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Name:
Hardaway, Tony Bernard
Date of Booking:
05/01/2026
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 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 Wednesday, November 26, 2025, I, Ofc. N. Tarbunas, responded to the area of [80 BLOCK] Martin Luther King Drive to assist with a traffic stop per the request of Ofc. Lyles. Upon my arrival, Ofc. Lyles advised he believed the driver, later identified as Tony Hardaway, to be under the influence as he failed to maintain lane halfway up MLK Drive, almost striking several mailboxes. Due to this information, I continued further investigation.
I made contact with Hardaway, the driver of a silver in color Nissan Altima, who was swaying in front of Ofc. Lyles patrol vehicle while standing in one place with his arms by his side. Additionally, I observed Hardaway to have blood shot, watery eyes, with the odor of alcohol emitting from his person. When asked Haraway how much he had to drink, he advised he had one beer about an hour ago while he was cooking his Thanksgiving dinner and that he was just taking his son home.
I then asked Hardaway if he would be willing to consent to Standardized Field SobrietyTesting to which he agreed. I walked Hardaway over to the front bumper of my patrol vehicle and instructed him to sit down on the front bar as he was taller than me and this would assist me during my investigation. I had to advised Hardaway to sit down multiple times before he finally followed instructions.
I then placed Hardaway in the starting position for the Horizontal Gaze Nystagmus portion of the Standardized Field Sobriety Testing. I ensured Hardaway understood he was supposed to follow my finger with his eyes and his eyes only, not to move his head. Hardaway stated he understood after multiple attempts at instruction as he was not answering the question. Hardaway eventually advised he understood.
After having to ask Hardaway multiple times if he was looking at my finger as he appeared to be looking past me, not following my finger a single time, I reread the instructions. Hardaway again advised that he understood. I began testing and Hardaway again looked past me, not following my finger as instructed. After continuing this for several minutes, I made the decision to move forward with testing without completing HGN.
Due to the downhill incline of the area and not wanting to place Hardaway in the middle of the roadway for the walk and turn or one leg stand, I made the decision to ask Hardaway if he would be willing to provide a preliminary breath sample utilizing my portable breath tester, to which he agreed. After multiple attempts to advised Hardaway to blow out rather than suck in, Hardaway provided an adequate breath sample, which resulted in a positive indication for alcohol, showing a Breath Alcohol Content (BrAC) of .199.
At this time, I advised Hardaway he was under arrest for driving under the influence of alcohol. Hardaway was then handcuffed behind the back, double locked, and checked for proper fitness. Hardaway was searched by Ofc. Lyles incident to arrest and placed in the backseat of my patrol car. During Ofc. Lyles search, Hardaway stated “I love you” to both myself and Ofc. Lyles.
I then read Hardaway implied consent for suspects ages 21 and over. I requested a breath sample to which Hardaway refused. I then requested a blood sample to which Hardaway agreed. Due to Hardaways size and the manner in which he placed himself in the backseat of my patrol car, I was unable to buckle him in for transport.
Hardaway was then transported to Fire Station 1 on Turkey Creek for a blood draw. Hardaway informed the EMT’s that he loved them both as well. Upon completion of the blood draw, Hardaway was placed back in the backseat of my patrol car for transport the Coweta County Jail for booking.
Once Hardaway was turned over to jail staff, I searched the rear seat for any contraband which nothing was to be located. The blood draw kit was entered into GBI and placed into evidence for delivery to the crime lab.
[End of Narrative]
