Jose Perez-Hernandez (2024)

Name:
Perez-Hernandez, Jose Juan

Date of Booking:
04/13/2024

On April 13, 2024 at approximately 1219 hours Deputy Center was dispatched to the area of Wendell St and Christian Ave in reference to a motor vehicle collision. Upon arrival, Deputy Center noticed a white Chrysler 300 bearing Georgia registration [REDACTED] and a tan Honda Accord bearing Georgia registration [REDACTED]. Both of these vehicles were parked in front of [1800 BLOCK] Wendell St.

Deputy Center spoke with Mr. [VICTIM #1]. Mr. [VICTIM #1]’s ability to speak and comprehend English was not fluent, be he knew some. Deputy Center asked for Mr. [VICTIM #1]’s license, which he provided a valid driver’s license through Georgia. Mr. [VICTIM #1] was able to communicate that the driver of the tan Honda had rear-ended him at the intersection of Riverbend Rd and Antioch Rd. The damages of this were consistent as well, as the white Chrysler had damage to its rear bumper (near the 7 o’clock area) and the tan Honda had damage to its front bumper (near the 1 o’clock area). Mr. [VICTIM #1] followed this Honda back to this residence at [1800 BLOCK] Wendell St.

Deputy Center relocated and spoke with Mr. Jose Perez-Hernandez. Mr. Perez’s ability to speak and comprehend English was not fluent, be he knew some. Deputy Center ask Mr. Perez for his license, which he checked his wallet then stated he did not have a license. When Deputy Center confirmed with Mr. Perez if he did not have a license on his person or a license in general, Mr. Perez replied “no license”. Deputy Center smelled the distinct smell of an alcoholic beverage emit from his person as he spoke, noticed his speech was very slurred, and Mr. Perez could not stand without swaying or falling. Deputy Center noticed that Mr. Perez’s eyes were also glossy. Deputy Center asked Mr. Perez if he had been drinking alcoholic beverages, which he stated he had.

Deputy Center had Mr. Perez place his feet together and place his arms by his side, which he did. Deputy Center asked Mr. Perez if he had any recent head injuries or medical conditions to do with his head or eyes, which he stated no. Deputy Center then asked Mr. Perez if he understood what Deputy Center was saying which he stated he did. While Mr. Perez was standing during this, he lost his balance toward his left side and stated “Oh Sh*t!”. Once, Mr. Perez gained his balance, Deputy Center had him look at the tip of his pen that was held approximately 12-15 inches from Mr. Perez’s face and slightly above eyelevel. Deputy Center instructed Mr. Perez to follow the pen with his eyes only, not moving his head, which he stated he understood.

As Deputy Center moved the pen, Mr. Perez would follow the pen with his head. Deputy Center instructed Mr. Perez to follow the pen with his eyes only and not to move his head again, which Mr. Perez stated he understood what Deputy Center was saying. As Deputy Center began moving the pen to the side again, Mr. Perez would move his head again. Before Mr. Perez would move his head, he would follow the pen with his eyes slightly. Deputy Center was unable to complete the entire battery of the Horizontal Gaze Nystagmus task, but did observe the following in both eyes; equal pupil size, no resting nystagmus, equal tracking, and the lack of smooth pursuit.

Deputy Center did not have Mr. Perez preform the Walk and Turn task or the One Leg Stand task due to Mr. Perez not being able to stand without swaying or falling, and the lack of communication.

Mr. Perez was placed under arrest with handcuffs, checked for proper fit and double lock, and was escorted to the rear seat of Deputy Center’s patrol car. After running Mr. Perez through the National Crime Information Center, he did not return with any driver’s license.

Deputy Center spoke with a witness who observed the motor vehicle collision. This witness was driving a Dalton Utilities Ford F-150, but wished to remain anonymous. This witness stated that the white Chrysler 300 was stationary at the red light on Riverbend Rd near the Antioch Rd intersection, facing south, and he heard tires screeching then observed the tan Honda hit the white Chrysler in the rear. When the driver of the white Chrysler exited the vehicle, the tan Honda left the scene, which the driver of the white Chrysler and himself followed until the tan Honda stopped at [1800 BLOCK] Wendell St.

Mr. [VICTIM #1] was entered into the National Crime Information Center and returned with a valid Georgia driver’s license. Mr. [VICTIM #1] was given a copy of the case number and released. Both vehicles were entered into the National Crime Information Center, which both returned with valid registration statuses through Georgia and valid insurance statuses.

Mr. Perez was transported to the Whitfield County Jail. At the Whitfield County Jail, Mr. Perez was read the Georgia Implied Consent Notice for Suspects age 21 and Over for the state administered chemical test of his breath and blood, which he agreed. Mr. Perez was read the Georgia Implied Consent Notice at the Whitfield County Jail due to safety reasons of being on the side of the tight road of Wendell St with his balance being unsteady. Officer Lopez translated Mr. Perez’s Miranda Rights to him, which he stated he understood and did not wish to speak. After this, Mr. Perez voluntarily told Officer Lopez that he “had drank a whole liquor store”.

Deputy Center operated Intoxilyzer 9000, serial number 90-000763, which Mr. Perez successfully provided two breath samples. His first breath sample result was 0.227 BrAC at approximately 1323 hours, and his second breath sample result was 0.237 BrAC at approximately 1328 hours.

Mr. Perez was charged with the following; O.C.G.A. 40-6-391(a)(1) Driving under the influence on citation #316619, O.C.G.A. 40-5-20 Driving with no license on citation #316620, O.C.G.A. 40-6-270 Leaving the scene of an accident on citation #316621, and O.C.G.A. 40-6-49 Following too closely on citation #316622.

Mr. Perez was released to booking staff without further incident.

[End of Narrative]