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CLEAR LAKE | A Clear Lake man has been charged with an OWI and other violations after a Cerro Gordo sheriff's deputy saw him park in a handicapped parking space at Kwik Star early Monday. 

Sean Patrick Clemons, 28, was arrested following an incident at 3:11 a.m. Monday at 3205 Willow Creek Court in Clear Lake.

A Cerro Gordo County deputy pulled into Kwik Star when he saw a Clemons exiting his blue 2008 Dodge Avenger and walking into the store, court documents said.

“I observed that the subject had parked in a handicapped parking spot,” the deputy said in the criminal complaint.

The deputy then entered the store to find Clemons and speak with him.

“Before speaking with him a clerk from the store came up to me and said the driver of the vehicle appeared intoxicated as he was unsteady on his feet,” the deputy said. “Once the subject exited the bathroom I approached him to ask him about parking in the handicapped spot.”

According to court documents, Clemons had a very strong odor of an alcoholic beverage coming from his person, bloodshot watery eyes, slurred speech and was unsteady on his feet.

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“I asked Mr. Clemons to exit the store with me to continue my investigation,” court documents said. “Mr. Clemons failed field sobriety, not completing the third test offered and blew almost 2 times the legal limit on the PBT (preliminary breath test).”

He refused and failed several field sobriety tests, charging documents said. 

Clemons is charged with misdemeanor operating while under the influence, second offense. He was also cited for open container - driver over 21 years old, failure to provide proof of financial liability and unlawfully parking in a handicapped parking space.

Clemons has a prior OWI conviction from 2009 in Cerro Gordo County.  

He is released on his own recognizance after his initial court appearance Monday and is scheduled to appear in Cerro Gordo County District Court April 6.

As a specific condition of his release, Clemons must contact a licensed substance abuse facility or counselor to schedule an appointment for a substance abuse assessment interview.

He must attend the assessment interview and follow through with any referrals or recommendations made by the evaluator within 30 days. 

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Contact Courtney at 641-421-0534 or on Twitter @CourtneyFiorini.

 

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