On April 9, the Reporting Officer (R/0) overheard Rock Hill Dispatch say that a suspected individual was driving under the influence going down Cherry Road. He was seen at the QT on Heckle Boulevard and Cherry Road with several open containers. The vehicle description given was a silver Chevrolet Cruze. As the R/O drove down Cherry Road he observed a vehicle matching that description. The R/O initiated a traffic stop at the intersection of Cherry Road and Constitution Boulevard in the City Limits of Rock Hill. The Tag displayed on the vehicle was a South Carolina temporary tag.
The R/O made contact with the suspect, who had no Winthrop affiliation, sitting in the driver’s seat. The R/O asked the Suspect if he had been drinking at all, and the suspect stated he had. The R/O asked the Suspect how much he had drank and the suspect responded that he only had a little bit to drink. The R/O detected a strong odor of alcohol coming from the suspect’s person. The R/O then asked the suspect if he would be willing to submit to Standard Field Sobriety Tests (SFST).
The Suspect stated he would. The R/O asked the Suspect if he wore glasses or contacts, and he said no. The R/O then asked the suspect if he had any physical ailments that would prevent him from walking or balancing on one foot, which he also did not. The R/O began the horizontal gaze nystagmus test by checking for equal pupil size, and equal tracking in both eyes. The R/O then
observed a lack of smooth pursuit in both the suspect’s eyes. The R/O also noticed distinct and sustained nystagmus at maximum deviation in both the suspect’s eyes. The R/O observed the onset of nystagmus prior to 45 degrees in both of the Suspect’s eyes.
After performing the horizontal gaze nystagmus test the suspect told the R/O to go ahead and do what we had to do. He advised that he did not want to continue the tests and he wanted to go to jail. The R/O advised the suspect that he still wanted him to perform the SFST to make sure that he could drive. The suspect then stated that he would continue the tests.
The R/O began to explain to the Suspect how to do the walk and turn. After telling the suspect not to move until instructed to do so, the suspect became irritated and moved from the starting position of the walk and turn. The R/O advised the suspect that the test was necessary and had to be done. The R/O explained to the Suspect that he needed to put his right foot in front of his left, keep his arms at his side, and not begin until he was told to do so. The R/O explained to the suspect he needed to look at his feet, count out loud, take a series of nine heel to toe steps, on the ninth step whichever foot is in front keep that foot planted, take a series of small steps to perform a turn, and take nine heel to toe steps back.
After the R/O asked the Suspect if he understood the instructions, the suspect stated that he did. The suspect was able to perform the first nine steps of the walk and turn well, but
then became irritated and stopped the test. The R/O informed the suspect that he needed to complete the test and then asked him again if he understood the instructions, to which the suspect replied that he did. The suspect began the walk and turn again and took ten steps instead of nine, performed an improper turn, and took ten steps going back.
The R/O then began the one-leg stand test. The R/O informed the suspect to stand with his hands by his side and feet together and not to move until instructed to do so. The suspect then became irritated again and informed the R/O that he knew he was going to jail and they just needed to take him. The R/O informed the suspect again that the test needed to be performed. The suspect then calmed down and began to listen to the R/O’s instructions. The R/O informed the suspect that he could choose either his left or right foot to raise about six inches above the ground, look at his foot, count out loud in the fashion of one thousand and one, one thousand and two, one thousand and three, and not stop until told to do so.
The suspect began the one-leg stand and then stopped during the course and informed the R/O he did not want to continue. The R/O informed the suspect that he already began and needed to continue the test. The suspect then began again and while performing the test he put his foot down and lost his balance. The R/O informed the suspect that he was under arrest for driving under the influence.
The suspect then became very irritated and informed the RIO not to touch him. The R/O then informed the Suspect that he was going to bring him to the front of his vehicle and read him his Miranda Rights. The R/O then took the suspect by his arm and attempted to lead the suspect to the front of his vehicle. The suspect then began calling the R/O names such as “b***h” and told the R/O not to touch him. As the suspect raised his voice at the R/O, the R/O read the suspect his Miranda Rights and DUI advisement from an SCCJA issued traffic safety unit card.
The R/O then attempted to search the suspect and the suspect continued to raise his voice telling the R/O not to touch him and that he knew his rights. During the search of his person, the R/O discovered two rolls of cash in the suspect’s pocket. The R/O informed the suspect he was going to give the cash to the suspect’s girlfriend. The suspect agreed.
The R/O then asked the suspect to sit in the back seat of his vehicle. The suspect remained agitated and refused to sit down. The suspect stated over and over again that the R/O had no reason to stop him. The suspect then asked to see the RMS log to verify that an individual had called about an intoxicated driver.
Officer Thomason from RHPD showed the suspect the call in his RMS system and the suspect continued to argue with the R/O that he did not have a reason to stop him. The R/O then asked the suspect multiple times to sit down in the back of his vehicle. The suspect continued to tell the R/O not to touch him. The R/O then assisted the suspect into the back
of his vehicle, and the suspect stated that he hit his head and he was going to sue the R/O because he had a good lawyer. The R/O then transported the suspect to the Rock Hill City Jail. The R/O asked the suspect if he would be willing to submit to a breath test and he refused. The R/O still went into the data master room and gave the suspect a chance to reconsider refusing the test. The suspect was then booked into the Rock Hill City Jail for Driving under the influence 1st degree.
