Kelly Burgett

Name:
Burgett, Kelly

Date of Booking:
02/03/2022

Reason(s) For Booking:
OPEN CONTAINER ALCOHOL IN VEHICLE

DRIVING UNDER THE INFLUENCE ALCOHOL

IMPROPER TURN

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 3, 2022 at approximately 9:41 pm, I was traveling eastbound on Towne Lake Parkway near Main Street. I observed a white Lexus IS bearing tag #[REDACTED] turn left onto Main Street from Towne Lake Parkway, in a clearly marked no left turn intersection. I activated the emergency equipment on my patrol vehicle and initiated a traffic stop on Main Street near Towne Lake Parkway. The white Lexus pulled into a parking spot.

I met with the driver of the vehicle, Kelly Burgett. I explained the reason for the traffic stop and requested her driver’s license. The extremely strong odor of an alcoholic beverage was pouring out of the vehicle. I observed Kelly to have glassy blood shot eyes. I asked Kelly where she was traveling from, she said Daily Draft. Kelly described Daily Draft as a restaurant. Kelly had slurred speech as she spoke to me. I observed Kelly’s mannerisms as she searched for her driver’s license. She moved slow and methodical, as if she had to think about how to retrieve her license from her wallet.

I asked Kelly to exit the vehicle and walk to the front of my patrol vehicle. Before she exited the vehicle, I told her she could roll the driver’s side window up due to the rain. Kelly was unable to roll the window up as she kept trying to roll the back-driver’s side-passenger window up. That window was already closed. I requested dispatch to have a second unit enroute to my location.

Once in front of my patrol vehicle I spoke with Kelly. Kelly told me she arrived at Daily Draft at approximately 8:00 pm. Kelly told me before she traveled to Daily Draft she had been at a cooking class and then ate dinner at Ipps. Kelly told me while at Daily Draft, she consumed two dark draft Guinness beers. Kelly was unsure of the amount of alcoholic beverage she consumed but assumed the beers were the size of a plastic cup. Kelly told me the amount of beer she consumed is more than the amount she typically consumes.

I asked Kelly if she consumed alcoholic beverages at Ipps, she said not really. Kelly told me she had a glass of champagne while at the cooking class. I asked Kelly who her passengers were. Kelly said something to the effect of, “one is really drunk.” Kelly continued to speak with me. Kelly told me she had just texted her boyfriend right before the traffic stop. Kelly explained she texted her boyfriend something to the effect of, “I need you to take us all home.” As Kelly spoke to me, the strong odor of an alcoholic beverage was coming from her breath.

I asked Kelly if she would perform voluntary standardized field sobriety evaluations to ensure she was safe to have operated a motor vehicle and was safe to continue to do so. She said yes. Due to the rain and cold, I escorted Kelly to the back seat of my patrol vehicle, to await my backup. I deactivated the emergency equipment on the front of my patrol vehicle. I returned to the vehicle to meet with Kelly’s passengers. Her passengers told me they had all been at a work party at Daily Draft.

Deputy Ohar arrived on scene and stood by with Kelly’s vehicle and passengers. Due to the cold rainy weather, Kelly’s extremely small stature, and the lack of warm clothing she had on, I made the decision to move Kelly to a covered area. I escorted her to 8516 East Main Street, Salon and Spa Venessa. Kelly and I walked to the covered porch area of the salon.

I asked Kelly if she had any medical conditions that prevent her from standing, walking or balancing. She said no. I asked Kelly if she took any medication, she listed several vitamins but not prescription medications. I asked Kelly if she ever had any head injuries. Kelly said during a car accident three years ago she had a possible concussion. I asked Kelly if she wore glasses or contacts. Kelly told me she wore glasses and they were in her vehicle. I conducted voluntary standardized field sobriety evaluations and the following clues were observed.

HORIZONTAL GAZE NYSTAGMUS (HGN)

Lack of smooth pursuit (both eyes)
Distinct and sustained nystagmus at maximum deviation (both eyes)
Onset of nystagmus prior to forty-five degrees (both eyes)
Vertical nystagmus (both eyes)

WALK AND TURN

Broke stance
Stopped while walking
Missed heel to toe
Improper turn

ONE LEG STAND

Sway
Hop
Arms for balance

ALPHABET LETTER G THROUGH LETTER O

“G, E, F, D, OH MY GOD F, D, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z,”

MODIFIED ROMBERG

25 SECONDS

While I conducted HGN, Kelly swayed front to back and left to right. I had to ask Kelly multiple times not to move her head. After being told not to move her head, Kelly asked me if she had moved her head.

While Kelly performed the walk and turn, she swayed. Kelly broke her stance and told me something to the effect of, “I have horrible balance.” As Kelly walked down the line she stopped while walking and asked me if she needed to walk backwards. Kelly performed an improper turn. Kelly took the incorrect number of steps, ten back down the line. Kelly missed touching her heel to toe during her steps.

While Kelly performed the one leg stand she swayed. Kelly began the evaluation before instructed to do so. Kelly used her arms for balance as she nearly lost her balance two times. Kelly hopped on her right leg.

While Kelly recited the alphabet letter G through letter O, she swayed. Kelly stopped me during the instructions and said she did not understand. I repeated the instructions to Kelly more than two times. Kelly recited the alphabet letter G through letter O as follows, “G, E, F, D, OH MY GOD F, D, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z.”

While Kelly performed the modified Romberg, she swayed. Kelly did not tilt her head back as instructed but her eyelids fluttered. Kelly counted out loud, not in her head as instructed. Kelly completed the evaluation in twenty-five seconds.

When asked if she thought it was safe to have operated a motor vehicle on today’s date, Kelly said something to the effect of, “Maybe not. No. Not to drive home. Definitely not. I don’t feel safe after two glasses of wine.”

I informed Kelly she was under arrest for driving under the influence. I placed her into handcuffs behind her back, checked them for proper fit and double locked them. I escorted Kelly to the backseat of my patrol vehicle due to the weather. I read Kelly the Georgia Implied Consent Notice for Suspects Age 21 and Over. She consented to the state requested chemical test of her blood.

Kelly told me she did not want her passengers taking possession of her belongings or vehicle. I relocated my patrol vehicle back to the location where her vehicle was parked, directly across from the salon. I informed the passengers, Kelly did not want to release the vehicle to them and they were free to leave. The passengers of Kelly’s vehicle walked to a nearby business.

I gathered Kelly’s property out of her vehicle. Kelly wished to have her vehicle secured and left in Woodstock. Deputy Ohar notified Woodstock Police Department of Kelly’s desire to leave her vehicle on scene. I explained to Kelly, the chance of her vehicle being impounded, she still wished to leave it on scene.

I conducted a search of the vehicle incident to arrest. I located three plastic cups in the front seat area and center console area of the passenger compartment, that contained alcoholic beverages. The items were placed on the hood of my patrol vehicle in camera’s view. I ensured the vehicle was secured before departing the scene.

I advised dispatch I was transporting Kelly to 2731 Marietta Highway, Station 11. Once at Station 11, Kelly was escorted inside where her handcuffs were removed. Paramedic [REDACTED], qualified medical personnel, was able to draw two vials of blood from Kelly. The two vials of blood were secured in a GBI blood alcohol toxicology kit, which I took immediate possession of. Kelly was placed into handcuffs in front of her person. I checked them for proper fit and double locked them. I escorted her back to my patrol vehicle.

I advised dispatch I was transporting Kelly to the Cherokee County Adult Detention Center. Once at the ADC, Kelly was turned over to jail deputies with the proper incoming paperwork. I issued Kelly Uniform Traffic Citation #271941, for driving under the influence. Prior to departing the ADC, I checked the backseat of my patrol vehicle for contraband, finding none.

Warrants for Kelly for improper turn, driving under the influence, and possession of open containers will be obtained without delay. The GBI blood alcohol toxicology kit will be submitted into evidence, recorded on ECR#22-00224. I advised dispatch and returned to service.