On Saturday 05/29/2016 at approximately 03:11 hours, I (Ptl. H. Lim) was on patrol in marked patrol vehicle 515 with Ptl. Salvador in the area of Livingston Avenue and How Lane. I was patrolling Livingston Avenue when I observed a White Nissan Maxima heading south with tinted window, I began to follow the vehicle at that point. The vehicle made right turn on How lane. The vehicle was operating at a slow rate of speed How lane and started to swirl left within the marked lane. The vehicle then came to a stop the red light on Jersey Avenue intersection. When light turned green, I observed the vehicle going straight at faster rate of speed in speed limit but failure to maintain the lane and bearing towards right and driving on the edge of the marked lane. Then I observed the vehicle swirling right, and cross over the marked lane and continued to drive cross the lane. The driver, later identified as Victorino Vazquez, did not acknowledge my marked …show more content…
Salvador asked Vazquez what type of alcoholic beverage he had consumed. Vazquez advised he had “Corona and Heineken, that’s it” At this time I gave Vazquez instructions on the Horizontal Gaze Nystagmus Test. I observed Vazquez to move his head when told not to and did not track the tip of the stimulus multiple times. Vazquez had lack of smooth pursuit, onset of nystagmus prior to 45 degrees, nystagmus at maximum deviation and vertical nystagmus in both eyes. After the test was over, Ptl. Salvador conducted Horizontal Gaze Nystagmus Test again to confirm. Vazquez said lights were bothering his eyes and he was advised that the lights were not directly on his eyes. Vazquez then started move his head and he was told to stop move his head. After the test, again, Vazquez was asked if there was any more of alcoholic beverage or any other drugs that he took. Vazquez stated that “only those two beers and that is it.” Vazquez advised that he used to smoke marijuana while he was in high school but he quit years