Man Pleads 5th to 5th DWI

LOL only where I live!

From this morning's paper:

Carlsbad man pleads fifth after fifth DWI

By Reid Wright
Current-Argus Staff Writer
Posted: 11/11/2009 09:16:02 PM MST




CARLSBAD — A local man faces multiple charges after allegedly leading police on a high-speed chase through more than 5 miles of city streets - accelerating to 80 mph, blowing through stop signs and swerving into oncoming traffic, according to court documents.
Jose Pando, 29, of the 2000 block of Curry Road, is charged with aggravated DWI (fifth offense), reckless driving, aggravated fleeing, driving under a suspended/revoked license and three counts of refusing to sign citations after an alleged incident Sunday night.
The reporting officer said he was approaching the intersection of Mermod and Cypress streets when a maroon pickup turned out into the street and came to a complete stop. The officer pulled up behind the vehicle, which sat there for about 15-20 seconds and then suddenly peeled out and sped away.
The truck then reportedly swerved between lanes through the curve into Texas Street, then blew through a stop sign as it turned south on Sixth Street, veering into oncoming traffic to pass another vehicle. At this point, the officer reported having both emergency lights and sirens on.
The officer said the vehicle blew through another stop sign onto Standpipe Road, where it accelerated to 80 mph, passing more vehicles and occasionally drifting off the road onto the dirt shoulder, nearly losing control.
The vehicle nearly crashed as it veered onto Curry Road, the officer reported. It slowed down momentarily, then peeled out and sped up to 60 mph. The vehicle continued at a high rate of speed, turning north and west on Quay, then returning to southbound Standpipe, where it again accelerated to 80 mph, the officer reported.

Another patrol unit joined the pursuit as the vehicle skidded around a curve, regained control and threatened to collide with an oncoming vehicle, which pulled off onto the shoulder, the document stated.
The vehicle then blasted through a stop sign, crossed Hidalgo Road, and launched into a dirt field - narrowly missing a telephone pole and guy wire. The officer reported the vehicle then came to a stop.
Police approached the vehicle and found Pando in the passenger's seat, apparently pretending to be asleep, the officer reported.
Pando smelled like alcohol, the officer reported, and there were two beer cans found in the cab of his truck. Pando refused to take field sobriety tests, but consented to blood tests. He refused to sign three citations, the officer reported.
After being read his rights, Pando said, "I plead the fifth," the document stated, apparently referencing the Fifth Amendment of the U.S. Constitution which protects witnesses from being forced to incriminate themselves.
The officer was informed it was Pando's fifth DWI and his driver's license was suspended/revoked with an arrest clause. Pando was placed on a $10,000 cash-only bond. His preliminary hearing is set for 11:30 a.m. Nov. 24 at Magistrate Court before Judge Henry Castañeda.