Case Study: Argument Attachment

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AFFIDAVIT ATTACHMENT On Friday, February 27th, 2016 at approximately 2345 hrs while driving a Midland Police vehicle and wearing a standard issued MPD uniform FTO Vining and PPO Jimenez were facing a stop sing located in the 200 blk of West Florida when PPO Jimenez observed a white Ford F-150(TXLP-ICASH) made an improper right turn in the approximately 300 blk of West Florida. PPO Jimenez made contact with the driver who was identified as Manuel Galindo Garduno. Upon contacting the driver PPO Jimenez identified that Garduno had bloodshot eyes and slurred speech. PPO Jimenez was also able to observe a case of beer in the front passenger seat that it seemed to be opened. PPO Jimenez asked Garduno to provide his insurance and his driver license. …show more content…

PPO Jimenez put Garduno in the “starting position”. PPO Jimenez held a pen in a position in front of Garduno’s face and asked him to track the pen with his eyes only. Garduno acknowledged that he understood the instructions. During the Horizontal Gaze Nystagmus test PPO Jimenez noticed Garduno had a lack of smooth pursuit in both eyes. PPO Jimenez also noticed that Garduno had a distinct and sustained Nystagmus as maximum deviation in both eyes. Additionally PPO Jimenez noticed Garduno had the onset of nystagmus prior to 45-degree angle in both eyes. After PPO Jimenez observed Garduno fail this test he decided not to continue with the walk and turn test and one leg stand due to the physical condition of Garduno. PPO Jimenez then, placed Garduno under arrest for driving while intoxicated, unlawful carrying of a weapon and poss of drug paraphernalia. PPO Jimenez then transported Garduno to CDC. PPO Jimenez read Garduno his statutory warning. PPO Jimenez asked Garduno for a specimen of his blood to which he consented. Garduno had his blood collected at CDC at 0027 hrs by Holly Walker (LVN). PPO Jimenez turned Garduno’s blood draw kit, the pipe and the handgun collected at the scene into MPD evidence. Audio and video of the incident is available and is tagged as 160227001 DUI. The vehicle was released to Action wrecker. Garduno was booked into CDC for all the above

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