Wendell Austin

Name:
Austin, Wendell Lee

Date of Booking:
06/04/2023

Reason(s) For Booking:
Improper Lane Change/Failure to Maintain Lane

DUI-Driving Under the Influence of Drugs

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 June 04, 2023]

On the above stated date and time, I was traveling west on Hwy 40 near the intersection of Truss Plant Rd in the city of Kingsland, in my department issued marked Kingsland Police Department patrol vehicle #2021. As I approached the area known locally as five points, near the intersection of South Grove and North Grove, I observed a Black in color Ford pick up truck (Georgia LP [REDACTED]), failing to maintain its lane through my rear view mirror.

I began to slow down to get behind the truck, when I observed it again fail to maintain its lane, as half of the vehicle was now in the opposing lane of traffic. I continued to slow down, get behind the vehicle, and I then initiated a stop on the vehicle. The driver of the vehicle, later identified as Wendell Lee Austin, when asked why he could not maintain his lane, he stated he took some medicine this morning and further advised it was his diabetic medicine.

Austin then stepped out of his vehicle to produce his license. A pat down was conducted for officer safety. Austin advised he was in Kingsland to go to Walmart to get a battery, and began to state he took nine pills this morning. Austin initially struggled to remember the medication, and advised he is just prescribed them and takes them. Austin continued to state two Gabapentin 800mg, he pronounced aprillo, I believe he meant Aprilia, which he advised one, and continued to state another medication he could not recall.

I asked Austin if he would be willing to do a standardized field sobriety test, as I wanted to make sure he was safe to drive. Austin advised he would. I asked Austin if he had any medical issues or head injuries, to which he stated no. I instructed Austin to follow the tip of my pen with his eye, and his eyes only, and to not move his head. Austin advised he understood. I did not observe resting nystagmus, and both pupils were equal in size.

As I began to check for lack of smooth pursuit, I observed HGN in both eyes, but his eyes would further move in a circular motion, and would clench his jaw. I requested Cpl. Brown to assist with the HGN portion. Austin could not complete this portion of the test, and advised it could possibly be due to the medication he had taken.

I began to instruct Austin in to the starting position for the walk and turn portion, and instructed to Austin to stay in a heel to toe position with his hands at his side until instructed otherwise. I demonstrated the test, and asked if Austin understood, he stated he did. I began to observe Austin move out of the starting position, and once started, stepped off line, raise his arms for balance, and did not turn or pivot, but instead walked backwards nine steps.

I then instructed Austin into the starting position for the one leg stand. I advised Austin to raise either leg of his choosing, six inches off the ground, and to count one thousand one, one thousand two, until told to stop. Austin advised he understood. Austin began to count and raise his left foot, and counted in a fast manner to one thousand nine, where he then placed his foot down.

I advised again until I said to stop. He then raised his left foot, and began to count to nine again, where he then stopped. Austin advised his equilibrium was not good. Austin was placed into double locked handcuffs to the rear, and advised he was under arrest for driving under the influence. Cpl. Brown read Miranda rights to Austin, and he agreed. I conducted a search incident to arrest, and no contraband was discovered.

Austin was placed into the rear of my patrol vehicle, which was searched for contraband or personal property prior. Implied consent was read for blood, Austin agreed. Austin’s passenger, who had a valid license, and was the owner of the vehicle, took possession of the vehicle. I transported Austin to Kingsland fire department station 3 located at 595 E King Ave, where Capt Travis Swann collected two vials of Austin’s blood, which was placed into a toxicology kit, initialed, timed, and sealed.

Austin was then transported to Camden County Sheriffs office, and released to the custody of jail staff, where he signed both citations and received a 180 day driving sticker. It should be noted, while enroute to the jail, Austin advised he had taken another pill in the morning, that he could not remember, but advised it was a white football shaped pill, and it started with a Z.

Austin further stated the bottle for the medication advised he cannot drive after taking it, and he probably should not have taken the medicine. Austin further stated he has previously accidentally taken too much of his medication. Austin advised he had taken a total of nine pills. The two vials of blood were submitted into evidence at Kingsland Police Department.

[End of Narrative]

[NARRATIVE #2 on June 04, 2023]

I assisted Ofc. D. Mathis during a traffic stop at the above address. Upon arrival, Ofc. Mathis was asking the driver, Austin Wendell to exit the vehicle for further investigation.

HGN OBSERVANCE

Officer Mathis conducted field sobriety on Austin Wendell. During the test, Officer Mathis requested that I assist with Horizontal Gaze Nystagmus.

As I moved My finger across Austin’s face, his eyes would move in sectors, and not a smooth natural movement. Austin moved his eyes inward and look passed the tip of my finger and not the tip of my finger as instructed to do so. Austin was not able to complete this portion of the test. Austin stated, he took medication that could possibly prevent him from completing the test.

WALK AND TURN OBSERVANCE

During the walk and turn instructed by Officer Mathis, Austin was instructed into the starting position and to stay in that position until he was told otherwise. Officer Mathis demonstrated the test to Austin and asked him if he understood which he stated yes.

I observed Austin moved out of the starting position. He was advised get back into the starting position. Austin started the test and on the way down he stepped off line on his third or fourth step. Austin did not turn or pivot back. Instead, when Austin attempted to come back, Austin walked 9 steps backwards.

ONE LEG STAND OBSERVANCE

Austin was not able to perform this test.

[End of Narrative]