Name:
SILVA, JULIAN
Date of Booking:
05/04/2023
Reason(s) For Booking:
DUI
TAILLIGHTS/LENSES REQUIRED
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
[NARRATIVE #1 on May 03, 2023]
On [05/03/2023], at approximately 2207 hours, I, Officer Roseberry, was patrolling the area of State Route 61 at Meadowlark in my conspicuously marked patrol vehicle with working lights and siren. As I was patrolling on State Route 61, I observed a 2000 gray Honda Civic (Tennessee tag: [REDACTED] VIN: [REDACTED]) to have no working taillights.
I initiated a traffic stop by activating my blue lights at the traffic light in the turning lane due to the light not turning green. I activated my body-worn and in-car dash cameras. I approached the driver side of the vehicle and advised the driver of my name, agency, and reason for the stop.
I observed an open Corona beer bottle in the middle cup holder. Due to the location of the stop and the light not changing to the green turn arrow I advised the driver to pull into the chevron once it was safe to do so. The driver pulled into the chevron and came to a stop.
I made a driver side approach and met with the driver, Mr. Julian Silva Terrazas (DOB: [REDACTED]). I smelled the odor of an alcoholic beverage emanating from the cab of the vehicle. I asked Mr. Silva Terrazas for his license and he handed me his International Driver’s License (OLN: [REDACTED]).
I asked both occupants of the vehicle to step out of the vehicle and move to the front of my patrol vehicle. I smelled the odor of an alcoholic beverage emanating from Mr. Silva Terrazas person, and I oberserved him to have watery blood shot eyes. I asked Mr. Silva Terrazas how much he had to drink, and he advised “nothing”.
I advised Mr. Silva Terrazas I could smell the alcohol and observed the Corona in the center cup holder. Mr. Silva Terrazas advised “ok, I’m going to be honest with you yea we had like two or three after work, and went to get stuff to cook for lunch”. I asked Mr. Silva Terrazas where he lived at, and he advised “we live in Nashville”.
I asked Mr. Silva Terrazas what they were doing down here, and he advised “working”. I asked Mr. Silva Terrazas where they were working at, and he advised “behind the railroads on the buildings”. I asked Mr. Silva Terrazas if he would conduct Standardized Field Sobriety to make sure he was safe to drive on the roads. Mr. Silva Terrazas replied, “okay well umm mind if I get someone to come and get it”.
I advised “come and get what?” Mr. Silva Terrazas replied “the car to drive it”. I advised no he could not, and pending the outcome of his field sobriety he may be able to leave in the vehicle, and Mr. Silva Terrazas advised “yea that’s fine”. Officer North arrived and administered SFSTs.
Upon completing the tests, Officer North advised the results of the SFSTs showed Mr. Silva Terrazas to be under the influence. See Officer North’s supplement for SFST results. I arrested Mr. Silva Terrazas for Driving Under the Influence of Alcohol/ Drugs (O.C.G.A. 40-6-391). I secured Mr. Silva Terrazas hands in double-locked handcuffs to the rear and checked for proper fit.
Mr. Silva Terrazas was searched incident to arrest and no contraband was found. I read Mr. Silva Terrazas the Georgia Implied Consent Notice (DDS-354 – 05/2019 green card) for Suspects Age 21 or Over (verbatim), and I requested the state-administered chemical test of Mr. Silva Terrazas blood; Mr. Silva Terrazas consented.
Mr. Silva Terrazas advised his brother could take possession of all the power tools inside the vehicle. Mr. [REDACTED] arrived on scene and took possession of all tools located in the vehicle. Mr. Silva Terrazas vehicle was impounded by Huey’s Wrecker Service and an impound sheet was completed.
Mr. Silva Terrazas was transported to the Villa Rica Police Department for processing. 10-8 Forensics Technician [REDACTED] arrived. At approximately 2301 hours Mrs. [REDACTED] drew blood from Mr. Silva Terrazas right arm. The blood draw kit was dropped into evidence for processing (VR-019459).
Mr. Silva Terrazas was cited for Driving Under the Influence of Alcohol/Drugs (O.C.G.A. 40-6-391) and Taillights/Taillight lenses Required (O.C.G.A. 40-8-23). After processing, Mr. Silva Terrazas was transported to the Carroll County Sheriff’s Office for housing.
[End of Narrative]
[NARRATIVE #2 on May 03, 2023]
On May 3, 2023 I, Officer North performed standardized field sobriety testing on Silva Terrazas in reference to Officer Roseberry’s DUI investigation. Before beginning my evaluation, I asked Terrazas if he had any injuries to his feet, ankle, knees, or hips that would prevent him from completing the evaluation. Terrazas advised he did not. I began my field sobriety evaluation.
Standardized Field Sobriety Testing (SFST)
Horizontal Gaze Nystagmus (HGN): 6 of 6 clues
Before beginning the evaluation, I medically cleared Terrazas and confirmed that he had no resting nystagmus, or brain injuries. Terrazas advised he had no brain injuries or resting nystagmus. Terrazas was positioned in front of a Villa Rica patrol vehicle, on relatively flat and level pavement.
Terrazas was instructed to follow a stimulus, pen, with his eyes while keeping his head stationary. Terrazas advised he understood the instructions and indicated he was ready to begin the assessment.
– Terrazas had equal tracking and equal pupil size in his left and right eye.
– Terrazas had lack of smooth pursuit in his left and right eye.
– Terrazas had distinct and sustained nystagmus at maximum deviation in his left and right eye.
– Terrazas had onset of nystagmus prior to 45 degrees in his left and right eye.
Walk and Turn (WAT): 2 of 8 clues. (performed in front of vehicle 6743)
Before administering the Walk and Turn evaluation on [Terrazas], I asked [Terrazas] if he had any injuries to his feet, ankles, knees, or hips that would prevent his from walking in a straight line. [Terrazas] advised he did not. I administered the One Leg Stand evaluation. I explained the instructions and demonstrated the evaluation.
– Terrazas made an improper turn.
– Terrazas took an improper number of steps
One Leg Stand (OLS): 1 of 4 clues. (performed in front of vehicle 6743)
I administered the One Leg Stand evaluation. I explained the instructions and demonstrated the evaluation.
-Terrazas placed his foot down during the evaluation.
Portable Alco-sensor: 0.120
I obtained my department issued portable alco-sensor from my patrol vehicle. Terrazas provided a breath sample, which returned with a reading of 0.120 BAC, indicating a positive presence of alcohol. I advised Officer Roseberry of my findings.
[End of Narrative]