Peru, IN – Kimberly Statton, 33, of Peru Indiana is facing a charge of Operating While Intoxicated-Refusal after a traffic stop that took place on at Taco Bell, 730 N. Broadway St., Peru, on Thursday, September 12, 2019, at approximately 11:04 a.m.
According to a PPD probable cause affidavit, PPD Officer Sam Finnegan was out on a lunch break at Taco Bell. While seated at a table, the Taco Bell staff frantically came out attempting to get Officer Finnegan’s attention. The staff pointed to a woman in the drive-thru and stated that she was “on something” and requested that Officer Finnegan watch her.
Officer Finnegan then observed the driver of the black Nissan drive both left-side tires up onto the curb as she drove through the drive-thru lane. Officer Finnegan then left the restaurant and attempted to catch up to the vehicle. He then observed the vehicle approaching the construction area on Broadway near Deloris and witnessed the vehicle almost strike the orange cones.
Officer Finnegan was able to get behind the Nissan Murano around Albert Street. As the vehicle passed by the School by Logan Street, Officer Finnegan observed it cross the center line coming close to a passing vehicle.
Near 10th Street, it again crossed the center line almost colliding with an oncoming vehicle. At this time, Officer Finnegan activated his emergency lights to conduct a traffic stop. The vehicle continued and attempted to turn left onto Ewing Street east from Broadway. As it was “creeping” left in the other lane, the vehicle stopped suddenly as it almost pulled into the path of a motorcycle. The vehicle came to a stop on Ewing, east of Broadway in the travel portion of the roadway.
Officer Finnegan made contact with the female driver who immediately handed him her identification showing her to be thirty-three year old Kimberly Statton of Peru, IN. According to his report, “Kimberly had very slowed slurred speech. She also had very slow manual dexterity.”
When Officer Finnegan informed her that she had almost hit three vehicles, she appeared to be unbothered.
While talking with Kimberly, Officer Finnegan could detect the odor of an alcoholic beverage coming from her breath. He could also detect the odor of marijuana coming from the vehicle. When asked if she had been drinking, Kimberly stated “No.” She also denied being on any medications.
Upon the arrival of Lt. Sofianos and Officer Mitchell, Kimberly was asked to exit her vehicle. She was very unsteady and had a difficult time walking according to the report. Officer Finnegan had to tell her where to stand a couple of different times.
Kimberly then agreed to perform some standard field sobriety tests. The first test was the horizontal gaze nystagmus test. According to the report, Kimberly failed this test showing all the clues.
The next test administered was the walk and turn test. She also failed this test again showing all the clues.
The last test given was the one-leg stand test. Kimberly again failed this test, showing all the clues except for hopping.
Kimberly then agreed to a portable breath test. Kimberly had difficulty following instructions for this test, but Officer Finnegan did obtain a result of .13%. She also stated that she had one beer a couple of hours prior to this encounter.
Kimberly was then read Indiana Implied Consent and agreed to take a certified breath test. She was transported to the Peru Police Department for this test by Officer Mitchell. Officer Mitchell advised that Kimberly did not give a sufficient sample. She was offered another chemical test by way of a blood draw, but she refused to take any further chemical tests. Kimberly was then transported to the Miami County Jail by Officer Mitchell.
Kimberly Statton, 33, of Peru, faces a charge of Operating While Intoxicated- Refusal.
All criminal suspects are presumed innocent until proven guilty in a court of law.