Drunk Driving Scenarios

Officer Stamets and Pastucka assisted Officer Hand from the Frackville Boro. Police with a reckless driving complaint. An individual reported a white Ford sedan travelling northbound on State Route 61 towards the borough of Frackville. The caller reported that the vehicle was travelling all over the roadway. Officer Hand advised he observed a white Ford sedan while he was stationary near Anthony's Pizza and Sub's. The vehicle came to an absurd halt when the female operator observed the police car, stopping in the middle of the travel lane of State Route 61. Afterwards the operator accelerated and continued northbound on State Route 61. While travelling on State Route 61 Officer Hand observed the operator's vehicle swaying in the roadway nearly crossing the double yellow lines and then aggresively swayed right travelling against the

curb. He initiated a vehicle stop with the said vehicle on the unit block of North Lehigh Street.

Officer Stamets and Pastucka arrived on scene just after Officer Hand made contact with the operator. Officers spoke with the female who identified herself as Heather WEINGARD. WEINGARD stated she worked a double shift today and just left from Goodfellas where she was working. She related that she probably was swerving because she knows she is very tired and wasn't even going to drive home and stay at someone's home. While I spoke with her I observed red glassy bloodshot watery eyes. An odor of an alcoholic beverage emitted from her person and her speech was slurred. She denied drinking alcohol or using any drugs (prescribed or not prescribed). While I spoke with her Officer Pastucka observed an orange prescription bottle with a white cap lying on the top of the center console compartment. I proceeded to the front passenger side of the vehicle and observed the prescription container with the round white pill inside of it and the label had been partially removed from the container. Officer Hand questioned WEINGARD about the prescription bottle. She opened the container looked inside for a breif period and removed a small pink oval pill and handed it to Officer Hand. She then placed the cap back on the bottle and placed the container back into the center console. I observed the pill she handed Officer Hand which was not the one Officer Pastucka and I observed. I informed WEINGARD that we saw a white round pill inside and asked what it was. She handed me the container and said she didn't know what it was. When I looked into the bottle I observed additonal oval pink pills and one white pill. The bottle was transferred to Officer Hand. WEINGARD said the bottle isn't hers and that she did not use any drugs or drink alcohol. She told me more than four times to search her vehicle and that nothing was in it. She related that she is prescribed wellbutrine and has a full bottle in the car but does not take them because she doesn't like how she feels when she does. I asked her where the bottle was and she related it was in the center console. She removed several items which were under the first observed bottle and did not see the bottle. She told me to open the glove box believing that she may have put them in there. I was not able to locate the bottle. She then searched under some items and trash located on the passenger side floor with no success. While she checked the floor of the passenger side I observed a white plastic bag containing six full and cold brown glass bottle beer beverages. She again told me to check the car if I wanted to. While she was still seated in the vehicle we located the wellbutrin in the center consol under the misc trash and items. The bottle appeared to have been full. I asked WEINGARD if she was alright with me searching and she replied yes. I asked her to exit the vehicle and stand on the curb next to her vehicle while I checked under the driver's seat. After exiting the vehicle she asked me if I wanted her to open the trunk as she proceeded to the sidealk. A search around the driver's seat revealed two blue pills one which was near the left foot rest and the other directly in front of the seat next to the center console and an empty aluminum beer beverage can in a plastic bag was located behind the driver's seat on the floor. The inside of the bag was wet with a strong odor of an alcoholic beverage. The pills were handed to Officer Hand. I questioned WEINGARD on the blue pills which I located. She asked if they were xanax and then asked if she could see them. I advised she could and Officer Hand displayed the pills. She said "yeah, they're xanax." She again denied the use of alcohol or drug use.

While WEINGARD was outside of her vehicle I could detect an odor of an alcoholic beverage emit from her breath.

I advised her I could smell the alcohol when she spoke and her how she could explain it. She said she didn't know and again said she works at a bar but didn't drink. I requested her to submit to a series of psychophysical divided attention tests; none of which she was able to successfully complete. I advised her of my findings and that there was no doubt that she had ingested an anti-depressants this evening at the minimum which explains the reason of why she is so tired and her

driving.

I informed her she would be requested to submit to a chemical test of blood. She then said well if I take the blood test I'm going to come back with anti-deprresants in my blood because I took some earlier. I said I knew that but she insisted the entire time until now that she did not take any drugs or specifically anti-depressants. I explained the penalties several times to her that would be imposed if she did not submit to the test. Officer Hand explained the penalties to her several times as well and she said she did not want to submit to the test. I asked her if she understood the penalties because I don't want her coming back after she receives charges saying she didn't understand it. She said she doesn't want to go down and have to explain to the baby sitter about being so late. (Earlier she mentioned she was so tired she wasn't going to drive home and stay at a friend's house but now she's worried about explaining why she would be late. She again said knows anti-deprresants would be in her system and that she doesn't take them everyday but only once in a while. She said she did not want to take the blood test and wanted to go home.

Officer Pastucka and I stood near Officer Hand and WEINGARD while Officer Hand read the DL-26 O'Connell Warnings to her and requested her to submit to a chemical test of blood. WEINGARD acknowldged the madatory penalties involved in refusing the blood test per the DL-26 and again refused to submit to the blood test and requested to be transported home. She was requested to sign the form acknowledging it has been read to her and while doing so she asked Officers why we look like she made a bad decision. My response was you can decide whatever you would like but I explained the penalties numerous times to you as did Officeer Hand. Officer Hand transported WEINGARD to her residence located at 16 North Lehigh Street Shenandoah PA.

Slow pupils reaction.

HGN:
Lack of smooth
Max dev.

On set prior to 45 est. 30 deg
VGN pres.

LOC

Ptosis

Clammy skin (sweaty face)

2inch sway romberg
poor perception of time 20secs.

FTN:
Unable to follow instructions
Holding finger 4 of 6 times and was directed each time to place it back to her side without having to be told to do so.
Poor perception of time and distance missing the tip of nose 5 of 6 times with slow movements.
Touched LOW (upper lip) LOW (upper lip) LOW LEFT (left nostril) LOW RIGHT (right nostril) LOW (below tip of nose) and

POINT