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Name:
Luke, David Lagan
Date of Booking:
12/17/2022
Reason(s) For Booking:
Open Container Violation Beer/Ale/Porter/Stout/Other Similar Beverages
DUI – UNDER AGE 21.02% OR MORE
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 December 17, 2022, at approximately 1:15 AM, I, Officer A. Bishop (SMPD 130) was dispatched to the report of a female outside yelling in the area of Margaret Street and W. Church St. in Saint Marys, GA 31558 (Camden County). Dispatch advised that the caller said that the female was yelling, “I’m sorry and I just want to die. I’m sorry.” I responded in my marked SMPD patrol vehicle 725 with the normal flow of traffic.
I arrived in the area and located a female standing outside the door of a home on W. Church St. The lights to the home were turned off, and the female was on the front porch at the door knocking. I stepped out of my patrol vehicle and identified myself and asked her what was happening.
The female, who was later identified as [REDACTED], appeared to be intoxicated based on a strong smell of an alcoholic drink coming from her breath. She was not wearing shoes or socks and appearing to have been crying. While speaking to Miss [REDACTED], her words were slurred and jumbled.
Miss [REDACTED] stated that she was trying to find the way back to her grandmother’s house where she was staying but did not know where she was. She stated she had been drinking near a red trailer but did not know where that was. She is not from this part of Georgia and is merely dog-sitting for her grandmother. While speaking with Miss [REDACTED], she seemed confused at times and had difficulty understanding my questions.
While attempting to gain more information from Miss [REDACTED] and how to help her, a white Ford F150 arrived on the scene and a male got out of it. Miss [REDACTED] stated that this was her fiancé with who she had an argument earlier and that he was here to pick her up.
The male was later identified as Mr. David Luke. Speaking with Mr. Luke, he exhibited signs of intoxication such as being unable to stand in one position without swaying or moving, he was unable to follow commands when told where to stand, and he attempted several times to walk away from officers while talking. He had a strong smell of an odor commonly associated with an alcoholic drink coming from his breath.
Mr. Luke stated that he and Miss [REDACTED] had an argument earlier and that she had gotten out of his truck and gone walking to where she was now. He stated that he was just down the road watching her and watched officers arrive. He did not attempt to assist Miss [REDACTED] or stop her from approaching a stranger’s home prior to our arrival.
While speaking, Mr. Luke has slurred speech and bloodshot eyes and his story was inconsistent at times. When I asked specific questions, he would give answers not related to the question. I asked Mr. Luke if he had any alcoholic drinks tonight to which he stated no.
I asked Mr. Luke if he’d be willing to submit to Standardized Field Sobriety Tests (SFSTs) to ensure he was safe to operate a vehicle. Mr. Luke agreed to test.
Prior to the beginning of the test, I attempted to place Mr. Luke in the starting position. He had difficulty maintaining one spot and was moving around, swaying, and attempted to speak over me while giving instructions
I then conducted SFSTs with the following indications:
Horizontal Gaze Nystagmus:
-lack of smooth pursuit
-distinct and sustained Nystagmus prior to maximum deviation
-onset of Nystagmus prior to 45 degrees
Walk and Turn:
-cannot balance during instructions
-misses heel-to-toe
-steps off the line
-uses arms to balance
-improper turn
-incorrect number of steps
One Leg Stand:
-swayed
-used his arms to balance
-hops
-put his foot done prior to completion.
Based on the results of SFSTs, I concluded that Mr. Luke was too impaired to operate a vehicle upon the roadway safely. He was then placed under arrest for DUI. Mr. Luke was then read Georgia’s implied consent for under 21 from a prepared card. After asking him if he understood what I read to him, he consented to take the State-administered breath test.
An inventory of Mr. Luke’s truck revealed one open can of twisted iced tea and an alcoholic drink in the driver’s door. I found numerous unopened cans of alcohol in the backseat of the truck. Two firearms, a rifle, and a shotgun were located in the backseat of the vehicle. Mr. Luke’s truck was towed from the scene by Discount Towing to their lot.
Miss [REDACTED] was given a ride back to her grandmother’s house by Officer Hoster who ensured she safely arrived at the home.
Mr. Luke was transported to the Saint Marys Police Department where a state-certified officer, Cpl. L. Stokes conducted the breath testing. At the conclusion of the state-administered test, a reading of 0.189 BAC was recorded and Mr. Luke was advised of this.
Mr. Luke was charged and arrested for DUI per se (under 21) and open container of alcohol and issued citations for each. Mr. Luke was transported to the Camden County Sheriff’s Office jail where he was booked on the above charges. Mr. Luke’s license was seized and an Administrative License Suspension (ALS) form was completed with a copy provided to him.
[End of Narrative]
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