Danny Overbay

Name:
Overbay, Danny Lewis

Date of Booking:
05/09/2026

Reason(s) For Booking:
DUI / ALCOHOL / LESS SAFE

FAILURE TO STOP AT STOP SIGN

OPEN CONTAINER OF ALCOHOL

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 Friday May 8th, at or around the time of 21:36 hours, I, Deputy Reeves was sitting off the road way on Highway 337 in Menlo, facing the four way intersection of Highway 48, and 337, observing traffic. I then observed a white jeep coming up to the intersection of Highway 48 from the direction of Mentone. The Jeep then ran the stop sign, and made an abrupt turn onto Highway 337, and began to travel in it’s own lane in my direction. I then turned around, and cut my emergency lights on, initiating a traffic stop. The vehicle then came to a complete stop in the lot of the old Georgia Elite cheer parking lot.

I then approached the driver, who identified as Danny Overbay. I told Danny he did not stop at the stop sign, and he replied that he was sorry, for he thought that he had came to a stop. I then got the odor of an alcoholic beverage emitting from Danny’s breath, and it was at this time I asked him where he was coming from. Danny stated that he was coming from Trion, and that he was coming from seeing a friend.

I had already observed that Danny came from the direction of Alabama, which led me to belived that he may be under the influence, do to his confused state. I then asked Danny for his drivers license, and asked him once more where he was coming from, and he then replied Trion. I then asked Danny if he was maybe headed to Trion, and he had to correct himself, and he then stated that he was mistaken. I then went to my unit to run Danny’s information.

I then returned, and told Danny to exit the vehicle, and I told him I had the odor of alcohol emitting from his breath, I asked Danny if he had anything to drink tonight, and he replied no. It was to my observation that Danny’s eyes were bloodshot, and watery, and his posture was slumped over, as if he was having trouble keeping his own weight up. I then asked Danny if he would be willing to take a portable breath test, which he replied no. I then asked if he wasn’t willing to emit a breath sample, if he would be willing to allow me to check his eyes, and see if he was okay to drive.

Danny then agreed, and I placed him in position to check for any Nystagmus. I then medically cleared Danny, and he advised that he did not where glasses or contacts, nor did he take any prescription medication. I then told Danny to keep his head still, and follow the tip of my stimulus with his eyes, and his eyes only. Danny then said that he understood the instructions given, and when I made a pass to check for Lack of smooth pursuit, he followed with his head, and his eyes did not follow the stimulus smoothly. I then had to tell Danny multiple times to keep his head still throughout the whole time checking for Nystagmus.

I then placed Danny in position for the walk and turn, and told him to remain in position until being told to begin. Danny then stepped out of the instructional phase, and began to walk without further instruction. I then attempted two more times to get Danny to attempt the walk, and turn, and he then became agitated, but not aggressive. I then tried once more to place Danny in instructional phase, and do to him stepping out, and unable to keep his balance, I made the decision to stop the test.

I then placed Danny under arrest for DUI less safe driver, and he was then placed in the back of my unit, where he was read his Miranda waiver, as well as implied consent for persons over the age of 21, which he refused. I then did a search of Danny’s vehicle for any possible open containers, which I located two blue shot glass sized containers, that contained a small amount of what I suspected to be alcohol, with the store seals broken. They were both labeled as Old Smokey moonshine both containers being 64% alcohol by volume, and they were then bagged as evidence for open container violation.

I then transported Danny to the jail, where he was served ALS form, and there was nothing more to report at this time.

[End of Narrative]