Fernandez, Larry John
Date of Booking:
Reason(s) For Booking:
Dui- Driving Under Influence Of Alcohol
Following Too Closely
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets.]
On 08/18/2021 I, officer S. Herrera responded to the intersection of Veterans Drive & Underwood Street in reference to a motor vehicle accident.
Upon arrival I observed the two vehicles involved in the accident. As I approached the vehicles I observed that the driver of the maroon Ford F150 was leaning against the truck for support, and balance. The male was later identified as Larry Fernandez. I approached him and asked him if he was injured, or in need of medical attention. He stated that he was not injured. I noticed that his speech was slow and slurred when he responded to my question. I asked him if anyone else was in the vehicle, and he said no. I asked him to explain to me what caused the accident and he said the following “I have little tires on my truck”.
While questioning Larry, he kept changing his answers and was not making sense. I asked Larry where he was going, and he said he was going home. I asked Larry where he was coming from and he said his house. I asked Larry where he lived and he said Zaxbys. While speaking to Larry, he continued to use the truck for balance and support. I asked Larry how he was feeling today and if he had any medical issues. He said that he felt good today and that his only medical problem was asthma. I asked him if he had pain in his back, upper body, or legs and he said no.
I advised Larry that I was concerned for his well being and that I wanted to run him through a series of tests to make sure he was safe to operate a motor vehicle. Larry said “no”. I re-advised Larry that I was concerned for his safety and I asked him again if he would perform standardized field sobriety tests to make sure he was safe to operate a motor vehicle. Larry said no.
Larry was showing all the signs and symptoms of a person being under the influence of alcohol. Larry had slurred speech, the odor of alcohol coming from his person, trouble maintaining balance, and used the truck for support.
I made the decision to place him under arrest. I called for officer Johnson to come assist me in the arrest. While officer Johnson and I got closer to Larry, the odor of alcohol increased from his person. We attempted to place him in handcuffs, and he fell forward to the ground. While he was on the ground I was able to secure the handcuffs around his wrist. I told Larry to stand up and walk to my patrol car. Larry continued to lay on the ground and was unable to stand up on his own. Officer Johnson and I had to assist Larry on his feet and walked him to my patrol car. Larry had trouble getting into the back of the patrol car.
Once Larry was in the back of the patrol car, I read him Georgia implied consent. While reading him implied consent he would interrupt me and say “fu*k you” to me. I finished reading implied consent and he refused the state test.
I transported him to the Whitfield County Jail where he was charged with citation number 565522 for OCGA 40-6-49 following too closely and citation number 565523 for OCGA 40-6-391A1 (3rd). He was turned over to the booking staff at the Whitfield County Jail.