Date of Booking:
Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL
FAIL TO DIM HEADLIGHTS
WILLFUL OBSTRUCTION OF LAW ENFORCEMENT OFFICERS – MISDEMEANOR
[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 January 7, 2023 at approximately 0030 hours I, Corporal Tolbert, was patrolling the area of Highway 78 near Hillcrest Drive in my conspicuously marked patrol vehicle equipped with emergency lights and siren.
While patrolling, I observed a grey 2004 Toyota Corolla with a distribution of light, or composite beam, so aimed that the glaring rays projected into my eyes (bright lights illuminated). I was able to turn my patrol vehicle around and get behind the vehicle as we continued westbound on Highway 78.
I activated my emergency equipment and initiated a traffic stop on Highway 78 near city hall. The vehicle continued a came to rest at the BP gas station (650 West Bankhead Highway). I exited my patrol vehicle and made contact with the driver, Kelsey Muse, and the passenger, [REDACTED]. I introduced myself and informed Muse of the reasoning for the traffic stop.
I immediately smelled the pungent odor of an alcoholic beverage coming from within the cabin of the vehicle. I looked in the middle cup holder and observed an opened Natural Light beer cans. I observed Muse stared with a blank stare and her eyes were watery and bloodshot.
I questioned Muse about the bright lights being currently illuminated and when she illuminated when she passed me. According to Muse, “no that was on like it’s been on”. I observed Muse’s speech was slurred, based on the open containers I instructed both occupants to exit the vehicle.
While outside of the vehicle, I asked Muse how much she had to drink and she advised “not much”. I asked her to define not much and to be more specific and she advised “not much”. Muse went on to tell me she consumed two bottles of Michelob approximately two hours ago and nothing prior to or after this consumption.
Muse began sobbing and insisted her son’s birthday was tomorrow and she could not go to jail. I asked Muse if she consented to participating in Standardized Field Sobriety Testing. Muse consented to participating in the tests.
Standardized Field Sobriety Testing (SFST)
Horizontal Gaze Nystagmus (HGN): 6 of 6 clues
Muse was positioned in front of my Villa Rica patrol vehicle, on relatively flat and level pavement. Muse was directed to stand with her feet together and keep her hands by her sides. Muse was instructed to follow a stimulus, my finger, with her eyes while keeping her head stationary. Muse advised she understood the instructions and indicated she was ready to begin the assessment.
– Muse had equal tracking and equal pupil size in her left and right eye.
– Muse had lack of smooth pursuit her left and right eye.
– Muse had distinct and sustained nystagmus at maximum deviation in her left and right eye.
– Muse had onset of nystagmus prior to 45 degree in her left and right eye.
Although it is not a clue Muse struggled to keep her head stationary.
Walk and Turn (WAT): 6 of 8 clues
Muse agreed she was placed on a relatively flat and level surface. Muse stated she had no injuries or medical issues with her lower extremities. I administered the walk and turn evaluation. I explained the instructions and demonstrated the evaluation. Upon asking Muse if she understood my instructions, she advised she did.
– Muse missed heel to toe.
– Muse stepped off line.
– Muse made an improper turn.
– Muse stopped while walking.
– Muse took an improper number of steps.
– Muse started too soon.
One Leg Stand (OLS): 1 of 4 clues
I administered the One Leg Stand evaluation to Muse. I explained the instructions and demonstrated the evaluation. Upon asking Muse if she understood my instructions, she advised he did.
– Muse placed her foot down.
While not a clue, it should be noted Muse placed her foot down before the test was completed.
Portable Alco-sensor: Refused
I obtained a department issued portable alco-sensor. Muse refused to provide a breath sample.
I took the results of Muse’s Standardized Field Sobriety Testing, Muse’s admittance to the consumption of alcoholic beverages, and Muse’s uncontrollable physical manifestations into consideration and determined Muse to be under the influence of alcohol.
I secured Muse to the rear in double-locked handcuffs that were checked for proper fit. Muse was searched incident to arrest and no contraband was located. Once under arrest Muse did knowingly and willfully obstruct me in the lawful discharge of my official duties as she attempted to flee on foot after I placed her under arrest for DUI.
Once she was placed in the patrol vehicle she began kicking the back window nearly causing it to break. Officer Earely attempted to gain control of her feet when she kicked at him numerous times nearly kicking him in the upper body.
Muse was read Georgia Implied Consent Notice for Suspects Age 21 or Over (DDS-354, 05/2019) verbatim, requesting a state administered chemical test of her blood. Muse denied my request and sated “fu*k you”. Muse was transported to the Carroll County Sheriff’s Office for housing.
While on scene, an inventory search of Muse’s vehicle was conducted. Open natural light beer cans were located in the vehicle. An impound sheet for Muse’s vehicle was completed and Mirror lake Towing arrived to impound the vehicle.
Warrants were obtained for all charges.
[End of Narrative]