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Name:
De La Cruz Martinez, Simao
Date of Booking:
05/10/2026
Reason(s) For Booking:
DUI ALCOHOL 0.02 GR UNDER 21 YOA
DEFECTIVE EQUIPMENT
INSTRUCTION PERMITS, PROVISIONAL & TEMPORARY LICENSES
Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]
On 05/10/2026 at approximately 1320 hours, I D/S N. Wheat, initiated a traffic stop at Bullsboro Dr at Farmer St on a 2015 Chevrolet Silverado bearing GA tag [REDACTED] for his top brake light not illuminating as he stepped on the brake.
While performing my duties in a marked patrol vehicle and in uniform, I observed a Chevrolet Silverado traveling north on Jefferson St. I was traveling behind it and as we came to a sharp curve, I observed the driver press on the brake and the top brake light did not illuminate with the other two brake lights. I got behind the vehicle and initiated a traffic stop at Bullsboro Dr and Farmer St. by turning on my blue lights and siren.
The vehicle pulled into Tacos Mi Veracruz on Bullsboro Dr. I approached the driver side of the vehicle and advised the driver, later identified as Simao De La Cruz Martinez, of who I was and the reason for he stop. It was very apparent as I was explaining that there was going to be a language barrier.
I also immediately detected a strong odor of a fruity alcoholic beverage coming from the vehicle and his breath. I noticed that his eyes were red and glassy. I explained to the best of my ability about the brake light and then decided to show him. I asked him to step out of the vehicle and I asked if I could press on his brake to show him the light and I did. After that I asked him if he had any cerveza’s today and he stated no.
I then got to my vehicle and retrieved my phone to use Google translate. I asked him if he had any alcohol today and he stated that he had a Margarita about 3 hours prior. I then asked him if I could check his eyes to make sure that he is good to drive and he agreed. I continued to use the translate app to explain the instructions for HGN and confirmed that he understood the instructions. I held my finger in front of his eyes approximately 12-15 inches, slightly above eye level, to make sure that he could see the stimuli and confirmed that his pupils were equal size and that he did not have resting nystagmus.
Horizontal Gaze Nystagmus (6/6)
I checked and confirmed that he had equal tracking. I checked and observed the lack of smooth pursuit in both eyes. I then checked and observed distinct and sustained nystagmus at maximum deviation in both eyes. I checked and observed the onset of nystagmus prior to 45 degrees in both eyes as well. I did not observe vertical nystagmus.
I confirmed that Simao did not have contacts in and that he had not had any diagnosed previous injuries to his head. Simao stated that he played baseball and that he did not know about head injuries. He stated that he played in Mexico and did not know. I asked if he took any medications and he stated he did not.
Due to the language barrier and not being able to confirm all of the instructions for the walk and turn or one leg stand would be correct through a translator app, I did not perform the walk and turn or one leg stand.
Portable Breath Test (0.022)
I asked if he would perform a portable breath test and he agreed. We performed a PBT and the result showed positive for alcohol with a readout of 0.022.
I then went back to my patrol vehicle to check his driver’s license and confirmed he was the registered owner and had a class CP license. Simao was driving after midnight which violated his permit.
Arrest
I then advised Simao that he was being placed under arrest for driving under the influence and placed him in handcuffs, checked them for fit, and double locked them.
Implied Consent Notice for Suspects Under Age of 21
I confirmed earlier that Simao was 18 years of age. I called the language line to translate the implied consent notice to Simao and asked for the state administered chemical test of his blood. Simao agreed.
I conducted a search incident to arrest and did not locate any open containers. After speaking with Simao, he did not have any one who could pick up his truck and requested that we leave it at the restaurant. I advised him that we could not promise that it would not get towed but he wanted to leave it anyway.
Sgt. Thompson parked the vehicle in the spot and I then transported Simao to the Coweta County Jail and turned him over to the jail staff for the intake process. After the intake process, I walked Simao to the Intoxilyzer 9000 machine and we performed the test. The result showed 0.020 BrAC for the first sample and 0.018 BrAC for the second sample. The result was 0.018 BrAC.
I turned Simao over to the jail staff and wrote him three citations. One for Driving while under the influence of alcohol less safe, one for violation of his permit, and one for defective equipment.
[End of Narrative]