On Sunday morning, just before 2 AM, MNPD Officer Fondren noticed a vehicle that was parked illegally, with the engine running, at the intersection of S 8th St & Russell St, in East Nashville. Upon approaching the car, he witnessed Seth Hollingsworth Day in the driver’s seat, and a female identified as Mrs. Perry sitting on top of him. Seth day is a realtor with Parks Realty in Nashville.
According to a police report, when Mrs. Perry saw the officer approaching, she jumped off Seth Day‘s lap and into the passenger seat, leaving Mr. Day and his penis fully exposed, with his pants pulled down. Mrs. Perry was not wearing any pants or underwear, and was also exposed, per the officer’s account.
Both parties were asked for identification, Mrs. Perry promptly provided hers, however Seth Day kept moving around and would not provide identification. Officer Fondren asked Day to get out of the car and grabbed his arm to assist him. Due to the fact that Day would not identify himself and a strong odor of alcohol was smelled coming from his breath, the officer attempted to detain Day with handcuffs, however Day pulled away and resisted. After being told to stop resisting, he eventually complied and was able to be detained. Mrs. Perry admitted to officers that she and Day were having consensual sex when they were interrupted.
A DUI car responded to the scene, and noticed that Seth Day’s eyes were bloodshot and watery, his speech was slurred, and he had a strong odor of an alcoholic beverage coming from his breath. Day stated he had consumed six beers, and agreed to perform SFST, during which the officer noticed numerous indicators of impairment. He was taken into custody and read the implied consent form to him. Mr. Day agreed to submit to a breath test, registering 0.203% BAC.
Day has a previous DUI conviction in Nashville in 2016. Note that in Davidson County, Seth Hollingsworth Day’s arrest records are listed under ‘Joseph Garza’, with ‘Seth Day’ as a known alias, as below. During his previous DUI, Day was found passed out in the driver’s seat with the vehicle running, blocking a lane of traffic. At that time he blew a 0.167 on the breath test.