Date of Booking:
Reason(s) For Booking:
WEAVING OVER ROADWAY
DRIVING UNDER THE INFLUENCE OF ALCOHOL
[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 the 29th day of May 2022 at approximately 2:00 a.m., I was traveling westbound on Hwy 92 towards Woodstock Road Acworth, Ga 30101. I observed a red sedan with Ohio tag “[REDACTED]” weaving over the roadway. The driver of the vehicle crossed over the fog line almost striking the curb. Also, the driver jerked the vehicle very abruptly from left to right several times. As I approached the vehicle from the left lane the driver continued to travel westbound while crossing over the dotted line.
Given this observation I initiated a traffic stop by activating my emergency lights. The driver slowed down and pulled over to the right of the travel lane stopped the vehicle. Utilizing the public address, I asked the driver to move out of the roadway and stop in the left turn lane out of the main road. During my initial approach, I noticed the driver had red glassy watery eyes and I could smell alcohol emanating from the vehicle. The driver was identified as, Tomas Gonzales, and the passenger was identified as [REDACTED].
I asked the driver to exit the vehicle and speak with me which he complied. I explained to the driver the reason for tonight’s encounter was due to his weaving over the roadway. The driver provided that he was looking at he GPS and trying to watch the road ahead. The driver provided that he was visiting from Ohio with his friend. I informed the driver that I could smell alcohol emitting from his breath and that his eyes are glassy and red. The driver provided that he was traveling back home from “Buckhead Bars” in metro Atlanta where he consumed two mixed alcoholic beverages.
Based on the driver’s verbal admission to consuming alcohol, I asked the driver if he would consent to performing the Standardized Field Sobriety evaluations to determine if he’s an impaired driver and he consented. I cleared the driver of injuries, prior to giving instructions for the evaluation. The driver stated his natural eye color is brown and he does not wear glasses or contacts.
Horizontal Gaze Nystagmus
I gave the driver instructions of how to stand in the proper position. I checked for equal pupil size and equal tracking. During the evaluation, I observed the following clues:
*Lack of smooth pursuit in each eye.
*Distinct and Sustained Nystagmus at maximum deviation in each eye.
*On Set Nystagmus Prior to 45 Degrees in each eye.
Walk and Turn
I demonstrated and provided the driver instructions of how to perform the evaluation. During the evaluation, I observed the following clues:
*Misses – heel to – toe
One Leg Stand
I demonstrated and provided the driver instructions on how to perform the evaluation. During the evaluation, I observed the following clues:
*Puts foot down
*Uses arm for balance
After the driver completed the evaluations I asked the driver how many alcoholic beverages did he actually consume. The driver provided that he’s uncertain of how many drinks he had but that he asked the bartender to keep supplying him with alcoholic beverages. Given the driving observed, the driver’s physical manifestations, the driver’s statements and admissions, and the result of the field sobriety evaluations, I determined the driver was an impaired driver.
I told the driver he is now under arrest. I instructed the driver to place his hands behind his back placing him in handcuffs double locking them and checking for proper fit. I read the Georgia Implied Consent notice for Drivers’ Age 21 or Over ((DDS-354 (05/2019)) asking for a sample of his blood. The driver stated “of course” to providing his blood for the state administered chemical test. I searched the driver for weapons an contraband which none was found. I secured the driver in the rear seat of my patrol vehicle.
I transported the driver to the Oak Grove precinct for the blood draw. Fire paramedic of station 19 conducted the blood draw. The two vials of blood were sealed inside of a GBI Blood/Alcohol Toxicology kit in front of the driver. I placed the driver in handcuffs in front of his stomach, double locking them and checking for proper fit. I secured the driver in the rear seat of my patrol vehicle and transported him to the Cherokee County Adult Detention Center. I turned to driver over to detention staff with proper documentation. I searched the rear seat of my patrol vehicle for contraband which none was found.
Evidence Collection & Preservation
The driver, Tomas Gonzalez, was charged with the following:
-O.C.G. A 40-6-391 Driving while under the influence of alcohol Citation # 274732
-O.C.G. A 40-6-48 Weaving over Roadway Citation # 274733
-Per driver’s request, his vehicle was released to [REDACTED]
-[REDACTED] administered the state test
-ECR # 22-01135 for the GBI Blood kit