HILLSBORO, Ore.- On May 11, 2021, Miguel Hernandez-Cuesta plead guilty to attempted second-degree assault, aggravated harassment and driving under the influence of intoxicants. Judge Ramón Pagán then sentenced the defendant to three years formal probation and six months in the Washington County Jail. In addition to his jail sentence, Judge Pagán also ordered the defendant’s driver’s license be revoked for life. Deputy District Attorney Nadya Martin prosecuted the case against Mr. Hernandez-Cuesta.

In the early morning hours of July 26, 2020, the defendant attempted to place an order via a drive-thru window at a restaurant in Tualatin, Oregon. Once the order was placed, the defendant pulled up to the second window and fell asleep at the wheel of his vehicle. A store manager confronted the defendant who denied he was under the influence. He then pulled into a parking spot at the restaurant and feel asleep at the wheel a second time.

Several officers responded to the scene and found the defendant asleep. He was partially hanging out of the driver’s side door with the vehicle running. They ordered him to exit the vehicle at which point his vehicle rolled forward and nearly struck a law enforcement vehicle.

The defendant agreed to step out of the car and participate in field sobriety tests.  At the conclusion of the tests, officers placed him under arrest for driving under the influence of intoxicants. The defendant began to cough profusely and told officers he had COVID-19 while the officer was searching him. Officers told him to stop what he was doing. As an officer was checking his pockets, the defendant turned and coughed and spat on her face. He was restrained and taken to the Washington County Jail for processing.

The Washington County District Attorney’s Office wishes to acknowledge the work of the Tigard Police Department on this case.