Tara Daugherty

Name:
DAUGHERTY, TARA TOLBERT

Date of Booking:
11/5/2021

Reason(s) For Booking:
DUI ALCOHOL-LESS SAFE

OBEDIENCE TO REQUIRED TRAFFIC-CONTROL DEVICE

OPEN CONTAINER IN PASSENGER AREA OF VEHICLE IN OPERATION

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 Friday, 11/5/2021, at approximately 00:45, I was traveling west bound on GA-34, approaching the intersection of Shenandoah Blvd. As I approached the intersection, I observed a gray 2006 Toyota 4Runner stopped in the left turn lane with a red turn arrow. The vehicle was stopped passed the white stop bar and within the intersection.

I got behind the vehicle at the red traffic signal. The Toyota 4Runner was the only car stopped in the left turn lane. When the light turned green the driver took approximately eight seconds before moving to complete a U-turn and travel east on GA-34. There was no traffic to cause the vehicle to delay turning when the light turned green. When the vehicle turned it appeared as lithe driver was pumping the gas pedal as the vehicle stuttered through the turn.

I initiated a traffic stop and the vehicle pulled over in the right turn lane, the entrance of 1485 E Highway 34.

I approached the vehicle on the driver side and made contact with the driver, Tara Daugherty. I advised Daugherty that I observed her stop in the intersection and delay turning when the light turned green. I asked Daugherty to explain what was going on. Daugherty began rummaging through her purse that was sitting in the passenger seat as she explained she just moved here from Mississippi and she was just out getting donuts for her kids in the morning. She did not present anything from her purse, however, she picked up a box of QuikTrip donuts from the front passenger seat to show me. Daugherty apologized for stopping in the intersection and stated she did not know.

I requested her driver’s license and she began looking through her purse. I asked her if she really did not know she was not supposed to stop in the intersection at a red light. She appeared confused at the concept of stopping at the white stop bar and stated in Mississippi it is “so different.” She continued to look through her purse and hoodie and could not find her license. She advised she has a copy of her license on her phone and asked if that would work. I told her that would be acceptable.

As she began looking at her phone, she asked if I stopped her because she didn’t make a correct turn. I explained to her with a visual drawing the concept of stopping at the white stop bar at an intersection. She said she needed to watch videos because Mississippi is not as complicated. She began attempting to use her phone again and fumbled her hands dropping the phone floorboard, although she was using both hands.

While talking to Daugherty I observed her eyes were bloodshot and watery. She appeared confused at basic traffic laws and had fumbly fingers. I asked Daugherty if he had consumed any alcohol and she said no. I asked if she takes any medications and she advised she takes Prozac. Without being asked, she began explaining the she just found out her daughter has Dyslexia and her son is “ODD.”

She was still scanning her phone without locating a picture of her driver’s license. I asked her name and she stated, “Tara,” and spelled it “Tara”. I asked her last name and she said “Daugherty.” I asked her to spell it and she spelled it “Daughey”. She then provided her birthday.

I returned to my patrol car to check her in the NCIC/GCIC database. I recognized the registered owner of the vehicle was [REDACTED]. I realized Tara Daugherty spelled her own last name wrong. I located Tara Daugherty in the NCIC/GCIC database and found she was issued Georgia driver’s license on [REDACTED BY AGENCY] and her Mississippi driver’s license had expired on [REDACTED BY AGENCY].

I returned back to Daugherty’s door and observed her eating the donuts she stated were purchased for her children. Based on my observations at this point in the traffic stop I wanted to ensure Daugherty was not impaired. I asked her to exit the vehicle. When Daugherty exited the vehicle she appeared unsteady on her feet. She swayed causing her back to lean against the vehicle. I asked Daugherty to step to the rear of her vehicle.

I had Daugherty stand at the rear of her vehicle while I prepared my patrol car to conduct standardized field sobriety tests by de-activing my patrol car’s flashing lights.

I asked Daugherty again if she had consumed any alcohol this night and she stated she had not. I asked if she takes any medications and she stated she had taken Klonopin. She advised she is prescribed to take two .5 mg pills a day, but she had only taken one. She advised the last time she took the medication was approximately 21:30.

I advised Daugherty she spelled her name wrong earlier and she acted surprised.

I asked if she would be willing to conduct standardized field sobriety tests, so I could ensure she was safe to drive, and she agreed. Daugherty was a 33 year old female, approximately 5’4″, and approximately 140 lbs. She wore a hoodie sweatshirt, pants with holes in the knees, and moccasin style shoes.

Daugherty stated she has no pre-existing medical conditions. Daugherty was wearing glasses at the time of the stop. I asked if they were for near sighted or far sighted. Daugherty explained they were for both but they were not bifocal. She stated the doctor told her “they’ve never seen anything like this,” so the lenses “kind of change.” I asked her if she has a difficult time seeing things further away or seeing up close, and she stated she usually wears them when she wants to see things up close. She stated she was not diagnosed with an eye disease. Daugherty stated she was not wearing contacts.

Daugherty’s pupils were equal size and of appropriate size for the light conditions. Her eyes appeared bloodshot and watery. I did not observe resting nystagmus.

I first performed the horizontal gaze nystagmus exam 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. Additionally, I observed vertical nystagmus.

It should be noted during the HGN exam, Daugherty was swaying. While preforming the HGN exam, I had Daugherty stand with her back to traffic and facing the closed businesses to prevent any interference with the exam.

Prior to performing the Walk-And-Turn and One-Leg Stand tests, I evaluated the surrounding environment and confirmed the asphalt surface was hard, level, dry, and non-slippery. There was sufficient light around the test area to allow Daugherty to use nearby objects as a frame of reference for balance.

Immediately preceding each test, I demonstrated the test in accordance with NHTSA standards and practice. During the test I observed Daugherty from a safe distance and remained as motionless as possible throughout each test.

I initially began the Walk-And-Turn on the roadway, between my patrol car and Daugherty’s vehicle. While giving the instructions, I observed Daugherty was unable to maintain balance in the starting position. Prior to finishing the instructions Daugherty began attempting the test without being told to. I had previously told her not to do anything unless told to do so.

Daugherty was laughing and appeared excited. She stated she started early because she was “pumped.” I told her to return to the starting position. As she returned to the starting position she stated she felt the roadway was not level. Based on her believing the roadway was not flat I moved the test location to the parking lot entrance of Popeye’s. As we moved to the parking lot location Daugherty was laughing stating she was so clumsy. When we moved to the parking lot area, Daugherty agreed this area looked flat to her.

I started the Walk-And-Turn test from the beginning at the second location.

Upon observing Daugherty perform the Walk-And-Turn standardized exam, I observe six clues. The six clues I observed were: Daugherty was unable to maintain balance in the starting position, she started too soon, stepped off the line, missed heel-to-toe, took the incorrect number of steps and completed an improper turn.

While in the starting position Daugherty continuously moved her feet around, out of the starting position, in attempt to maintain balance. Daugherty started the test as I was finishing my instructions without being told to begin. When Daugherty took her initial steps, of the first nine, she stepped off the line by bringing her heels to the side of her planted foot’s toes. On her ninth step, of the initial nine, she missed heel to toe. She took a tenth step, on the initial nine, although she stopped counting at nine. She completed an improper turn by pivoting around on the balls of her feet and brought her feet together side by side.

Upon observing Daugherty perform the One-Leg Stand exam, I observed three clues. The three clues I observed were: Daugherty put her foot down, raised her arms for balance, and hopped.

Daugherty initially raised her left foot. After approximately six seconds she hopped and put her foot down. I told her to continue and she asked if she could try with the other leg which I told her was allowed. Daugherty immediately put her foot down without any passage of time and stated she couldn’t do it with that leg. She went back to raising her left foot and tapped it off the ground twice almost immediately after attempting to raise it. She then raised her left leg again for a moment as time had expired.

While conducting the standardized field sobriety tests I began observing the faint odor of an alcoholic beverage coming from Daugherty’s breath.

After completing the tests I asked her again when she took the Klonopin. This time she stated she took it right when she left to pick up the wings, approximately thirty minutes prior. I asked Daugherty again if she had any alcohol tonight and stated she had one glass of wine before she left. I asked Daugherty to take a preliminary breath test and she agreed. The PBT indicated a BrAC of 0.197g.

Daugherty had previously stated she is staying at hotel in Newnan, as they search for a home to live in. Daugherty stated she is staying at the Quality Inn behind the Texas Roadhouse. Daugherty stated that is where she was currently going. The Quality Inn at the described location is located west of the traffic stop location which meant Daugherty U-turned to go the wrong direction.

Based on the totality of circumstances I determined Daugherty was impaired by the alcohol she had consumed making her less safe to operate a motor vehicle on the roadway.

I advised Daugherty she was under arrest for driving under the influence of alcohol. I secured her with handcuffs without incident.

I read verbatim the Georgia Implied Consent Notice for suspects over the age of 21 from my issued green card. I requested Daugherty provide a state administered chemical test of her breath. Daugherty initially consented and then stated she had just given a breath test with the PBT. I advised her that was not a state administered chemical test and was not admissible in court. She asked what she blew on the PBT and I advised her that I would withhold that information because it was not admissible in court. She advised she wanted to refuse the official test at the jail.

I searched Daugherty’s person and secured her in the rear passenger seat of my patrol car. I advised her she could call her husband to pick up the vehicle.

I searched the driver’s reach area of the vehicle. I located sealed bottle of Capriccio Sangria in a plastic bag on the passenger seat floorboard. I located a nearly empty Steel Reserve – Hard Pineapple 24 oz. can tucked under the front of the seat. The can still contained some beverage.

[REDACTED] came to the scene and took possession of the vehicle. I transported Tara Daugherty to Coweta County Jail. Upon arrival, Daugherty was monitored in booking while I applied for a blood search warrant.

Judge Jim Stripling reviewed my application for a blood search warrant requesting a sample of Tara Daugherty’s blood. Judge Stripling approved my application and signed blood search warrant number: 21-SW-000403.

I returned to booking to meet with Daugherty. I was informed she had removed her pants, exposing her butt, while laying down in the holding cell with other inmates. Detention Officer Moore went into the holding cell and had Daugherty put her pants on properly and brought her out to me.

I transported Daugherty to Coweta County Fire Station 1 to conduct the blood draw. Prior to taking the blood sample, Daugherty was provided a copy of the blood search warrant. Paramedic [REDACTED] completed the blood draw and sealed the GBI blood test kit.

After the blood draw, I returned Daugherty to Coweta County Jail. She was booked into jail on citation for running a red light, DUI – Alcohol – Less Safe, and having an open container in the passenger compartment of her vehicle.

I completed a DDS 1205 form and served Daugherty notice of her pending suspension for refusing to submit to a state administered chemical test of her breath. I was unable to seize her driver’s license because it was not on her person at the time of arrest.

A copy of the citations, blood search warrant, and DDS 1205 form were put in with her property. Prior to the end of my tour of duty I properly logged and packaged the GBI blood test kit into Property and Evidence.

The evidence was secured in P&E locker #:007.