Herrington was asked to step to the most level surface at Franklin Ball Field, to perform SSFT's. Herrington was asked to perform the following test: HGN, Walk & Turn and also …show more content…
Herrington was asked to stand on any leg he preferred with his foot parallel to the ground, 6 inches off the ground. Also I advised him to count out loud as 1,001,1,002, 1,003 and so on till I tell him to stop. Herrington couldn’t stand in one spot without swaying during my demonstration. When asked to perform the test he never lifted his foot off the ground. He just kept his toes on the ground with his heel up. He attempted to keep his foot up 6 inches then put it right back down for a total of 5 times. Herrington also used his arms every time to balance himself when trying to perform the test.
After performing all the SSFT test, Herrington voluntarily blowed in the PBT test. The PBT read .12.
Herrington was then placed under arrest for Driving Under the Influence of alcohol and transported to the Troy City Jail where he was processed. Herrington was also Cited for Driving Under the Influence of alcohol. The vehicle was inventoried and towed by Peewees Wrecker.
At the jail, Herrington was read his implied consent and asked to blow a breath sample in the Drager. The time of the initial stop was at 21:17. Herrington did have his 20 minute depravation period prior to the Drager breath sample. Once at the jail, Herrington threw up at 21:56 and was given another deprevation period. The next test was given at 22:16. Herrington was given 5 attemps to blow. Herrington was unable to blow. Herrington was then placed into a