The Norman Transcript

June 25, 2013

Man charged after pursuit

By Jessica Bruha
The Norman Transcript

NORMAN — A Lexington man was charged Monday in Cleveland County District Court after driving under the influence and taking police on a short pursuit Saturday.

Leobardo D. Perez, aka Leonardo Lopez, 37, of Lexington, was charged with an aggravated count of driving a motor vehicle while under the influence of alcohol, transporting an open container of beer, eluding or attempting to elude a police officer, resisting arrest; driving with a canceled, suspended or revoked license; and failure to yield from a stop sign.

Around 8:30 p.m. Saturday, Lexington police officer Jonathan Fried observed Perez’s vehicle stopped at a stop sign at Northeast Second Street and Broadway Avenue. As the vehicle continued south to cross Broadway, it nearly caused an accident as a westbound vehicle traveling on Broadway had to brake to stop from hitting Perez’s vehicle, the probable cause affidavit states.

Fried activated his lights to stop the vehicle and Perez’s vehicle slowed but then continued until stopping at Southeast Second Street and East Almond Street. Fried initiated his siren and continued the pursuit, the document states.

“The vehicle rapidly turned into the grass area of the park where children were playing basketball and stopped his vehicle on the grass,” Fried wrote in the affidavit.

Perez had difficulty following instructions, was unable to provide a valid driver’s license and insurance, and had a strong odor of alcohol on his breath, the affidavit said.

Fried said Perez admitted to drinking three or four beers and had bloodshot, glassy eyes. Fried then performed the Horizontal Gaze Nystagmus Test on Perez and he performed poorly, according to the affidavit.

Fried placed Perez under arrest. Upon inventory of the vehicle, the officer found three open containers and nine empty containers of beer, the affidavit said. The officer read Perez implied consent and Perez agreed to take the state’s test.

The test results showed that Perez had a Breath Alcohol Concentration of 0.21 percent, records show.

It is illegal to drive with a breath alcohol concentration of 0.08 percent or more. Any breath alcohol concentration over 0.15 is considered aggravated driving while under the influence.

“While under arrest, the defendant became escalated. For officer safety, he was placed in shackles,” the affidavit said. “The defendant continued to resist while being rehandcuffed and had to be forcibly restrained.”

According to an enhancement page filed with charges Monday, Perez has previously been convicted of or pled guilty to operating a motor vehicle while under the influence of alcohol in June 2012 in McClain County.