The Lake Wales Police recently stopped a man driving on SR 60 and swerving down the road. This stop resulted in the arrest of Filadelfo Hernandez-Gabriel. Mr. Hernandez-Gabriel reported to the arresting officer he has never been issued a drivers license.
Here is an excerpt of the arrest affidavit. (It should be noted that this is an unedited report of facts by the Lake Wales Police Department. These facts are up for question and everyone is entitled to question the validity of facts by law enforcement in a court of law. The Lake Wales Daily does not rewrite these facts as some meanings or interpretations could be in error and change context. We hope readers appreciate being able to read the information and come to their own understanding and conclusions) :
“On 04/10/2024, while traveling east on Hwy 60 near High St., I observed a dark color Ford Explorer traveling in front of my patrol vehicle. The vehicle was crossing over the dividing lines going over both sides and almost hitting the curb. The vehicle was on the outside lane and was drifting over to the inside lane, then back to the outside lane over the solid white lane almost hitting the curb.
I conducted a traffic stop and the vehicle came to a stop in the RaceTrac parking lot. I made contact with the driver, Filadelfo Hernandez-Gabriel, who appeared intoxicated; I could smell the odor of alcoholic beverage emitting from his breath, his eyes were watery and bloodshot, and his speech was slurred. I asked Hernandez-Gabriel for his driver’s license, which he fumbled in his wallet searching for a long period of time. I eventually interrupted his search and asked him if he was ever issued a license in the U.S, which he stated he was never issued one.
I had Hernandez-Gabriel exit the vehicle and asked him to walk to the rear, which I observed him stumble and he appeared to have a difficult time maintaining balance. Post Miranda, Hernandez-Gabriel admitted to consuming 6 Modelo beers, not including a Modelo beer in his cup holder.
advised Hernandez-Gabriel I suspected him of driving under the influence and asked him if he was willing to perform field sobriety exercises, which he agreed. I first conducted the Horizontal Gaze Nystagmus exercise. During the exercise, Hernandez-Gabriel was swaying and had a difficult time maintaining balance. I observed lack of smooth pursuit, distinct and sustained Nystagmusat maximum deviation, and onset of Nystagmus prior to 45 degrees. Additionally, Hernandez-Gabriel kept following the stimulus with his head and stopped tracking it during several occasions.
Next I conducted the Walk and Turn exercise. During this exercise, Hernandez-Gabriel missed heal to toe numerous times during both 9 steps. Additionally, he raised his arms and fell off the line multiple times.
I then conducted the One Leg Stand exercise. During this exercise, Hernandez-Gabriel had a very difficult time maintaining his balance. He put his foot down several times and was not extending his leg and toes outwards as instructed. Hernandez-Gabriel was unable to count past 6 seconds and used his arms to attempt to regain balance.
At this point, I placed Hernandez-Gabriel under arrest and transported him to the Polk County Processing Center where I initiated his 20-minute observation at 0055 hours. At 0115 hours, After the observation period, Hernandez-Gabriel consented to a breath test: the first sample showed 0.143g/210L of breath, the second sample showed 0.140g/210L of breath.
I also ran Hernandez-Gabriel through FCIC/NCIC, who confirmed he was never issued a driver’s license.
Based on my investigation, probable cause exists to charge Hernandez-Gabriel with F.S 316.193(1) -driving under the influence,and F.S 322.03(1) – No drivers license, for operating a motor vehicle on city roadway while impaired.”
