The legal limit is .08.
Herbert Curley Delgarito
March 27, 1:44 am
2nd DWI, Aggravated
McKinley County Sheriff’s Office Deputy Johnson Lee encountered Delgarito while patrolling westbound State Highway 118. He had crossed the white shoulder lines and the lane line a few times giving Lee a good reason to pull him over.
When Lee approached the vehicle, he noticed that Delgarito’s eyes were bloodshot and watery, and that he reeked of booze. When he spoke, he slurred his words. He claimed to be on medication, but Lee couldn’t make out what type of meds he was on as he spoke, according to the report.
Lee noted that there was an open box of Coors Light on the passenger side floorboard. Delgarito also claimed that his spearmint gum that gave off an alcohol-like odor. Delgarito, 30, refused to take field sobriety tests. At the Sheriff’s office he blew a .16/.15 during breath tests.
Earl R. Sherman
Jan. 28, 2:52 pm
3rd DWI
When MCSO Deputy Eric D. Jim arrived to the scene of an accident on U.S. Highway 608, he observed a Toyota Tundra with heavy rear end damage, and a Suzuki Forester with heavy front end damage. Both drivers appeared to be injured, but narrowing down a possible reason for the crash wasn’t difficult to ascertain from Jim’s report.
When he approached Sherman, 29, in his Suzuki, he could smell the “strong odor of intoxicating liquor coming from within the vehicle,” the report states. A witness said that Sherman was traveling at a high rate of speed before colliding with the vehicle.
At a local hospital, according to the police report, Sherman admitted to having more than a fifth of “99 bananas,” an alcoholic beverage. Jim failed in his efforts to get a blood test to determine Sherman’s blood alcohol content, but he was booked for DWI nonetheless.
Spencer Smiley
Jan. 21, 4:26 pm
2nd DWI, Aggravated
Smiley, 38, might have gotten away with another drunk-filled driving fest if it weren’t for an “occupant” chucking a Bud Light beer out the car window. Someone witnessed this shenanigan, which resulted in an attempt to locate from Metro Dispatch.
MSCO Deputy Merlin Benally was in the area, and spotted a vehicle matching the description of the wanted vehicle – a white Bonneville with tinted windows and heavy rear end damage. Benally called in the plates, and noted in his report that the plates were registered to a Jeep. It was enough for him to conduct a traffic stop.
Smiley attempted to step out of the vehicle, but was advised by Benally to sit back down. When the deputy approached Smiley, he noticed a 750 ml bottle of Vodka at his feet. Smiley at that point admitted to drinking, and he handed over the bottle to Benally. From there, DWI Task Force Supervisor Tammy Houghtaling took over the scene.
He failed field sobriety tests, and blew a .28, twice, during the breath tests.
Marva Cheryl Tsosie
Dec. 16, 10:15 pm
DWI
Gallup Police Department Officer Adrian Quetawki was dispatched to West Highway 66, in search of a silver GMC truck that was driving recklessly in the area.
Quetawki caught up with the truck, and noted in his report that the driver, Tsosie, was crossing over the shoulder lines. He pulled Tsosie over and asked for her driver’s license and vehicle paperwork. The officer noted that she was avoiding eye contact with him.
When asked if she had anything to drink, she told the officer that she consumed one beer at a local bar that evening. But, when she stepped out of the vehicle, she had a hard time maintaining her balance. She agreed to do field sobriety tests, but told Quetawki that she had back and knee problems, so no tests were given. Tsosie, 46, was placed under arrest for DWI, and refused to take breath tests.
Falen Claw
Dec. 16, 12:40 am
Aggravated DWI
Officer Quetawki arrived at State Highway 602 to assist with a traffic stop already in progress. GPD Officer Darius Johnson told Quetawki that when he pulled Claw over, she jumped out of the vehicle and staggered on the shoulder before reentering the vehicle.
Claw, 25, did admit to drinking two miniatures of Southern Comfort that evening. She agreed to engage in field sobriety tests, in which she failed. She blew a .24/ .21/.20 during the breath tests.
Marty Toadlena
Dec. 15, 2:20 am
Aggravated DWI
GPD Officer Andrew Thayer spotted Toadlena driving recklessly in the area of East Aztec and Boardman Drive. He initiated a traffic stop, but according to his report, Toadlena kept trucking along at 3 miles per hour.
When he finally pulled Toadlena over, Thayer noted that he showed all of the classic signs of intoxication. He did admit to having a “single Tallboy” an hour before driving. Thayer asked him to exit the vehicle, and when he did, Toadlena, 32, had a difficult time maintaining his balance.
He refused to take field sobriety tests, but took the breath tests in which he blew a .21 both times.
Eloy A. Hernandez
Dec. 11, 2:41 am
Aggravated DWI
Hernandez didn’t get a chance to enjoy a Big Mac from McDonald’s east as he was passed out in the drive-thru. And the arrival of officers spoiled any chances of him grabbing any post-napping grub.
GPD Officer John Gonzales and another officer managed to wake him up. It was a precarious situation because Hernandez, 35, had his foot on the brake and his car in drive. Gonzales noted in his report that the smell of liquor wafted from the vehicle.
The officers were able to safely remove him from the vehicle, but he refused to take any tests.
