Posted by Travis Uresk | Jan. 9th, 2023 | DUI |
By Travis Uresk
1/9/23
Duchesne, Ut.- On January 5th, 2022, at approximately 7:37 pm, UHP Officer Mikulich observed a vehicle traveling at a high rate of speed at 300 east Main Street in Duchesne, Utah.
His radar registered the vehicle at 44 mph in a 30 mph zone.
Officer Mikulich performed a vehicle stop at 100 east Main Street at the Shell gas station.
The male driver exited the vehicle immediately and walked over to the Officer. Officer Mikulich informed the driver of the reason for his stop. The driver handed the Officer his keys and CDL driver's license.
The driver acted odd, and Officer Mikulich suspected he was under the influence.
He could smell the odor of alcohol coming from his body.
Officer Mikulich attempted to put the driver, identified as 44-year-old Scotty Lewis Hoerster, through field sobriety tests.
The Officer instructed Scotty on the horizontal gaze nystagmus test. Scotty failed to follow his instructions. Officer Mikulich told Scotty to follow his finger with his eyes without moving his head. Scotty became agitated and put his fingers in his pockets.
He told Scotty to remove his hands and place them at his side. Scotty refused to cooperate with performing the tests, turned around, and told the Officer to arrest him.
Officer Mikulich placed Scotty in handcuffs for refusing to perform the field sobriety tests.
While the Officer was attempting to pat Scotty down, he turned towards Officer Mikulich, threatened him, and said he was going to shoot the Officer.
Officer Mikulich took Scotty to the ground and called for backup.
Scotty was highly agitated and told Officer Mikulich he had two children in the vehicle.
Scotty was yelling at other individuals at the gas station to film the situation and to take his children.
Officer Mikulich asked an unidentified female, who was pumping gas, whom Scotty was telling to film the altercation and take his children if she knew Scotty and the children, and she said no.
Officer Mikulich attempted to get Scotty up and place him in his patrol vehicle, and Scotty began to pull away and resist. The Officer put Scotty over the fender of his vehicle to gain compliance.
Two Duchesne County Deputies arrived on the scene and assisted Officer Mikulich with placing Scotty in the back seat of his patrol vehicle.
Officer Mikulich made contact with the two male juveniles in Scotty's vehicle. The two males are Scotty's sons, aged nine years old and eight years old.
Officer Mikulich called Scotty's girlfriend, who agreed to take responsibility for the two juvenile males.
Duchesne County Deputy Meeks transported the children to the girlfriend’s residence while Officer Mikulich transported Scotty to the Uintah Basin Medical Center.
During the transport, Scotty made threats of violence, claiming he was going to harm the Officer’s wife and children.
Officer Mikulich tried to read the request for a chemical test to Scotty when they arrived at the hospital, but Scotty yelled and talked over him as he read the request to him.
When Officer Mikulich asked Scotty if he would submit to a chemical blood test, he refused. While attempting to read the refusal admonition to Scotty. he screamed and yelled while reading the admonition, and he refused to submit after Officer Mikulich read the refusal admonition.
As Officer Mikulich was walking Scotty into the emergency room, to obtain a medical clearance, Scotty was screaming obscene language and pulling away from the Officer and Roosevelt Police Officer Bench, who was assisting.
Scotty was told to stop and comply, but he continued screaming obscenities and resisting. Officer Bench and Officer Mikulich used pressure point techniques to gain compliance, and Scotty continued his behavior in the hospital’s emergency room, creating a nuisance in front of other patients.
Scotty was laid on the hospital bed, and the Officer’s continued to use pressure points to obtain compliance. Once Scotty began to comply.
Officer Mikulich obtained a warrant for a forced blood draw and tried to read the warrant to Scotty while he yelled and acted belligerent in the hospital emergency room.
Scotty said he would not comply and not allow him to draw his blood because he is afraid of needles. Scotty has multiple tattoos on his body.
With the assistance of several officers, Scotty was restrained on the hospital bed, and a certified Phlebotomist, Roosevelt Police Officer Thompson, obtained blood.
Scotty was then transported to the Duchesne County Jail and booked into jail.
Scotty was charged with two counts of driving under the influence of alcohol with passengers under 16, assault against a police officer, disorderly conduct, refusal of a chemical test, and speeding.
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