Pago Pago, AMERICAN SAMOA — Iosefatu Tupulua was arrested last month after he was found driving while his driver’s license is permanently suspended. Tupulua, who made his initial appearance in Court last month is charged with felony driving.
Felony driving while a license is suspended is a class D felony, punishable by imprisonment of up to 5 years, a fine of up to $5,000, or both; along with one count of driving under the influence of alcohol and careless driving, both misdemeanors.
Bail is set at $5,000, surety bond.
THE CASE
The government alleges that on May 5, 2022 around 6:30p.m, a vehicle was pulled over by a police officer in the Iliili area, after he observed the vehicle traveling in the westbound lane with 2 minor children standing inside the vehicle.
Several other police officers patrolling in the area were called to assist the one officer who initiated the traffic stop.
As the officer approached the defendant, he could detect the odor of alcohol coming from both the vehicle and the defendant’s breath. That is when the arresting officer called for back-up.
The driver of the vehicle was later identified as Iosefatu Tupulua, the defendant in this case.
The defendant was asked if he was willing to take the field sobriety test and he agreed to do so. The test was performed and the defendant failed the Standardized Field Sobriety Test and was placed in police custody, where he was verbally advised of his rights in the Samoan language.
The officer also informed the defendant that there was a Breathalyzer test that could be administered if he was willing. The defendant agreed to the Breathalyzer test and blew a B.A.C of .115%.
(This blood alcohol concentration can produce euphoria, sedation, impaired coordination, decreased sensory responses to stimuli, decreased judgment, according to the Clinical Navigator website.)
Since the defendant had personal belongings in his vehicle, he was detained and placed inside the rear passenger seat as the officer operated the vehicle to the TPS where officer’s discovered in addition to allegedly driving impaired, his license had been permanently suspended.
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