Winter Haven, Florida – Winter Haven Police arrest Samuel Perez, 30, on suspected DUI after he collides with several vehicles in Winter Haven. He was charged with one count of driving under the influence and one count of leaving the scene with property damage.
The following is a long exerpt from the Winter Haven Police Department affidavit. (It should be noted that this is an unedited report of facts by the Winter Haven 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. Winter Haven 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 February 2, 2022 at approximately 1856 hours, I responded to the Tiger’s World Martial Art located at 1007 6th Street Southeast, Winter Haven, Polk County, Florida 33880, in reference to a three vehicle collision.
Upon my arrival I observed a blue Toyota sedan bearing tag (redacted) with severe damage to the front bumper and passenger front tire which had collided into a wooden pole on Avenue K SE. I observed a white Chevrolet Camaro bearing tag (redacted) in the opposite lane of travel on Avenue K SE with damage on the passenger driver door. I observed a beige minivan bearing tag (redacted) parked in the parking lot of the above mentioned address with damage to the rear bumper.
I made contact with the driver of the beige minivan who was identified as (redacted) who advised he was driving southbound on 6th Street SE when the blue Toyota sedan collided into him from behind. He advised he pulled into the parking lot of the Tiger World, when he made contact with the driver of the blue Toyota, the driver got back into his vehicle and drove through the parking lot turning onto Avenue K SE. I made contact with the driver of the white Chevrolet Camaro who was identified as (redacted) who advised he was driving eastbound on Avenue K SE when he observed the blue Toyota sedan get into his lane of travel. He advised he swerved into the left lane to avoid colliding head on with the vehicle, but was side swiped on the passenger door.
Prior to my arrival officers on scene had made contact with the driver of the blue Toyota sedan who was identified as Samuel Perez (the defendant) by his Florida driver license. While attempting to ask how he got into the collision, he kept advising he had deformities and would not answer the question. Officers prior to my arrival advised the defendant advised had collided into the minivan. When asked how he managed to crash into wooden pole on Avenue K SE, he advised he turned right onto Avenue K SE and the white Camaro was in his lane of travel. The defendant advised he swerved to avoid crashing into the white Camaro which resulted him crashing into the pole.
It should be noted while conducting my vehicle collision investigation, the defendant was slurring his words and continued to advise his foot were deformed. Upon completing my crash investigation, I advised dispatch the changing of the hats. I read the defendant his Miranda rights off my agency issued card, I asked him if he understood the rights that were read to him; he verbally advised yes. I asked the defendant where he was coming from, he advised he was leaving his residence at Avenue G SE. When asked if he had drunk any alcoholic beverages, he continued to advise he had deformities and had deformed feet. It should be noted while speaking to the defendant I could smell a faint sweet odor of alcoholic beverage emitting from his breath and slurring of his speech. I observed the defendant to have white foaming around the mouth. I asked the defendant if he had any medical problems besides his disability of his feet such as diabetes, he advised he believed he did due to his mother having diabetes and he may have inherited it. The defendant did advised he had Charcot-Marie-Tooth disorder, when asked if he takes medication for it; he became upset and advised he was not due to former President Trump removing the ability for him to acquire the medication.
I asked the defendant if he would consent to Field Sobriety Exercise, he advised his balance was not good and he could not participate. I advised the defendant there were other Field Sobriety Exercise’s that would not require him to walk. I asked the defendant if he would consent to Field Sobriety Exercises, he continued to advise his balance was not good. I advised the defendant I did not ask if he could walk or balance. It should be noted the defendant was sitting on a concrete wall next to the pole he had struck. I asked the defendant if he would consent to Field Sobriety Exercises, he advised me to do what I needed to do.
I attempted to perform the horizontal gaze nystagmus while the defendant was sitting on the concrete wall. I advised the defendant to try to sit as straight as possible and to look straight at the tip of my pen. I asked the defendant to sit up straight but continued to ignore my instructions, I advised the defendant again to sit up straight and place his hands to his side; the defendant advised he did not understand what was being asked of him. I explained the instructions again to the defendant, but he continued to pretend he did not understand the instructions. I advised the defendant if he did not perform the exercises, I would have to make my decision based what I observed at the time. The defendant continued to ignore the instructions and advised he is disabled and I was denigrating him for having disabilities.
Based on my observation I determined the defendant may be operating his vehicle while being impaired. I placed the defendant under arrest and transported him the back of my mark patrol car. Once the defendant was placed in my patrol car, I searched the defendant’s vehicle and located an empty Four Loko can in the center of the console with fluids still near the opening of the can. A second unopen can of Four Loko was found on the passenger floorboard.
While transporting the defendant to the Polk County Processing Center, the defendant begun hitting the back seat of my patrol car. The defendant began telling me he was going to sue the entire agency for arresting him. It should be noted while the defendant continued to talk, there was a moderate smell of alcoholic beverage present.
Upon my arrival at the Polk County Processing Center I began my 20 minute observation time at approximately 2033 hours. While conducting my observation I observed the defendant looking straight at me while flickering his tongue at me. The defendant continued to flicker his tongue and at one point slouched down and closed his eyes as he was sleeping. Towards the end of the 20 minute observation, I observed the defendant smack his head against the concrete wall in the holding cell. I advised the defendant to stop hitting his head. The defendant continued to smack his head against the wall, upon remaking contact with the defendant he advised he would hit his head hard enough until he became “retarded”. I finished my 20 minute observation time at approximately 2053 hours.
I advised the defendant I was requesting him to submit to a lawful breath test, when asked if he would submit he stated, “I guess.” I advised the defendant he had to answer yes or no, but continued to state “I guess.” I advised the defendant again he needed to answer with yes or no, the defendant asked if he should have a lawyer present. I advised the defendant that would be up to him, when I asked the defendant if he would submit to the lawful breath test; he advised he did would not take the test. I read implied consent to the defendant, which he advised he still would not take the test.
The defendant was transported the Bartow Regional Medical Center due to his airbag being deployed. While at the hospital I could smell a moderate odor of alcoholic beverage emitting from the defendants mouth every time he spoke. While waiting for a room to free up, the defendant began twitching in his seat in the waiting lobby. Once the defendant was placed in a room he would switch from being talkative and calm and would began telling me he is going to sue the agency for arresting him; making statements he will be receiving money from the incident. While waiting in the room I could hear the defendant state, “I screwed up.” Once the defendant was medically cleared from the hospital, he was transported to the Polk County Processing Center.
The defendant is being charged with the following: One count of driving under the influence.
One count of leaving the scene with property damage.