Date of Booking:
Reason(s) For Booking:
WEAVING OVER ROADWAY
OBSTRUCTION OFFICER – MISD
DUI 0.08G OR MORE WITHIN 3 HOURS OR MORE
[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 8, 2022, I was driving northbound on Interstate 575 from Highway 92. While merging onto the interstate, I observed a red pick-up truck driving at a high rate of speed. The pick-up truck was weaving within the lane then changed lanes into the next lane to the left. The truck crossed the left-hand dotted line before correcting its travel. The vehicle then crossed the right-hand dotted line and continued to drive over the right-hand line. The truck continued to operate erratically, driving over the lane separation lines.
I attempted to conduct a traffic stop at 575 and the Towne Lake Parkway exit ramp, However, the truck continued northbound without braking. I identified it as a Red 2000 Chevrolet pick-up truck (GA Tag# [REDACTED]). The Chevrolet suddenly braked and pulled over into the gore north of the Towne Lake Parkway entrance ramp. The Chevrolet pulled forward into the gore at it’s peak, causing it to impede the merging lane.
I approached the driver, identified as Joseph Redford, I explained I had pulled him over failure to maintain lane. He asked me how he was failing to maintain lane, I explained I observed him cross over both dotted lines on either side of him multiple times. Joseph asked the same questions multiple times regarding reason for the stop. It appeared he could not comprehend the simple explanation he was provided each time. While speaking with Joseph, I observed he had blood shot and watery eyes, a strong odor of an alcoholic beverage emitting from his mouth. I noticed while he was speaking to me, he seemed to display a prominent slur in his speech.
Joseph continued to ask how he was failing to maintain lane. I attempted to explain to Joseph again, numerous times, and provide different explanations how he violated state law. This pattern continued throughout the duration of the stop. Joseph continued to state he didn’t understand. I asked where he was coming from and he responded he was going to his mom’s house. He did not answer my question on where he was coming from and instead he continued to ask why he was pulled over. I asked if he consumed any alcoholic beverages; Joseph stated “no”.
I requested Joseph’s driver’s license, he fumbled in his wallet for several seconds to obtain his drivers license. I noticed, while watching this, his operators license was in plain view within his wallet. Joseph seemed to overlook this item several times. He was eventually able to locate it and give it to me. I asked him if he lived at the address listed on his license, and he stated “yeah, that’s where I’m going”. When asked, he stated he was in Woodstock for construction work but would not divulge his work site.
I asked Joseph to step out of the vehicle and walk to the front of my car. As Joseph exited the vehicle, he rolled out of the car and utilized the B Pillar of his truck in order to maintain balance. I asked Joseph to walk towards the front of my patrol car. He was swaying as he walked and continued to bump into his truck bed, stopping at the end of the truck instead of at the front of my patrol car. I had to ask three more times for him to walk to the front of my car before he complied.
I asked Joseph if he had any medical conditions or was on any medications, which he claimed he was not. I explained that based on his speed, failing to maintain lanes, and his inability to retain the conversation we were having, I was concerned he was not safe to drive. I asked if he would perform Standardized Field Sobriety Evaluations in order to determine if he was safe to drive. He asked again why I had pulled him over. I asked him again how much he had to drink, as the odor of an alcoholic beverage was stronger as he was standing in front of me. He responded he had nothing to drink. I noticed while speaking to Joseph, his mouth appeared to be extremely dry with a white film over his tongue and corners of his mouth. I asked again is he would consent to SFST, which he refused.
I attempted to observe his eyes for signs of impairment again, however he began to shout at me for shining a light in his eyes. I found this odd, as my light was pointed at his chest. I asked if he would consent to performing the HGN evaluation, Joseph initially agreed stating “go ahead”. I asked him to remove his baseball hat and eye glasses and place them on the hood of my car. I began giving him instructions, which he did not comply and began to ask “why am I doing this?”. He asked me why I would ask him to take off his glasses, and I reminded him he consented to this evaluation. I repeatedly asked if he would consent to evaluations, however he argued without answering my questions. I explained we were not going to argue back and forth, I asked if he consented or if he did not. He finally answered and stated he did not consent.
I asked Joseph to turn around and place his hands behind his back. I advised he was under arrest. I handcuffed him behind his back checking for proper fit and double locking. At approximately 11:40pm, I read him Implied Consent Notice for Suspects Age 21 or Over (DDS-354 05/2019). He told me he didn’t understand. I attempted to respond, however he yelled over me and kept interrupting, not allowing me to read him the Implied Consent notice again.
Deputy Pacifico searched Joseph incident to arrest. After being searched, Deputy Pacifico placed Joseph in the backseat of my patrol car and buckled him in. Deputy Pacifico stayed with the truck and conducted the Impound Form for ACE Towing, the next list wrecker service.
I began my transport to the Cherokee County Sheriff’s Office Bridgemill Precinct located at 9550 Bells Ferry Road for a blood draw. On my way to the precinct, Joseph would shout at me. When we arrived at the precinct, I applied for a search warrant (22-SW-000021), which was approved by Judge Carson of the Cherokee County Magistrate. I served Joseph with the search warrant for his blood, which he refused to comply with the judicial order.
I transported Joseph to the Cherokee County Adult Detention Center. Joseph and his personal effects were turned over to the ADC staff without incident. I attempted to serve Joseph with an Administrative License Suspension and Implied Consent Form. I explained the DDS-1205 to joseph, however Joseph refused to sign the form and instead, punched the window in front of my face and screamed “Fu*k you, bit*h”. I confiscated his license and submitted the paperwork to Department of Driver Services, his copy was placed into inmate property.