Moses Delagarza

Name:
Delagarza, Moses Chapa

Date of Booking:
07/03/2023

Reason(s) For Booking:
Speeding

Reckless Driving

DUI-Driving Under the Influence of Alcohol to the extent that it is less safe for the person to drive

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 July 3, 2023, at 4:50 A.M. I was on patrol in the City of St. Marys Georgia 31558 (Camden County). While on patrol I was sitting in the turning lane by Shadowlawn Drive operating my in-car radar system when I captured a speed of 80 MPH in a 45 MPH zone coming from behind me on Osborne Road on a white pickup truck in St. Marys Georgia 31558.

Once the vehicle passed me, I initiated my lights and proceeded down Osborne Road to catch up with the speeding vehicle. Once I caught up with the vehicle, I advised dispatch that I would be stopping a white Dodge truck with a Texas tag of [REDACTED BY AGENCY].

Once the vehicle came to a stop in the Sure Stay parking lot, I made contact with the driver of the vehicle and advised him of who I was and why I had stopped him. While speaking to the driver I could smell a strong odor of alcohol coming from his breath along with watery eyes. After trying to explain why I had stopped him the driver continued to ask me to allow him to leave with a warning.

After a few minutes of explaining to the driver, he finally provided me with his driver’s license and was identified by his Texas driver’s license as Moses Delagarza. A license check was conducted through GCIC/NCIC, and it came back that his license was valid.

After I obtained his driver’s license and observed the physical impairments, I instructed the driver to exit the vehicle and asked if he would be able to conduct Standard Field Sobriety Test to determine if he was safe to drive. The driver advised that he would and that he had only had a few beers and quit drinking at 4:00 A.M. and that he was not drunk.

When asked, Moses Delagarza admitted to drinking. Moses Delagarza reported taking medication. Before beginning the test, Moses Delagarza was asked if he had any medical problems and he replied that he did.

PRE-FST INTERVIEW

Are you sick?
No.

Are you injured?
No.

Are you diabetic?
Yes.

Are you epileptic?
No.

Do you have physical impairments?
No.

At what time did you stop drinking?
0400

HORIZONTAL GAZE NYSTAGMUS TEST

Prior to attempting this test, Moses Delagarza indicated he did not have any medical problems that would have prevented him from performing the test. It was determined that he was not wearing contacts. His eyes were checked, and they displayed equal tracking and his pupils were equal sizes.

Moses Delagarza was instructed to follow the stimulus with his eyes only, keeping his head still. After stating that he understood the instructions, Moses Delagarza attempted this test. No resting nystagmus was observed. The results of this test displayed 6 of the 6 possible clues.

– A lack of smooth pursuit in the left eye.
– A lack of smooth pursuit in the right eye.
– A distinct and sustained nystagmus in the left eye at maximum deviation.
– A distinct and sustained nystagmus in the right eye at maximum deviation.
– An onset of nystagmus in the left eye prior to 45 degrees.
– An onset of nystagmus in the right eye prior to 45 degrees.

WALK AND TURN TEST

Prior to attempting this test, Moses Delagarza indicated he did not have any medical problems that would have prevented him from performing the test. Moses Delagarza was instructed to put his left foot on the line and his right foot in front of it with his right heel touching the toe of his left foot.

He was instructed to stand in this manner with his hands at his sides until the test instructions were completed and the test demonstrated. Moses Delagarza was instructed not to begin the test until told to start. He was instructed to take nine steps along the line in a heel-to-toe manner.

After the ninth step, he was to stop and turn around keeping his lead foot on the ground, taking several small steps with the other foot to turn around. After turning around, he was to take nine steps in a heel-to-toe manner back along the line, in the direction he had come from.

Moses Delagarza was further 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 test was demonstrated Moses Delagarza stated that he understood the instructions and was instructed to begin the test. The results of this test displayed 0 of the 8 possible clues:

On the first set of steps, he took the correct number of steps. He didn’t miss any of the heel-to-toe steps. He didn’t step off the line.
He turned properly.
On the second set of steps, he took the correct number of steps. He didn’t miss any of the heel-to-toe steps. He didn’t step off the line.
He didn’t use his arms for balance.
Comments: No indication on this test.

ONE-LEG STAND TEST

Prior to attempting this test, Moses Delagarza indicated he did not have any medical problems that would have prevented him from performing the test. Moses Delagarza was instructed to stand with his feet together and arms at his sides during the test. Moses Delagarza was asked not to begin the test until instructed. He was instructed to raise the leg of his choice by 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 one (one thousand one, one thousand two, one thousand three, …) and so forth until instructed to stop (after 30 seconds). The test was demonstrated to Moses Delagarza. After he indicated understanding the instructions, Moses Delagarza attempted the test and raised his right leg.

Comments: No indication on this test.

After conducting SFST Mr. Delagarza was placed under arrest with his hands behind his back. Once in handcuffs, I read Mr. Delagarza Georgia Implied consent for his blood, and he agreed to give samples of his blood. Before being transported to the hospital a vehicle search was conducted and one open container of beer was located along with two cold non-open beers.

After agreeing to the state-administered test he was transported to the Southeast Georgia Health System Camden Campus. Once we were finished at the hospital, he was transported to the Camden County Jail to be booked in. After leaving the jail I proceeded to the St Marys Police Department where the GBI blood kit was placed into evidence.

[End of Narrative]