SMITH, BRUCE ELLIOTT
Date of Booking:
Reason(s) For Booking:
DUI ALCOHOL 0.08 GR OR MORE
LEAVING SCENE OF ACCIDENT WITH INJURY/DEATH
OPEN CONTAINER IN PASSENGER AREA OF VEHICLE IN OPERATION
[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 Saturday, 6/4/2022, at approximately 02:1 1, I was on the right shoulder of I-85, near mile marker 54, conducting a traffic stop. During the traffic stop, I observed a gray 2011 Nissan Altima rear end a silver 2009 Ford Fusion right next to the traffic stop location.
The driver of the Ford Fusion, later identified as [VICTIM #1], pulled over on the right shoulder just ahead of my location. The driver of the Nissan Altima, later identified as Bruce Smith, slowed down as if he was going to pull over and then drove off leaving the scene of the accident.
I ended my traffic stop and proceeded to pursue the fleeing vehicle. At mile marker 53, I caught up to the Nissan Altima and conducted a traffic stop and Smith pulled over on the right shoulder.
I made contact with Smith on the driver side of his vehicle. I asked Smith if he intended on driving away after having a wreck. Smith stated the car hit his brakes while they were traveling at a high speed. He then asked what he was supposed to do. I told him he was supposed to pull over like the other vehicle involved did.
Smith appeared to have slow, sluggish movements and blood shot eyes. I could smell the moderate odor of an alcoholic beverage on his breath.
I requested Smith exit the vehicle. As he exited I asked how much alcohol he had drank this evening. Smith stated, “I haven’t drank too much.”
In the meantime, [VICTIM #1] had pulled up and stopped behind my vehicle. I told Smith to wait as I went to make contact with [VICTIM #1].
[VICTIM #1] stated he was not injured. He stated he was lucky I was stopped right there because the other driver just kept on going. I looked at the back or [VICTIM #1]’s Ford Fusion and observed Smith’s front bumper still attached to the back of [VICTIM #1]’s car by the trailer hitch.
I returned to my patrol car and turned off my vehicle’s flashing emergency lights.
I then returned to Smith. Smith advised he drank one beer at approximately 21:00.
I asked Smith if he would be willing to conduct standardized field sobriety tests and he agreed.
Smith was a 58 year old male, approximately 5’11” tall, and medium-thin build. He was wearing a polo shirt with shorts and laced sneakers.
When asked of any pre-existing medical conditions Smith complained of none. Smith stated he does not take any medications.
Smith stated he does not wear contacts or glasses. His pupils were equal sizes and his eyes appeared to be bloodshot.
I performed the horizontal gaze nystagmus exam in accordance with NHTSA standards and training and observed all three clues in each eye, twice totaling six clues.
The three clues I observed were the lack of smooth pursuit, a distinct and sustained nystagmus at maximum deviation, and a nystagmus prior to 45-degree onset. I did not observe vertical nystagmus.
Prior to performing the Walk-And-Turn and One-Leg Stand tests, I evaluated the surrounding environment and confirmed the concrete surface was hard, level, dry, and non-slippery.
Immediately preceding each test, I instructed and demonstrated the test in accordance to NHTSA standards and practice. During the test I observed from a safe distance of approximately 3-4 feet and remained as motionless as possible throughout each test.
Upon observing Smith complete the Walk-And-Turn exam, I observed two clues. The two clues I observed were: Smith started too soon and missed heel-to-toe. In addition, Smith did not complete a turn or complete the nine returning steps.
After being told to not start the test until told to do so, Smith began taking heel-to-toe steps prior to me completing the instruction stage. I had him return to the starting position before continuing with the instructions.
On Smith’s third step, he stepped on his toes. Each step after, on the initial nine, Smith’s foot landed next to the toes of the planted foot rather than with the heel in front of the toes.
After completing nine initial steps, Smith stopped. I asked him if he was done and stated, “Yes, Sir.”
Upon observing Smith complete the One Leg Stand exam, I observed no clues.
It should be noted during the One Leg Stand exam, Smith could not count in order and skipped around numbers when counting between “1011-1021.” He ended on 1021.
Smith took a preliminary breath test and the results indicated a BrAC of 0.104 g.
Based on the totality of circumstances I determined Smith was less safe to operate a motor vehicle due to the alcohol he had consumed prior to driving a motor vehicle.
I advised Smith he was under arrest for driving under the influence. I secured him with handcuffs, with his arms handcuffed behind his back and double locked.
I read Smith the Georgia Implied Consent Notice for suspects 21 years of age and over, and he consented to a state administered chemical test of his breath.
Smith went on to explain the person in front of him hit their brakes and he was unable to stop. He wanted the person that hit their brakes to get in trouble as well.
I searched his person and secured him in the rear passenger seat of my patrol car.
I searched the driver’s reach area of the vehicle for fruits of the crime. I observed an open, half empty 375 ml bottle of gin in the glove box. Additionally, there was an old Altoid tin that had what smelled like remnants of marijuana.
I inspected the front of Smith’s vehicle and determined it was not safe to drive. A-Affordable responded to the scene and impounded the vehicle.
I transported Smith to Coweta County Jail.
I conducted the chemical breath test on the Intoxilyzer 9000. My permit number to operate the device is 954549, and expires on 11/25/2022.
Upon a successful completion of the breath test the first sample indicated a BrAC of 0.105 (g/210L), and the second sample indicated a BrAC of 0.100 (g/210L).
Based on the results of the state administered chemical breath test, Smith was charged with having a prohibited breath alcohol concentration in violation of O.C.G.A. 40-6-391.
Due to Smith being involved in a motor vehicle collision, per policy, I transported him to Piedmont Newnan Hospital. Smith had no complaints of injury and after being seen by staff, he was cleared to be accepted at the jail.
Smith was booked into jail on citation for DUI – alcohol 0.08 g or more, leaving the scene of an accident with property damage, and having an open container of alcohol in the passenger compartment of the vehicle.
I completed a DDS 1205 form and served Smith notice of his pending driver license suspension. I seized Smith’s driver’s license to be returned to the State with the DDS 1205 form.