Joseph Price, 58, of Sherwood was arrested on July 28 on charges of DWI, DWI refusal, left of center, careless and prohibited driving and no proof of insurance after police were dispatched to Warden Road in reference to a reckless driver who had nearly hit multiple cars and a guardrail.
According to a police report filed by Officer Chad Clements, he traveled down Rixie Road near Landers when a vehicle matching the description turned off of Landers onto Rixie, driving over a concrete divider and into the officer’s lane before passing him.
“I then turned around and stopped the vehicle that was weaving close to the Kiehl Overpass on Rixie Road,” reported Clements.
Upon making contact with Price, Clements told him why he was being stopped.
“I observed that the driver had bloodshot water eyes and very slurred speech,” Clements said.
The officer asked Price if he had been drinking he said he hadn’t.
Price was asked to step out of his car and the officer observed several beer cans throughout the vehicle. Clements also observed that Price had an odor of intoxicants about his person.
“I asked Price to blow into a PBT which he could not do but on one of his attempts where his breath was blown on the tube without his lips being sealed on it, the PBT registered a .26 percent BAC,” according to the police report.
A 0.26 blood-alcohol content level reflects an amount three times the legal limit, which is 0.08.
“At this time I attempted to perform SFST’s (Standardized Field Sobriety tests),” according to the report. “I started with the HGN (horizontal gaze nystagmus test); however, I was unable to perform the test because Price failed to keep his head straight and just was unable to follow any instructions.”
The next test police conducted was the walk and turn.
“Price could not keep the ready stance and stated he didn’t know what I was saying,” states the report. “Price then attempted the test, missing all hell to toe steps, not staying on the line. Price did not count his steps aloud as instructed, made an improper turn, missed all heel to toe steps and walked off the line on the second nine steps.”
The third test was the one-leg stand. “Price lifted his foot, never counted then dropped the foot and stated that he could not perform the test as he was stumbling.”
The report continues, “A this time, I placed Price under arrest and in the rear of my patrol unit.”
He was then transported to the city police station. He was read his DWI statement of rights which was signed, agreeing to take the test.
“However, before the test could be given, Price stated he was not going to take the test and to put him in jail. Price was then released to the booking personnel.”