Kenneth Darity

Name:
Darity, Kenneth Nathan

Date of Booking:
12/02/2022

Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL

FAILURE TO DRIVE WITHIN SINGLE LANE

FAILURE TO YIELD WHEN TURNING LEFT

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

On 12/02/2022 at approximately 0237 hours, I was dispatched to North Wilkinson Street at West Charlton Street, where I made contact with Lieutenant J. Thompson in reference to a male possibly being under the influence of alcohol.

Lieutenant Thompson stated a vehicle, a bronze in color 2004 Chevrolet Trailblazer, Tag #[REDACTED], was traveling east on West Hancock Street and turned north onto North Wilkinson Street in front of his patrol car as he was traveling west on West Hancock Street. Lieutenant Thompson stated he proceeded to follow the vehicle onto North Wilkinson Street at which point he observed the vehicle fail to maintain lane several times. Lieutenant Thompson stated he initiated a traffic stop on the vehicle and the vehicle came to a stop at North Wilkinson Street and West Charlton Street.

Lieutenant Thompson stated he made contact with the driver, Kenneth Darity, who had bloodshot eyes and was dropping things throughout his car as he looked for items inside which Lieutenant Thompson asked for. Lieutenant Thompson stated he believed the male was possibly under the influence.

I made contact with Darity who had a strong odor of alcohol coming from his breath, bloodshot eyes, was slurring his words, and admitted to having a couple of beers throughout the night. Darity was advised to exit the vehicle and was advised I would be performing the Standardized Field Sobriety Exercises.

Prior to attempting the Horizontal Gaze Nystagmus Exercise, Darity stated he did not have any problems which would prevent him from performing the exercise. Darity was wearing glasses and had his glasses removed prior to the exercise. Darity was instructed to follow the tip of my finger with his eyes only, keeping his head still. Darity stated he understood the instruction and attempted the exercise. Darity’s eyes were checked and they displayed equal pupil size and equal tracking. No resting nystagmus was observed. Darity displayed 6 out of the 6 possible clues. Darity displayed a lack of smooth pursuit in the left and right eyes. Darity displayed a distinct and sustained nystagmus in the left and right eyes at maximum deviation. Darity displayed an onset of nystagmus in the left and right eyes prior to 45 degrees.

Prior to attempting the Walk and Turn Exercise, Darity stated he did not have any medical problems which could prevent him from performing the exercise. Darity was instructed to put his left on the line and his right foot in front of it with his right heel touching the toe of his left foot. Darity was instructed to stand in this position with his hands to his sides until the exercise instructions were completed and the exercise demonstrated. Darity was instructed to not begin the exercise until told to start. Darity was instructed to take nine heel-to-toe steps along the line.

After the ninth step, he was to stop and turn around keeping his left foot on the ground taking several small steps with his right foot to turn around. After turning around he was to take nine heel-to-toe steps back along the line in the direction he had come from Darity was instructed to watch his feet at all times while walking, keep his arms down to his side, and count his steps out loud. After the exercise was demonstrated, Darity stated he understood the instructions and was instructed to begin the exercise.

Darity displayed 5 out of 8 possible clues. Darity stated the exercise too soon during the instructional phase of the exercise. On the first set of steps, Darity took the incorrect number of steps taking 10 total steps. Darity did not touch heel-to-toe on steps 1, 2, 3, 4, 5, 6, 7, and 8. Darity stepped off the ling on steps 2 and 3. Darity then turned improperly. On the second set of steps, Darity took the correct number of steps. Darity did not touch heel-to-toe on steps 1, 2, 3, 4, and 6. Darity stepped off the ling on steps 2 and 5. Darity used his arms one for balance.

Prior to attempting the One Leg Stand Exercise, Darity stated he did not have good balance but that he did not have any medical problems that would have prevented him from performing the exercise. Darity was instructed to stand with his feet together with his arms at his sides during the exercise. Darity was instructed to not being the exercise until instructed to do so. Darity was instructed to raise the leg of his choice (Left) approximately 6 inches off the ground. While holding that position, he was to keep his leg straight and count out loud starting at one thousand on and so forth until instructed to stop (After 30 seconds). The exercise was demonstrated to Darity and he indicated he understood the instructions. Darity attempted the exercise and raise his left leg. Darity was wearing tennis shoes.

Darity displayed 3 out of the 4 possible clues. Darity swayed during the exercise, used his arms of balance, and put his foot down once during the exercise.

Darity was read the Implied Consent Notice for Suspects over the age of 21 and refused to provide a blood sample. Darity was placed under arrest for 40-6-391 D.U.I., 40-6-48 Failure to maintain lane, and 40-6-71 Failure to yield while turning left.

[End of Narrative]