Goldman, John Delos
Date of Booking:
Reason(s) For Booking:
Open Container Violation Beer/Ale/Porter/Stout/Other Similar Beverages
DUI-Driving Under the Influence of Alcohol to the extent that it is less safe for the person to drive
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets. Some errors may exist.]
On 05/28/2022 at approximately 1947 hours I responded code 1 to assist Officer Bazinet and Officer Flores at Krystal (19 Monroe Highway Winder, GA 30680) in reference to a dispute.
It was advised the driver (John Goldman) was in a blue Jeep (bearing GA tag of [REDACTED]). John was yelling and cussing at the staff of Krystal as well as almost hit a child and a dog in parking lot while driving at a high rate of speed.
Upon arrival Officer Flores advised the blue Jeep was in the drive thru line. The blue Jeep was unable to leave the drive thru right away due to it being one lane and vehicles were in front of it. Officer Bazinet and Officer Flores stayed by the drive thru window out of sight from John. I got into my patrol vehicle and prepared to make a traffic stop on the Jeep after it left the drive thru.
I saw Officer Bazinet and Officer Flores walk around the corner to the drive thru window and they instructed the Jeep to park out of the drive thru line. I parked my patrol vehicle behind the Jeep and approached the driver side with Officer Bazinet. Officer Flores advised he heard John yelling and cussing at the staff of Krystal while he and Officer Bazinet were standing by the window.
While Officer Bazinet spoke with John, I observed two open cans of alcohol on the floorboard in the back seat. I then went to John and observed his pupils were constricted, his eyes were glossy, and had bloodshot eyes. I could smell the odor of alcohol coming from John’s breath. John was asked about his driving and his actions, he denied all of it.
John advised the employees at Krystal took a long time to give him his order and when they did they messed up his order he was trying to get them to make it right. John again denied yelling or cussing at the staff. John was asked how much he had to drink. John advised he had four “tall boys” (16 ounces each) Miller Lites while he was golfing on this date.
John stated he stopped drinking approximately an hour prior to going to Krystal which would have been around 1840 hours and started to golf around 1400 hours. John was asked how long it took him to drink the four tall boys and he advised he was not sure. John then stated he had approximately twelve beers throughout his time golfing.
I asked John if he would be willing to perform Standardized Field Sobriety Test (SFST) and he agreed. I asked John to remove his glasses and asked if he had any medical issues that would hinder him from perform Horizontal and Vertical Gaze Nystagmus (HGN and VGN). He stated no.
During SFST the surface was flat and dry. It was daylight outside and weather was clear.
Horizontal Gaze Nystagmus (HGN): (explained)
I ensured John was not leaning on anything and was standing up straight. I explained to John I wanted him to stand with his feet together, hands down by his side, head still, and to follow the tip of my finger with his eyes only. I instructed John to stand with his feet together. He kept his feet about 6 inches separated and at first kept his hands behind his back but then put them by his side.
Throughout the test John followed my finger with his eyes. While I performed HGN, John would slightly move his head while he followed my finger. A couple of times he stopped following my finger and told him to continue to follow my finger with his eyes only. As I had John follow his eyes with my finger, he kept trying to close his right eye.
This what I observed for HGN and VGN on John.
John’s eyes were equal tracking and his pupils were equal in size. In both eyes, John showed lack of smooth pursuit (involuntary jerking). In both eyes, John showed involuntary jerking during the distinct and sustained Nystagmus (holding each eye at maximum deviation).
During the onset of Nystagmus prior to 45 Degrees, both of John’s eyes showed involuntary jerking prior to me reaching 45 Degrees on him eyes immediately upon moving my finger and him eyes were consistently jerking. I observed no involuntary jerking during the Vertical Gaze Nystagmus (VGN).
The clues I observed were: 6 out of 6
- Lack of smooth pursuit in him right eye
- Distinct and Sustained Nystagmus at Maximum Deviation in both eyes
- Onset Nystagmus Prior to 45 Degrees in both eyes
Walk and Turn: (explained and demonstrated)
I noticed John had a scar on each of his knees. I asked John if he had any medical conditions to prevent him from performing the walk and turn as well as the one leg stand. He at first said no then he advised he had both of his knees replaced and he had a condition in his ear (pointed to his right ear) that made him lose his balance often. I asked John if he wanted to try and he stated he would try.
I stood in the position of my right foot in front of my left foot heel to toe during the entire instructional process. I then told John to stand with his hands by his side. On his own, John began to walk forward attempting the walk and turn. I told John I did not tell him to start yet and he walked back to his start spot. I had John stand again with his hands down by his side with his right foot in front of his left in heel to toe.
John then began to put his left foot in front of his right foot. John began to lose his balance then stated he could not perform the test and refused to anymore attempts for the walk ad turn as well as the one leg stand. John also stated several times he was screwed anyways so it did not matter what he did or did not do.
I attempted to have John conduct the breath alcohol sensor twice; however, there was an error with operating the sensor so it was unsuccessful to get any results.
I advised John he was under arrest and handcuffed him behind his back. I checked the handcuffs for proper fit and double locked them. John was searched for weapons and contraband incident to arrest and secured in a seat belt in the back seat of my marked patrol vehicle.
I read John his Implied Consent (over the age of 21 years old) and asked if he understood and agreed to the blood draw. He first stated his daughter was arrested for DUI refused the blood draw and beat the charge. I asked John for a yes or no answer to if he consented to giving a blood draw for his blood alcohol content (BAC) and he said he agreed.
I allowed John to call his wife, [REDACTED]) and she would come pick up his Jeep. I secured John in a seat belt in the back seat of my marked patrol vehicle. A probable cause search as conducted in the Jeep. Located in the Jeep were the two cans of beer and multiple empty liquor shot bottles. There was also two unopened liquor shot bottles.
I spoke with the witness before I left with John. [WITNESS #1] was approximately 100 feet away from Krystal and could hear John cussing at the staff and witnessed him almost run over the child while he was driving fast in the parking lot. [WITNESS #1] witnessed John driving at a high rate of speed into the wrong lane of the Krystal’s drive thru line.
[WITNESS #1] saw John get out of the Jeep and bang on the side employee door of Krystal while yelling and cussing. [WITNESS #1] continued John got back into the Jeep and spun tires as he drove off again. As John began to pick up speed in the drive thru line (still driving wrong way in the line) a child was in the parking lot chasing after their dog that got lose and was going toward the direction of the Jeep’s path.
[WITNESS #1] stated she yelled at the child to stop and they did just before the dog and child ran in front of the Jeep. John continued to drive quickly, drove into the main parking lot area, and got back into drive thru line in the right direction.
I escorted John to the Barrow Northeast Georgia Medical Center. While driving John to the hospital for the voluntary blood draw, John kept making statements of if I let him go the City of Winder would save a lot of money.
John also continued to advise there was no probable cause for officers to get out with him, he was explained several times it was due to his actions at Krystal and evidence of him driving while under the influence of alcohol. Upon arrival to the hospital, John wanted to speak to his attorney before he submitted to a blood draw.
I advised John speaking to his attorney was not happening due to me not asking him questions. John continued to state he was not refusing the blood draw but that he was not submitting to a blood draw until he spoke with his attorney. I then escorted John to the Barrow County Detention Center and turned him over to the staff. I checked the back seat of my marked patrol vehicle before and after transport for contraband, none was found.
Officer Flores stayed with the Jeep and turned it over to [REDACTED] when she arrived.
John Goldman was issued the following Winder Municipal Citations:
WC49697 DUI less safe
WC49700 Reckless Driving
WC49699 Disorderly Conduct
WC49698 Open Container
Pictures were attached to the report. Statements were turned in.
Body camera 141, 145, and 165 was worn during investigation.