Name:
Moore, Dushawn Ameen
Date of Booking:
04/17/2023
Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL – CONCENTRATION IS 0.08G OR MORE WITHIN 3 HRS OR MORE
SUSPENDED REGISTRATION
SPEEDING
ENDANGERING A CHILD BY DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
ENDANGERING A CHILD BY DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS
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 the listed date and time, I was traveling south on Ga Hwy 119 approaching the city of Guyton. At approximately 18:17 hours I checked a small red SUV traveling north on Ga Hwy 119, near Hidden Creek Drive, at 62 mph in a 45 mph zone. After the violator passed my patrol unit I activated my rear radar antenna and checked the vehicle still traveling 62 mph.
I conducted a u-turn and pursued the vehicle northbound on Ga Hwy 119. I caught up to the vehicle and activated me emergency lights to initiate a traffic stop near Carlson Riggs Funeral Home. The vehicle is described as a red Nissan Rogue with a Ga registration of [REDACTED]. I entered the vehicle registration in the GCIC system and received an alert that the vehicle’s registration was suspended.
I approached the vehicle and asked the driver for his license. While obtaining his license he asked me if I could tell him why he was being stopped. I advised him that he was traveling 62 in a 45 and that I wasn’t going to stop him, but he continued to maintain the speed without slowing down. I asked the driver where he was headed to and he advised home in Rincon. I asked where he was coming from and he advised he was picking up his kids.
Along with the driver was a middle school age male in the front passenger seat and a young elementary age female in the back left seat. The driver produced his Georgia drivers license identifying him as Dushawn Moore. I introduced myself to Mr. Moore and then asked if he had anything to drink this date, after detecting the odor of alcoholic beverage from his vehicle. Mr Moore stated he had one drink earlier. I asked Mr. Moore to step to the rear of his vehicle to isolate the odor and check to make sure he was safe to drive.
I began asking Mr. Moore a few questions about the registration and if he would like me to conduct an accuracy check on the radar as we stepped to the rear of his vehicle. Mr. Moore stated his wife handled all the registration stuff and that he would like me to conduct the check on the radar. I asked him how much he had to drink on this date. Mr. Moore stated he had one beer at about 2 or 3 this date, it was assumed he was referring to p.m.. Mr. Moore would explain when asked, that it was a regular size beer and it was a Bud Light.
I placed Mr. Moore in position for a battery of field sobriety tests. Mr. Moore was wearing what appeared to be prescription eye wear, so I asked if he could see without the glasses on. Moore stated not really but agreed that he could see my finger in front of his face as I was holding it in position to perform a HGN test.
I instructed Moore to remove his glasses and while holding my finger in position as a stimulus, touched the tip of it and asked could he see it. Moore stated that he could. I instructed Mr Moore on the HGN test and asked if he understood the instructions given, to which he replied yes. As I began the initial observations of Mr Moore’s eyes, I detected resting Nystagmus that prompted me to ask Mr Moore if he had any type of brain injury. Mr Moore stated he did not have a brain injury but he had been tased a couple times by law enforcement. He explained that he suffers from schizophrenia.
Based on the information he provided, I did not believe Mr. Moore had any injury that would prevent him from being able to complete the HGN test. I observed a lack of smooth pursuit, Nystagmus at maximum deviation and the on-set of Nystagmus prior to maximum deviation for a total of six clues on the HGN test.
The location where I performed the HGN test was on a sloping shoulder with a negative super elevation, which prevented me from conducting the balance portions of the field sobriety tests. The roadside traffic as also heavy preventing me from conducting the test on the roadway for safety reasons.
I obtained a portable alco-sensor from my patrol unit and explained the test to Mr. Moore. He originally stated he didn’t believe the units were accurate, but then decided that he would take it. Mr. Moore provided a valid breath sample testing positive (0.189) for mouth alcohol. I asked Mr. Moore to hang out by his vehicle. I returned to my unit and requested assistance at my stop based on Mr. Moore having some mental issues that might come forth if he was arrested.
I conducted the accuracy check on the radar unit and checked the registration status on the vehicle while awaiting another unit. The radar test was successfully completed and I was able to determine the registration on the vehicle was suspended for an insurance lapse. The registration was suspended on 08/19/2022.
Upon the arrival of another deputy, I approached Mr. Moore and advised him he was being placed under arrest. Mr. Moore was placed in handcuffs without incident. I asked Mr. Moore about a solution for getting the kids home and he sated he could call their aunt in Guyton because his wife had surgery and was home in bed.
I advised Mr. Moore that I needed to read him something and he advised me that he already knew his Miranda Rights. I explained it wasn’t his rights and advised him to listen carefully. I read Mr. Moore the Georgia Implied Consent Notice for suspects age 21 and over. I requested he take the state administered test of his breath. Mr. Moore advised me he needed a minute to think about the test because he believed they are inaccurate. After a brief moment he provided me with a verbal response of yes to take the state breath test.
We made contact with the family member and requested her assistance. She advised she would come take possession of the vehicle and the kids. I conducted a search of Mr. Moore prior to placing him in my patrol unit. In his front left pocket I located a round white pill that he identified as an Oxycontin pill for his wife. Mr. Moore stated he has been administering her medication for her and forgot it was there.
Based on this information, I was inclined to believe he was in possession of it by mistake and elected not to pursue a charge for that medication at this time. The item will be turned over to evidence for safe keeping.
Mr. Moore was placed in the rear seat of my patrol unit for transport to the jail. Mr. Moore was transported to the Effingham County Jail. Upon arrival at the jail, I administered the Intox 9000 test on Mr. Moore. He registered a 0.199 BrAC and was provided a copy of the test results.
Mr. Moore then stated he wanted a blood test and I advised him he had that right but he would be transported to the hospital for the test and be responsible for the cost of those tests. He elected not to request an additional test.
Mr. Moore was charged with Driving Under the Influence (alcohol over .08), Suspended Registration, Speeding (62/45), and two counts of Endangering a child under 14 while DUI. Mr. Moore was remanded to the jail staff for processing.
[End of Narrative]