Johnston, Mark Laney
Date of Booking:
Reason(s) For Booking:
Driving Under Influence of Alcohol
FAIL TO YIELD RIGHT OF WAY
[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 September 4, 2022 (Sunday) at approximately 6:03 Pfc Stallings was en route to relieve Lt. Smith who was at a traffic signal that was inoperative. Lt. Smith was in the central turn lane of the intersection (Turner McCall at E. 8th St.) of the non working traffic signal. Lt. Smith had his blue lights on to alert motorists that the light was out and to treat it as a four way stop.
Pfc Stallings observed a black Hyundai Sonata bearing Georgia License plate [REDACTED] in the inside lane. Pfc Stallings saw this vehicle saw this vehicle go through the intersection failing to slow or stop. Pfc Stallings then initiated a traffic stop on the vehicle using his emergency lights and siren. The vehicle came to a stop on the shoulder of Turner McCall just before the E 12th Bridge. Pfc Stallings then made contact with the driver who identified himself as Mark Johnston. Pfc Stallings advised me that he could smell an odor of an alcoholic beverage when Johnston rolled down his window. He observed glassy eyes, slurred speech and Johnston had a credit card in his hand to give Pfc Stallings as a Driver’s License. Pfc Stallings asked him why he didn’t stop at the intersection or slow down when he passed the blue lights on the Lieutenant’s car and Johnston said he never saw blue lights.
I had heard the traffic stop over the radio and went en route to the area to either assist Pfc Stallings or relieve Lt. Smith. Pfc Stallings then requested me to the traffic stop and I continued to his location. Upon arriving he informed me of his above observations. I then went to the vehicle and spoke with Johnston. I asked him where he was headed and he said home. I asked him where he was coming from and he glanced around the front of his car for a minute then grabbed a piece of paper and handed it to me. It was an advertisement for cigarettes. I asked him if he was buying cigarettes and he said yes. I could also smell an odor of an alcoholic beverage coming from his breath. I asked him if he had anything to drink this morning and he said yes, I asked when was the last time he had something to drink and he said 3 a.m. He could not remember what he had to drink.
At this point I asked him to step out of the vehicle so I could do some field tests. I advised him they were voluntary and asked if he was fine with doing them. He said he was fine with them. As he got out of the vehicle he used the door to steady himself and was shaky on his feet. He had his right foot wrapped in Ace bandage and advised me that he had broke his foot a couple weeks ago. He was not wearing a shoe on that foot. I asked him if was ok with walking to the front of my vehicle and he said yes.
I gave instructions on the Horizontal Gaze Nystagmus test. Johnston advised he understood my instructions and during the testing I observed the following:
-Equal tracking in both eyes.
-Equal pupil size.
-Lack of smooth pursuit present in both eyes.
-Distinct and sustained Nystagmus at maximum deviation present in both eyes.
-Onset of Nystagmus prior to 45 degrees present in both eyes.
During the test Johnston moved his head several times and had to be reminded several times to follow with his eyes only. Upon starting the Vertical test, Johnston said he just couldn’t do the Vertical test. He said his eyes couldn’t go up and down like that.
The result of this test displayed 6 of the 6 possible clues.
I then advised Johnston that the next two tests were involving his legs and feet and asked him if he thought he could do them due to his broken foot. I had him leaning against the bumper of my vehicle due to the fact that he was trying not to put any weight on that foot. Several times he moved away from the bumper and then swayed hard as if losing his balance and I would guide him back to the bumper. Johnston said he could do the tests, he said he could hop or do something but he was fine with doing the tests. I decided to not do the walk and turn and one leg stand because Johnston was having such a hard time with his balance and the pain he said he had in his broken foot, I feared him falling and causing injury to himself.
I then asked him for a breath sample and he agreed. I retrieved my issued PBT (Intoxilyzer 500 SN: 85879) out of my vehicle. Johnston gave me a sample that showed positive for alcohol (.239).
I placed Johnston under arrest for DUI. I then read him implied consent for age 21 and over, card DDS-354 and asked for his breath and he refused. Johnston requested we find his phone and call his mom to come get his car. We did look in his car for the phone but could not find it. I searched Johnston incident to arrest and he did not have his phone on him. Pfc Stallings used his own phone then and Johnston gave him his mother’s number to call. His mother did not answer the phone. We then asked Johnston if he had anyone else he wanted to come get the car and he said no. Our on call wrecker, Floyd County, was notified and came and picked up the vehicle.
I transported Johnston to the Floyd County Jail where he was booked on citations. Johnston advised me at the jail that he had broke his three toes at a pool several weeks ago. Later he told deputies that he broke his foot while drunk at a restaurant. When in the Sally port attempting to enter the jail, Johnston said he was in so much pain he could not walk, I gave him time to move as slowly as he needed but he said he couldn’t. I then asked the deputies to bring a wheelchair out for him. Once in the jail he was able to get out and stand and even did a small dance for one of the deputies.
Johnston was served with an ALS form and refused to sign it. I explained I was serving him with a suspension notice and just needed him to sign that he was getting a copy. He refused. I notated this on the form. His driver’s license will be sent in with the form.
Backseat was checked before and after transport.
[End of Narrative]