Early Thursday morning a Montgomery County Precinct 4 Sgt. was northbound on Loop 494, waiting at a traffic light to turn left onto Northpark and head toward I-69. An 18-wheeler was eastbound on Northpark and was in the middle of a right turn to travel south on Loop 494. A black Ford SUV was traveling behind the 18-wheeler, and as the 18-wheeler was in his turn, the SUV passed him in the turn, almost hitting the Sgt. The SUV then continued south on Loop 494. The Sgt was able to turn around and stop the vehicle which was occupied by two males. The driver, Calvin Smith, age 40, of 124 Rio Rita in Dallas, and Esteban Robles, age 41, of 203 East Woodin in Dallas. However, Robles made it well known that he was from California. Both males at first denied they had been drinking, even though the odor was evident. When Robles was asked any questions, he continued to answer that he was not the driver, he was the passenger, and didn’t have to answer. Robles then told the Sgt he shouldn’t have been parked in the middle of the road if he was worried about getting hit. (Sgt was in a left turn lane waiting on the light) Smith fully cooperated, and as the sergeant attempted a field sobriety test, Robles kept telling Smith he didn’t have to do it and continued to video the situation with his phone. Another deputy on the scene then moved him away to his patrol unit. Robles was not in custody at the time. Smith was not able to do the field sobriety test and then admitted he had only one shot of alcohol, but had been smoking marijuana and was high. He gave permission to search the vehicle, at which point a mason jar was found, which was almost full of hydroponic marijuana. As this continued, the dispatcher called to verify that the deputies were secure. They were then advised that Robles had called 911, which had gone to the Houston Police and stated they were on the scene and were being harassed by officers. He then became belligerent, saying he was from California and the officers could not do what they were doing. Marijuana was legal in California. He was promptly arrested for DWI. During the entire time, Smith, who still cooperated, kept telling Robles to keep his mouth shut. Smith was transported to Kingwood Hospital for a blood draw and both were then transported to the Montgomery Coutny Jail in Conroe. Both were charged with possession of marijuana, and Smith was charged with dwi.

