STATEMENT- Facts establishing elements and identification of arrestee: einer us A Det acaba Mow sama sctina dO FPectea, we PT ere ra 2. Are em, Me Ass AA Khon Sitges SLO te fag —Uits IAOECASLE cred bees EAT c He lamwaty be Pica AP hE re? Pp 2AS LEST (SE (_) See attached reports, incorporated herein: __(ttei Bison few Re dus Tecare under peniy of pair that te Fregoina ‘ue and correct tothe best of my knowledge and belief at San Luis Obispo, California Ageney_ 52000. Employee #_LYIZ= officer's declaration ( ) reports reviewed, [hereby determine that there ( Jis( )is not, Ont aio probable cause believe this arrestee has committed a crime. Date: Time, Judicial Officer, Tiger oA Oo By: (CD). Tite, Employee # “Arresting Agency Notification (Disapproval) Date: Time: Supervisor notified SOFRDI¢ (Rev. 0326/14)Ag Us OBISPO POLICE DEPART ST DUI INVESTIGATION OFFICER: T yninpier 61920 CASE NUMBER: /603 ones ‘Wrere were you di bore Where are you coming from? Gaga Where are you going? 7 & Day of Week What tye you been drinking? [JBoorT_Wine | Well Dink How much did you di Yoon Gi rane? coume, Sate . When did you start? ‘Stop? What time is now? Actual time? Spm apn | mole Be Flow much sleep (ast 24 nj? When did you est 08? Fp on, 5 What did you eat? 7 Shoes worst EN LW a} - you e Type: 3-Y Huns Fwono Eset Brown? ‘Areyousick? | Are you jnjured? | Explain injury or iliness. Oy fan Ovan Vehicle disposition? DLocked Sc (C14602.6(a) ve Tor: Bayou have an ghvekal | Have you aken medeation today AYLIN devas? LIVEN What time Si ~ Diente Do you wear |] glasses? Do you feel the effects of the alcohol? cy Ci Contacts? Now? BAY CIN Do you think you should be driving? wo N | Rettig nystagmus? | Did you work aay? VIE Wikare TH YOUWERT oy way 76 wane [OY ON ‘What kind of work did you do? Degree of nystagmus: SECTION fern eoe MS Gap oe iemonioaate cohot 1] Warivana CT sian ‘Cinsisiae ine Eyes =a Trnfocused —— loodshot Red L]Wetery L] Clear Cham Liciying LiRepetiive Liratkatve ee sopmer ‘other: Coontinati ale JUnsteady [_JUsed support (Fell Jrumbled 1D (1Siow Appearance Fis {Normal _JHair Pai Lineat L]Wet Clothing fe Cis Fa ol ai Koa cosa Loos Ver di iid not follow test instructions r Page 1 of 2@rrcer's ‘STATEMENT - PAGE 2! eo APS bt Somes Aocy SECTIONS 13353, 13953.1, 13353.2 AND 13389 CVC. Driver License: [_] Suspended/Revoked red (tached) [Not in Possession [Unsicenced 1.01% o more BAC DU Probation PAS of ser Chemical Test Relasat- (DU Probation) (00% w mare BACCO VEN eral Test etal at Complete shaded arse only if driving/collision observers by someone other than arresting officer or arrest done by another officer. . “Another . sc “hrotee fe Claire” Clone” Cleataon Cy Sa Sean [Ogee Soin, Cemion |, GSE Com | sap et oe ERT ee ‘rad oom sero oreneae | = orca i "PROBABLE GAUSE (DESCRIBE IN DETAIL THE FACTS AND CRCUNSTANGES THAT LEDTOTHIE STOP OR CONTACT) THERARRATIVE MUSY BE AN ORIGINAL PRINT OR WRITE DIRECTLY ONTH!IS PAGE. A SYNOPSIS OF THE SUPPLEMENTAL REPORT MAY BE CUT AND PASTED BELOW AND MUST BE DATED AND CONTAIN AN ORIGINAL SIGNATURE.) {FOR DUI PROBATION VIOLATIONS) CLEARLY INDICATE BELOW [HOW YOU DETERMINED THE DRIVER WS ON DU! PROBATION. 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NOWBER 03092015 0750 4006 82350, 160309009 NOTIFICATION: On March 9, 2016 | was dispatched to assist Officer Middleton regarding a vehicle being driven south bound on Broad with a flat front passenger tire and front end damage. SUMMARY: When | arrived, Officer Middleton had located the vehicle at the intersection of ‘Tank Farm and Broad and performed a vehicle stop on it. | saw D1WALTER sitting on the curb outside his vehicle. Officer Middleton told me D4/WALTER stated he had come from the Starbucks in the Marigold Center. This did not amtch the original reporting party's statement that the vehicle was on Broad at Orcutt. | inspected V-1 and saw it sustained major damage to its front passenger side. Officer Middleton asked me to check the Marigold Center for any signs of a collision. | checked the area and found no signs of a collision. Officer Middleton then told me D1MALTER's had changed his statement and said he had come down Broad from Higuera. Officer Walsh and | checked the area and he located debris and fluid in the vicinity of 1113 Broad. The debris left at the scene matched the damage to V1. It appears D1WALTER collided with a parked vehicle. The parked vehicle was not at the location and has not been located. Officer Walsh took 4 photos at 1113 Broad and Sgt. Booth took 5 photos of the damage to the vehicle. Officer Middleton determined D1 was under the influence of alcohol and was arrested for VC 23452(a) and (b). See Officer Middleton's report for details. AREA OF IMPACT: The AOI was determined vehicle damage, and debris. Measurements by Sgt Booth. AO! #1: 75' south of the SCL of Higuera and 9' E of the WCL of Broad. V-2 was parked at ‘Meter #1105 in front of 1113 Broad. CAUSE: D1/WALTER caused the accident by being in violation of VC 23152 (a) Driving While Under the Influence and of VC 22107 Unsafe Turing Movement. RECOMENDATION: None “TT PREPARERS NAWE_—__—To, OMBER—— BATE" REVIEWERS HAE ————BaTE A. Stahnke 82350 03092016‘0315/2016 14:11 SLOSheriff( eta \__ Reesratt00d Poors SAN LUIS OBISPO COUNTY SHERIFF BAN LUIS OBISPO, CA 99401 “RARRATIVE CR Number: 1608-02208 Dale of Report: osrier2016 Report Purpose: ‘To document forensic alcoho! analysis on contents of evidence envelope(). ‘On 03/18/2016, the following evidence was fecalved from the San Luis Oblepo Police Department with @ request for the ‘content to be tasted for blood elechol conventration. The results of the test/s) on the contents of the envelope are fisted EVIDENCE: Envelope labeled by booking officer 6s: ‘ood Specimen From Living Subjoct SUBJECT'S NAME(S): Walter, Gary SLOPD CASE NUMBER: 160309000 COLLECTION DATE: ogner2016 RECEIVED DATE: ‘0371812016 OFFENSE: CVC 23t82(aNb) RESULTS OF FORENSIC ALCOHOL ANALYSIS LABORATORY EXAMINATION The sample was tested in duplicate on 03/16/2016 for the presence and amount of ethanol by headspace gas: ‘chromatography. ‘REBULT & INTERPRETATION ‘The bloed alcoho! concentration representa an average value of a podted sample. The sample submitted hed a blood alcohol concentration of 0.19%. EVIDENCE DISPOSITION ‘The package was sealed and will be returned to the San Luis Obispo Police Department, ‘Tested by: Lauren Lewis, FASIMS. ‘SLOSING STATEMENT ase status axneptionally cieared. Approved copy of results has besn taxed ta the DA's Offioe, Request a copy of oport be sont to the San Luis Obispo Police Department, Attn: Recorde, bichtead