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On Saturday, May 9, 2020, Oklahoma Highway Patrol Trooper John Fugate made contact with a 2011 Nissan Infiniti traveling northbound on Highway 69 near Five Mile Road.
The driver, Eduardo Palacios Cortes, 32, of Dallas, Texas, was going 100 miles per hour in a 70 mile per hour zone.
Trooper Fugate approached the Infiniti and could smell an odor of an alcoholic beverage coming from inside the car. The trooper asked Cortes if he had been drinking.
Cortes admitted to drinking and had four open bottles of Modelo beer inside the vehicle. He also told the trooper he did not have a valid driver’s license.
Cortes was unsteady on his feet while walking back to the patrol unit, had red blood shot eyes, and the odor of alcohol on his person and breath.
Trooper Fugate gave Cortes a field sobriety test; due to how unsteady Cortes was on his feet the test was discontinued for safety reasons.
After being read Implied Consent, Cortes was given the State’s test, blowing a 0.14; legal intoxication in Oklahoma is 0.08.
Cortes is charged with driving a motor vehicle while under the influence of alcohol, (misdemeanor), and transporting opened container of intoxicating beverage, (misdemeanor).