NWGA Scanner | July 12th, 2022

Dalton man arrested for DUI again after leaving bar with no headlights on in the early morning hours

According to a Dalton Police Department innocent report, On June 26th, 2022, at 3:55 AM, Officer Selby was traveling north on North Hamilton Street near West Waugh Street when he observed a 1998 Toyota Tacoma back out of a diagonal parking spot in front of Tenoch. According to the report, This vehicle’s headlights were turned off. This vehicle then was sitting momentarily in the roadway. The officer initiated a traffic stop due to the headlights not being turned on. Officer Selby reported, “When [I] made contact with the driver, Filiberto Mendez Herrera, 63, of Dalton, [I] noticed that his eyes were extremely red and glassy. [I] also observed him have a paper bracelet on his wrist, which is common for this bar to issue to subjects who are 21 years of age or older to consume alcohol.” Once he handed his license to me, [I] then asked him to step out of his vehicle. When Filiberto did so, [I] observed that he was very uneasy on his feet. He appeared to have trouble maintaining his balance as he was propping up on his vehicle. When Filiberto reached the rear of his vehicle, [I] detected a strong odor of an alcoholic beverage coming from his mouth area.” During standardized field sobriety tests, Filiberto showed several signs of impairment. Filiberto did not provide a breath sample. He acted like he was blowing into the alco-sensor, but he actually was not. Filiberto was placed under arrest for DUI and agreed to the state test. Filiberto was transported to the Whitfield County Jail, where he showed a BAC of .140 grams of alcohol. Officer Selby reported, “Due to the results on the Intox 9000 [I] filled out an ALS form.” Filiberto was charged with DUI (.08 grams or more) and lighted headlights on. According to Whitfield County Sheriff’s Office incident report, Filiberto was arrested for DUI in August 2021 after a Whitfield County deputy stoped him going the wrong way on I-75 in the early morning hours.