Dworkin, Preston Ben
Date of Booking:
Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL – LESS SAFE
Failure to Maintain Lane
[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 November 12, 2022]
On 11/12/2022, at approximately 2:25am, Deputy Weaver was sitting stationary running LIDAR on the off ramp of Exit 345 Southbound. Deputy Weaver observed a vehicle in the far right lane, traveling faster than the other vehicles in the two other lanes. Deputy Weaver checked the vehicle at 99mph in a 70mph zone. Deputy Weaver continued to track the vehicle, as it got closer, Deputy Weaver observed the vehicle making sporadic lane changes, without using a turn signal, and failing to maintain lane by swerving into the middle lane numerous times and then jerking it back into the vehicles original lane of travel. The vehicle passed Deputy Weaver at 99mph and did not apply the brakes.
Deputy Weaver pulled out behind the vehicle. Deputy Weaver observed the vehicle hit the fog line numerous times. Deputy Weaver initiated a traffic stop by turning on his blue lights and sirens. The vehicle slowly pulled onto the left shoulder and came to rest.
Deputy Weaver made a driver side approach. While walking up the vehicle, Deputy Weaver noticed the driver spraying on cologne and throwing numerous bags into the back of the van. Deputy Weaver stated “Good morning I’m Deputy Weaver with the Catoosa County Sheriff’s Office, do you know why I pulled you over?” The driver stared at Deputy Weaver with a blank stare and stated “Idk”. Deputy Weaver asked the driver how fast he thought he was going. The driver stated “I had it locked on 75”. Deputy Weaver informed the driver he checked him at 99mph, and when he passed him he maintained that speed. The driver said there is no way he was going that fast.
Deputy Weaver asked the driver for his drivers license and registration. The driver fumbled through his wallet for a few seconds trying to find his drivers license, and eventually found it and handed it to Deputy Weaver. Deputy Weaver asked for the the vehicles registration. The driver fumbled around for a minute or two and finally found it above the visor. While speaking with the driver Deputy Weaver observed the odor of alcohol on the drivers breath, and red bloodshot eyes.
Deputy Weaver asked the driver had he had anything to drink tonight. The driver stated “No I just dropped my brother off in Dalton, and I’m driving back home”. Deputy Weaver informed the driver he smelt the odor of alcohol, the driver said there was no way he hadn’t had anything to drink tonight, run all the tests you want”. Deputy Weaver told the driver to sit tight, while he went back to his car and ran his information. Deputy Weaver called dispatch and asked for a second unit that was able to run Standard Field Sobriety Tests. Deputy Kuzma was assigned to the call.
Deputy Kuzma arrived on scene. Deputy Weaver informed Deputy Kuzma his probable cause for the stop and what was going on. Deputy Kuzma began his DUI Investigation. Deputy Weaver asked the driver for consent to search the vehicle. The driver said “Go ahead, it’s a work vehicle, you aren’t going to find anything in there but tools and other stuff”. The driver then stated “You aren’t going to find any drugs in there either”. Deputy Weaver began searching the vehicle while Deputy Kuzma started his DUI Investigation.
Deputy Weaver found a bottle of cologne, that appeared to be thrown in the back of the van, and six empty bottles of Bud Light. Deputy Weaver asked the complainant again how much he had to drink, the complainant stated he had two bud lights at his brothers house. Deputy Weaver asked where all of the empty bottled of Bud Light came from. The complainant said it was a work van and a lot of people ride in it, they weren’t his. Deputy Kuzma completed a supplemental in regard to the DUI investigation.
At this time Deputy Weaver advised the offender he was under arrest for DUI. Deputy Weaver told the offender to turn around and place his hands on the hood of his car. The offender complied without any hesitation. The offender was handcuffed behind the back, cuffs checked for fit and double locked.
Implied Consent was read to the offender and he declined. The offender was searched before being placed in the back of Deputy Weavers patrol car. The offender was placed in the rear seat of the patrol vehicle and seat belted in. The offender was transported to the jail without incident and turned over to jail staff. The rear seat was checked for contraband before and after transport and nothing was located.
[End of Narrative]
[NARRATIVE #2 on November 12, 2022]
On Saturday November 12th 2022 Deputy Kuzma was en route to assist Deputy Weaver on his traffic stop. Deputy Kuzma arrived on scene and met with Deputy Weaver, Deputy Weaver stated that the offender was speeding and failed to maintain his lane several times and could smell an odor of Marijuana coming from inside the vehicle. Deputy Weaver also stated that he could smell a strong odor of cologne coming from inside the vehicle. Deputy Kuzma walked up to the offender and met with the offender. Deputy Kuzma asked the offender if he had anything to drink or if he smoked any Marijuana and the offender stated no. The offender stated that he was coming from Dalton and just dropped off his brother.
Deputy Kuzma asked the offender if he would be willing to perform field sobriety to make sure he was ok to be driving and he agreed. Deputy Kuzma had the offender step out of the car and pat searched him for weapons, Deputy Kuzma asked the offender if he could search inside his pockets and he stated yes. Deputy Kuzma had the offender step to in front of Deputy Weaver’s patrol car so the offender could have a space to do the field sobriety test.
Instructional phase- Deputy Kuzma showed the offender how he wanted him to stand while Deputy Kuzma was demonstrating the test and explaining it to the offender, the offender did not stay in the position while Deputy Kuzma was demonstrating the test like instructed to do so. Deputy Kuzma finished showing the offender the test and asked if he understood and he stated yes.
Nine Step Walk and Turn- The offender started to the first set of steps and he *stopped while he was walking*, the offender also stepped off the line*, on the third step the offender *did not touch heel to toe* like instructed to do so. The offender also stepped off the line again on step 6 on the first set. When the offender got to his ninth step he made an *improper turn* by using both feet and not keeping his lead foot planted. Total clues- 4 out of 8
One Leg Stand- In 4 seconds the offender *put his foot down before the test was completed*, at 12 seconds the offender put his foot down again before the test was completed, at 14 to 16 seconds the *offender lost his balance and was hopping on his foot to try and maintain his balance*, *the offender also was using his arms to maintain his balance*. Total clues- 3 out of 4.
Deputy Kuzma asked the offender if he would blow in his Alco sensor and he stated yes. Deputy Kuzma got out his agency issued Alco Sensor and the offender was not blowing hard enough for the Alco sensor to get a reading. After approximately the third time the offender blew hard enough for the Alco Sensor to get a reading and the Alco Sensor showed the offender having a .097 BAC. Deputy Weaver took the offender in custody and had him in the back of his patrol car.
Deputy Kuzma read Implied Consent to the offender and he refused the state test. After the offender finished field sobriety Deputy Kuzma asked the offender how much he had to drink tonight and he stated two beers approximately two hours ago.
[End of Narrative]