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Name:
Pacheco, Marco A
Date of Booking:
05/31/2026
Reason(s) For Booking:
Striking Fixed Object
Reckless Driving
DUI-Driving Under the Influence of Alcohol (less safe)
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.]
[NARRATIVE #1 on May 31, 2026]
On May 31, 2026, at approximately 0046 hours, I was dispatched to a suspicious vehicle at [80 BLOCK] Peak Ct Winder, GA 30680. Dispatch advised that the caller stated a vehicle had slammed on the brakes in front of her residence and the driver had appeared unconscious. I traveled code 3 to the scene in marked patrol car #2389.
Upon my arrival, I observed Mr. Marco Pacheco in the driver’s seat of a black Nissan Altima GA TAG #[REDACTED]. The vehicle had damage including a missing fog light on the front passenger side bumper. Sgt. Ferguson #S60 informed me that the vehicle was in drive and Pacheco’s foot was on the brake when he arrived on scene. Sgt. Ferguson and Deputy Sanson #S149 asked Pacheco to step out of the vehicle. I observed that Pacheco was swaying back and forth and his eyes appeared bloodshot red. Deputy Sanson conducted field sobriety testing on Pacheco. See supplemental report #2026-00032996. Deputy Sanson also attempted to get Pacheco to blow into a portable breathalyzer. Pacheco continued to not follow directions and appeared to have a hard time understanding instructions.
Sgt. Ferguson advised that there was a mailbox and debris in the roadway in front of [300 BLOCK] Pinnacle Dr. Sgt. Ferguson advised that there was debris in the roadway matching GA TAG #[REDACTED], including a floodlight. Sgt. Ferguson advised that he attempted to notify the homeowners of the damage, but was unable to get in contact with anyone. See crash report #2026-00033033 for further information regarding the crash.
At this time, I advised Pacheco that he was under arrest for driving under the influence and placed him in handcuffs behind his back, checked them for proper fit, and double-locked them. I read Pacheco the Georgia Implied Consent Notice for Suspects Age 21 or Over for blood and he refused. Deputy Sanson searched Pacheco incident to arrest for weapons, contraband, and means of escape, with negative results. Pacheco was assisted to the back of marked patrol car #2389 and a seatbelt was placed over his lap.
Pacheco was transported to the Barrow County Detention Center and relinquished into the custody of the intake deputies. The backseat of marked patrol car #2389 was searched before and after the transport of Pacheco for weapons, contraband, and means of escape, with negative results.
Pacheco was issued the following citations:
#139723 Driving Under the Influence- Less Safe
#139724 Reckless Driving
#139725 Striking Fixed Object
A DDS 1205 form was completed. Pacheco refused to sign the form. A copy of this form was left with the intake deputies at the detention center. Pacheco’s license was surrendered, attached to the DDS 1205 form, and turned into the Sheriff’s Office. No injuries were reported during this incident.
[End of Narrative]
[NARRATIVE #2 on May 31, 2026]
On May 31, 2026 at approximately 0055 hours, I was on routine patrol in Winder. On Pinnacle Dr and Hwy 211 NW, I responded Code 3 and observed an accident involving a black 2015 Nissan Altima with GA tag [REDACTED]. Dispatch was informed of a unconscious driver in front of a residence and the vehicle appeared to be in drive. While I was responding, Sgt Ferguson informed me to be cautious as pulling into the neighborhood, it appeared someone destroyed a mailbox and was partially in the roadway.
On arrival Sgt Ferguson had the driver step out of the vehicle. Upon initial contact with Marco Pacheco, the driver, I could smell and overwhelming odor of an alcoholic beverage coming from his person. I asked Marco where he was coming from and where he was going. After a little back and forth, I was able to learn that he was at Fry’s Tavern and was going home. Marco was having trouble formulating coherent statement during this conversation, almost as if his sense of direction was impaired. Marco apparently lived on the main road of the neighborhood but turned off onto this side street. I asked Marco how much he had to drink and he first told me he only had a couple beers but later told me that it was not beer and only a small margherita. I asked Marco if he would submit to field sobriety and he agreed. I had him stand in front of my patrol car and remove his glasses.
This exercise was explained and appropriately demonstrated prior to having Marco perform. Marco also provided an affirmative response stating that he understood my instructions. Horizontal Gaze Nystagmus (explained and observed); I told Marco to stand with his feet together and hands at his sides. I asked Marco to look forward and not move his head. I told Marco to follow my stimulus with his eyes only. I asked Marco if he understood, and he stated that he did.
Marco’s eyes displayed equal tracking and equal pupil size. I then checked for lack of smooth pursuit, distinct and sustained nystagmus at maximum deviation, and onset of nystagmus prior to forty-five degrees in both eyes.
Marco displayed the following 6 clue(s) during the Horizontal Gaze Nystagmus exercise:
- Lack of smooth pursuit – Left eye then right eye
- Distinct and sustained nystagmus at maximum deviation – Left eye then right eye
- Onset of nystagmus prior to forty-five degrees – Left eye then right eye
- Vertical nystagmus observed
During this exercise, Marco would sway in place on firm and flat footing. He had to be reminded to continue to look at my light while performing the exercise. Afterwards, I attempted to get him to blow into my portable breath device. Marco was told to blow into the straw like he was trying to blow up a balloon. Marco would suck on the straw, in which I could see is cheeks recede inward. I tried multiple times to tell him that I know when he is not blowing and even my device informs me. Marco would argue, saying he was only resting in his car and not driving.
Sgt Ferguson left the scene while I was performing field sobriety to inspect the damage to the mailbox. After he returned, he confirmed that Marco’s vehicle was the car that damaged the mailbox and the car parts left at the scene match the missing car parts on his vehicle. Based on my observations, the traffic violations and the general demeanor of Marco led me to conclude that Marco was operating a motor vehicle under the influence of alcohol. Marco was informed he was being placed under arrest.
Deputy Meagher immediately read the Georgia Implied Consent Notice for drivers 21 years old or older. Marco refused to submit to a state administered chemical test of his blood.
Marco Pacheco was handcuffed behind the back. The handcuffs were double locked and checked for fit. A search of his person was conducted incident to arrest. No weapons or contraband or means of escape were located. Marco was secured in the rear seat with a seat belt. Marco was then escorted to the Barrow County Detention Center by Deputy Meagher.
Hammonds Wrecker took possession of the black 2015 Nissan Altima with GA tag# [REDACTED].
[End of Narrative]
All information is sourced directly from the official, public court database. Case history is organized and curated by The Georgia Gazette staff. The “What this means:” explanations are written by AI and reviewed by our staff before publishing.
Court records are subject to change at the court’s discretion. The Georgia Gazette is not responsible for errors or omissions. Nothing here is legal advice. All individuals are presumed innocent until proven guilty in a court of law.
Case History:
7/2/26
ACCUSATION FILED — 3 COUNTS CHARGED AGAINST MARCO A PACHECO
What this means: On July 2, 2026, the Barrow County State Court formally charged Marco A Pacheco with three criminal counts in case number 26-ST-00659. The accusation was filed by Chief Assistant Solicitor-General Kristen L. Murphy on behalf of the State of Georgia. An accusation is the formal document that lays out the specific charges against a defendant in state court.
Count 1 charges Marco A Pacheco with Driving Under the Influence (Less Safe) — Alcohol, under O.C.G.A. 40-6-391(a)(1). The accusation alleges that on or about May 31, 2026, Pacheco drove a motor vehicle on Peak Court in Barrow County while under the influence of alcohol to the extent that it was less safe for him to drive.
Count 2 charges Marco A Pacheco with Reckless Driving, under O.C.G.A. 40-6-390. The accusation alleges that on or about May 31, 2026, Pacheco drove a motor vehicle on Peak Court in a manner exhibiting reckless disregard for the safety of persons and property, leaving the roadway and striking a mailbox.
Count 3 charges Marco A Pacheco with Violation of Duty Upon Striking a Fixed Object, under O.C.G.A. 40-6-272. The accusation alleges that on or about May 31, 2026, Pacheco was the driver of a vehicle involved in an accident that damaged a mailbox — a fixture legally adjacent to a highway — and failed to take reasonable steps to locate and notify the owner, and failed to provide the information required by law.
All three charges are accusations only. Marco A Pacheco is presumed innocent unless and until proven guilty in a court of law.
7/7/26
DEFENSE ATTORNEY ENTERS APPEARANCE FOR MARCO A PACHECO
What this means: On July 7, 2026, attorney Jean C. Sperling of Sperling Law Group, P.C. formally entered her appearance as defense counsel for Marco A Pacheco in Barrow County State Court, case number 26-ST-00659. Filing an entry of appearance is how an attorney officially notifies the court that they represent a defendant. From this point forward, court communications in this case are directed to Sperling’s office.
7/7/26
DEFENSE FILES DEMAND FOR COPY OF ACCUSATION AND WITNESS LIST
What this means: On July 7, 2026, attorney Jean C. Sperling filed a formal demand on behalf of Marco A Pacheco requesting a copy of the accusation and the complete list of witnesses — including contact information — whose testimony forms the basis of the charges against him. This demand was made under O.C.G.A. § 17-16-21, a Georgia law that gives defendants the right to receive this information before arraignment.
7/7/26
DEFENSE FILES MOTION FOR DISCOVERY AND DISCLOSURE OF EXCULPATORY EVIDENCE
What this means: On July 7, 2026, attorney Jean C. Sperling filed a motion asking the Barrow County State Court to order the State to turn over all evidence that could help Marco A Pacheco’s defense. This includes any evidence that could show Pacheco did not commit the alleged offenses, any deals made with witnesses, police reports, witness statements, investigative notes, surveillance records, photographs, scientific test results, and any other materials the prosecution plans to use at trial. This type of motion — often called a Brady motion — is a standard defense tool that requires the government to share evidence it has that might be favorable to the defendant. The motion also requests that any scientific reports be provided to the defense at least ten days before trial.
7/7/26
DEFENSE FILES MOTION TO SUPPRESS EVIDENCE
What this means: On July 7, 2026, attorney Jean C. Sperling filed a Motion to Suppress on behalf of Marco A Pacheco in case number 26-ST-00659. This motion asks the Barrow County State Court to throw out any evidence that was allegedly obtained illegally by law enforcement during the investigation, including any statements Pacheco may have made after his arrest. The defense noted that full discovery had not yet been provided and reserved the right to add more specific arguments to the motion once that information is received. A motion to suppress, if granted, can prevent certain evidence from being used against a defendant at trial.
7/7/26
DEFENSE FILES MOTION FOR COPY OF SCIENTIFIC REPORTS
What this means: On July 7, 2026, attorney Jean C. Sperling filed a separate motion under O.C.G.A. § 17-16-23 requesting that the State provide Marco A Pacheco with copies of any and all scientific reports — including test results — that the prosecution intends to use at trial. The motion asks that these reports be delivered to the defense at least ten days before trial. It also requests that if the State fails to comply, any such scientific reports and related testimony be excluded from the prosecution’s case entirely. In a DUI case, this type of motion typically targets results from breath, blood, or other chemical tests.
7/8/26
MARCO A PACHECO WAIVES ARRAIGNMENT AND ENTERS NOT GUILTY PLEA
What this means: On July 8, 2026, attorney Jean C. Sperling filed a Waiver of Arraignment on behalf of Marco A Pacheco in Barrow County State Court, case number 26-ST-00659. By waiving arraignment, Pacheco skipped the formal court hearing where charges are read aloud and a plea is entered in person — a common practice when a defendant is represented by an attorney. Through the waiver, Pacheco entered a plea of not guilty to all charges and requested that the case be scheduled for a jury trial.