458-03-4305 - Texas Alcoholic Beverage Commission

SOAR DO-T NO. 458-03-4305 PROPOSAL FOR DECTSTON PAGE 9coming ffom the Tap Bar and she described the route she took. Her passenger aIso said they werecoming from the Tap Bar and descniad the same route taken to Officer Montes. Officer Macias alsotestified that Ms. Cordero said she had been at the Tap Bar, and that she had been drinking there. Healso testified that she said she Ieft around 9 p.m, right before the accident occurred. Agent Canonuadoalso testifred that Ms. Cordero told him she had been at the Tap Bar the night at issue. Mostimportantly, Ms, Espiaoza, Ms. Cordero's co-worker, testzed that Ms. Cordero was at the bar thatnight. Three law enforcement officers testikd that Ms. Corder0 told themshe had been at the TapBar the night of December 7,2802, and her co-worker testified that she actually saw her at the TapBar the night at issue. Therefore, Ms. Cordero has been placed at the Tap bar on December 7,2002.By her own admission to the officers that arrested her, Ms. Corder0 had been drinking at the Tap Barprior to her departure to the location where she was detained.Whether Ms. Cordero was aware of the fact that she hit a pedestrian is unclear, and irrelevant,-to this proceeding. The hit-and-run happened h the downtown area of El Paso City. The Tap Bar jsalso situated In the downtown area. Eyewitnesses placed the green truck at the intersection ofCampbell and Franklin shortly after Ms. Cordero said she left the Tap Ear. TABC's variouswitnesses connected in great detail the facts ~11rrounding the driving activities of Ms. Cordera onDecember 7, 2002. The matching truck pieces are direct evidence to link the hit-and-run and Ms.Cordero. 1t is clear that she was intoxicated. Her performance en the standardized field sobriety testsgave the officer probable cause to believe she was driving while intoxicated, which was confkmedwith the results of the blood sample provided by Ms. Cordera.The negligence standard to which TABC refemed requires a determination of whether areasonable prudent person would have observed that Mr. Lopez was intoxicated. It is clear that Ms.Lopez exempGfied classic signs of intoxication: slow movements, and slumping over at the bar as