Emma Davis

Name:
DAVIS, EMMA NICOLE

Date of Booking:
10/9/2021

Reason(s) For Booking:
DUI ALCOHOL 0.08 GR OR MORE

FAILURE TO MAINTAIN LANE

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 Thursday, May 6, 2021, while on routine patrol in the area of GA-I54 and Raymond Hill Rd, I did observe a silver in color Toyota Corolla traveling south on GA-154. The vehicle did slow well below the posted speed limit of 45mph as it approached the intersection. The vehicle turned east onto Raymond Hill Rd. I pulled into the roadway to follow the vehicle and observe the driving.

The vehicle was weaving within the lane and varying speed slightly. The car drifted onto the right-hand lane boundary in the area of Peachtree Ln. The vehicle continued at approximately 54mph in a 45mph zone before slowing up the hill. When the vehicle proceeded onto Major Rd it again accelerated to approximately 54/55mph. I activated my emergency equipment in the area of Beaconsfield to conduct a traffic stop on the vehicle.

The vehicle, a silver in color 2021 Toyota Corolla, GA tag [REDACTED], came to a stop in the right hand turn lane near Colbrook Dr. I approached the driver’s side and made contact with the driver and sole occupant, Emma N. Davis. I identified myself and informed her of the reason for the stop. Davis advised that she was coming from her sister’s. While speaking with her I noticed that her speech appeared slurred and that her eyes were glassy. I asked how much she had to drink and she initially advised “none”. When I asked when the last time she did actually have a beverage she advised “yesterday at dinner” and stated it was just “one drink”.

I returned to my vehicle to verify Davis’ license status. When I returned to the vehicle I asked her if she had any dental appliances (braces, retainers, etc.) or if she had any oral piercings which may explain the slight slur. I asked her to exit and step to the rear bumper, so I could ensure that she was safe to drive. I medically cleared Davis, verifying that she had no problems with her eyes, hips, knees, or ankles. She did advise that she wears soft contact lenses.

Horizontal Gaze Nystagmus
I placed Davis into the instructional position and checked her eyes for resting nystagmus and observed none, and checked her pupil size. I verified equal tracking. After ensuring she understand instructions, I began the evaluation and observed the following:

  1. Lack of smooth pursuit, both eyes,
  2. Distinct and sustained nystagmus at maximum deviation, both eyes.

During the evaluation Davis was swaying in circles. There were several times where she was not focusing on my finger and I had to verify she was, in fact, tracking the stimulus. Also, she would turn her head to her right slightly while tracking. While conducting HGN evaluation I was able to smell the odor of an alcoholic beverage coming from her person. She advised that she had “one margarita” around “4 or 5 o’clock” and advised she was at a golf tournament.

9 Step Walk and Turn
I placed Davis into the instructional position and advised her to remain while I provided instructions. I provided instructions and a demonstration for the walk and turn evaluation. I gave her the opportunity to remove her sandals, which she did. After confirming she understood my instructions. I had her begin and observed the following:

  1. Unable to maintain balance during instructions.
  2. Stepped off-line on multiple steps, at one point losing balance and staggering to her left.
  3. Missed heel to toe, by 3 or more inches, on multiple steps.
  4. Improper turn. Turned wrong direction.

One Leg Stand
I placed Davis in the instructional position and provided her with instructions and a demonstration. After confirming that she understood my instructions, I had her begin, She initially put her foot down and I took that moment to remind her of the instructions and clarify. I observed the following:

She raised her left foot.

  1. Put foot down multiple times.
  2. Used arms for balance.

At one point she lost balance and staggered to her right. She also lost count.

I had Davis complete a preliminary breath test, as there was a slight crown to the roadway, and a relatively faint odor of an alcoholic beverage. The PBT indicated a BAC of .132, I placed Davis under arrest for DUI-Alcohol, based on the odor of alcoholic beverage, her admission to drinking prior to operating a moving motor-vehicle, her driving performance, and her performance on field sobriety tests. She was handcuffed behind her back, cuffs double-locked, and searched incident to arrest.

She was placed in the rear transport seat of my patrol vehicle. I started to read her Georgia’s implied consent notice and made the decision to request a breath test, as opposed to blood, so I stopped and I read her Miranda warnings.

After confirming she understood her warnings, I read her Georgia’s implied consent notice. She consented to a state administered breath test. I contacted her father using her cell phone, so he could take custody of the vehicle.

The vehicle was ultimately turned over and I transported Davis to the Coweta County Jail. Upon arrival at the jail she was searched and her handcuffs were removed. She was taken to the fingerprint room where she provided two breath samples in the intox9000, operated by DS C. Ricketson #160. She did voluntarily walk up to the machine and provide the samples.

The first sample indicated a BAC of .088. The second indicated a BAC of .084. A copy of the test results was provided to Davis and later placed in her property. She was cited for DUI-Alcohol and failure to maintain for her lane deviation on Raymond Hill Rd. She was issued a DDS 1205 and turned over to jail staff. BWC activated.