Name:
POSEY, PEYTON MADISON
Date of Booking:
05/07/2023
Reason(s) For Booking:
DUI
WEAVING OVER ROADWAY
FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER
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 May 7, 2023, at approximately 02:23 hours, I was patrolling south bound on Bankhead Highway. I observed a black Chrysler 200 (Tag: [REDACTED] Vin: [REDACTED]) swerving on the roadway. As the car pulled up to the intersection of Bankhead Highway and Bypass, it began to drift into the opposite lane.
Before coming to a stop the car abruptly moved back into the proper lane. Proceeding south the car began to drift over into the opposite lane again, and moving back into the proper lane so abruptly causing the vehicle to almost make contact with the curve side of the highway. The Chrysler began accelerating as it failed to keep proper lane again, reaching speeds of above 50 miles per hour in at 35 mile per hour zone.
I activated my patrol vehicle’s lights and sirens, initiating a traffic stop in front of Martins of Bankhead highway. The car continued 1.1 miles down the road to Eddie’s tint shop, passing many capable spots to pull over and continued to fail to keep in its proper lane.
Once the Chrysler pulled into the parking lot, I instructed the driver, Peyton Posey, to exit the vehicle. Posey exited the vehicle and moved to the rear of it. I asked Posey why did she not come to a stop when I initiated my lights and sirens, and Posey said “I did not know.”
I asked Posey how much had she drunk tonight, and Posey said “I haven’t drank nothing.” Posey began to explain the car belonged to her friend, and she could not hear my lights and sirens due to her having the music turned up loud. While speaking with Posey, I observed very red and glazed eyes.
The more Posey talked the more she began to repeat herself and slur her words. I could smell an overwhelming smell of an alcoholic beverage. I asked Posey where she was coming from, and she advised McDonalds. Posey was having trouble remembering her destination while trying to explain it.
I asked Posey would she consent to standardized field sobriety testing and she advised “yes.” I backed my patrol car up to give space for the standardized testing. I informed Posey that I would check her eyes (Horizontal Gaze Nystagmus). I asked Posey if she wore glasses and she advised “I do, but I broke them.” I asked Posey has she been diagnosed with any type of Nystagmus and she said “no.”
I instructed Posey to place her hands down by her side and her feet together. I asked Posey if she could see my stimulus (pin light) and she replied, “yes.” I positioned my Stimulus approximately 12-15 inches in front of Posey face and slightly above eye level. I told Posey to watch the tip of my stimulus with her eyes only and not to move her head.
I asked Posey if she understood, and she stated “yes.” I then began HGN on Posey. I observed that Posey’s pupils were equal in size, and her eyes were tracking equally. I then observed that Posey lacked smooth pursuit in both her left and right eyes.
I also observed distinct and sustained nystagmus at maximum deviation. I also observed the onset of nystagmus prior to 45 degrees. I then checked for vertical gaze nystagmus. I did not observe vertical nystagmus. During HGN Posey was swaying back and forth as I conducted HGN.
I asked if the surface we were standing on was smooth enough for her to walk in a straight line, and she advised it was smooth. I asked Posey if there was anything wrong with her medically from head to toe that would cause her to be unable to do the nine-step walk and turn. Posey advised her tailbone was broken but she could walk in a straight line.
I began giving Posey the directions to the starting position while simultaneously giving Posey a physical representation. As Posey placed her right foot in front of her left foot, she began to stumble, causing her to be unable to hold the starting position. After receiving confirmation that Posey understood the instructions, I instructed Posey to begin.
During the nine -step walk and turn, from the first step Posey stopped to regather her balance, stepped off line on the second and sixth step of the initial pass, and did not correctly turn around. On the final pass, the second step Posey takes, she pauses for a brief moment after she stumbles to catch her balance.
I instructed Posey to stand with her feet together and hands down by her side and only to move once I told her otherwise. I then asked Posey if she understood, and she stated “yes.” I explained the directions to Posey; she was to lift either foot of her choosing approximately 6 inches off the ground and count out loud in the following manner, 1001, 1002, 1003… until I told her to stop. Posey confirmed that she understood.
I asked Posey again if she had anything wrong that would prevent her from performing the on-leg stand; Posey replied, “No.” During the one-leg stand, Posey swayed and placed her right foot down on three different occasions. I asked Posey would she consent to blowing into the PBT (Preliminary Breath Test) and she advised she would. The results informed me of a positive indication for consumption of alcoholic beverages on her breath.
Posey was placed in double-locked handcuffs, to the rear, and checked for proper fit. Posey was read implied consent for 21 and over and gave a verbal yes on scene. The Chrysler was left in the parking lot locked and secured. Posey was transported to the Carroll County Jail for booking. Once in the jail Posey changed her consent to a verbal “no.”
Posey was charged with Driving under the influence, Failure to maintain lane, and fleeing or attempting to elude.
Citation number: 945000203/fleeing or attempting to elude.
Citation number: 945000202/failure to keep in proper lane.
Citation number: 945000201/driving under the influence.
[End of Narrative]