Terrence Butts

Name:
BUTTS, TERRENCE LAVALE

Date of Booking:
1/8/2022

Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL

WEAVING OVER ROADWAY

Officer’s Narrative:
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets. Some errors may exist.]

On January 7, 2022 at approximately 23:10 I, Sergeant Tolbert, was patrolling the area of Highway 78 near Community Square Boulevard. While patrolling, I was in a conspicuously marked patrol vehicle equipped with emergency lights and siren. I observed a 2005 Ford F-150 ( tag #[REDACTED]) failed to maintain its lane of travel near Park Ridge Drive as the passenger side tires left the roadway and crossed over the fog line. I initiated a traffic stop by activating my emergency lights and equipment which in turn activated my in car camera and my body worn camera.

The vehicle turned into the Food Depot parking lot (660 West Bankhead Highway) and came to rest. I exited my patrol vehicle and made contact with the driver, Terrence Butts. I introduced myself and requested his driver’s license, which he provided. I informed him the reasoning for the traffic stop and requested his passenger’s ID as well. I observed Butts’ eyes were watery and bloodshot, and I smelled the odor of an alcoholic beverage emanating from within the cabin of the vehicle. I asked Butts how much he had to drink tonight and he advised, “Two beers.” Butts immediately spoke up and stated he was headed to “room up there”.

I returned to my patrol vehicle and requested dispatch conduct an inquiry of the license provided by Butts. Dispatch advised Butts license was valid with no warrant status, as well as his Ford to have valid insurance and valid registration.

Officer Massey arrived on scene to assist with my investigation. I approached the vehicle and instructed Butts to exit the vehicle and speak with me further. While outside of the vehicle I asked Butts when he consumed the “two beers” and he advised about an hour and a half ago. I asked Butts what type of beer he consumed and he advised, “twelve ounce bud light.” Butts went on to tell me he had nothing since the beer and nothing prior to consuming the beer. While speaking with Butts I smelled the odor of an alcoholic beverage coming from his breath.

I asked Butts if he would be willing to participate in Standardized Field Sobriety Testing, to which he consented.

Standardized Field Sobriety Testing (SFST)

Horizontal Gaze Nystagmus (HGN): 6 of 6 clues

Butts was positioned to the front of my Villa Rica patrol vehicle, on relatively flat and level pavement. Butts was asked about any corrective lenses or glasses. Butts advised he wore no corrective lenses or glasses. Butts also advised he did not have a stigmatism or resting nystagmus. Butts was directed to stand with his feet together and keep his hands by his sides. Butts was instructed to follow a stimulus, finger, with his eyes while keeping his head stationary. Butts advised he understood the instructions and indicated he was ready to begin the assessment.

  • Butts had equal tracking and equal pupil size in both eyes.
  • Butts had lack of smooth pursuit in both his left and right eyes.
  • Butts had distinct and sustained nystagmus at maximum deviation in both his left and right eyes
  • Butts had onset of nystagmus prior to 45 degrees in both his left and right eye.

Walk and Turn (WAT): 3 of 8 clues

Butts was placed on relatively flat and level pavement. I administered the walk and turn evaluation to Butts. I explained the instructions and demonstrated the evaluation. Upon asking Butts if he understood my instructions, he advised he did.

  • Butts was unable to balance during instructions.
  • Butts made an improper turn
  • Butts missed heel to toe.

One Leg Stand (OLS): 2 of 4 clues

  • Butts swayed.
  • Butts used his arms for balance.

I obtained my portable alco-sensor from my patrol vehicle. Butts provided a breath sample, which indicated a positive presence of alcohol (.106). I took the results of the Standardized Field Sobriety Testing, Butts physical and driving manifestations, as well as admittance to consumption of alcohol into consideration.

Butts was placed in double-locked handcuffs to the rear, checked for proper-fit. I advised Butts he was placed under arrest for driving under the influence of alcohol. I searched Butts incident-to-arrest and placed him in the rear seat of my patrol vehicle. I read Butts the Georgia Implied Consent Notice for Suspects Age 21 or Over (DDS-354, 05/2019), requesting a state administered chemical test of his blood. He agreed to a blood draw.

The Ford was inventoried before Mayfield Wrecker Service removed it from the roadway. The female passenger in the Ford was given an escort to the Villa Rica Police Department, where she awaited a ride.

I transported Butts to the Villa Rica Police Department for processing. Upon arrival, Butts was escorted to the processing room where he was booked-in, fingerprinted, and issued citations. Upon completion, Butts was transported to the Carroll County Jail for housing. It should be noted while at the police department Butt’s refused the chemical test of his blood after True Peaks arrived at the police department.