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Michael Thomas

Name:
Thomas, Michael Kyle

Date of Booking:
07/30/2023

Reason(s) For Booking:
Driving Under Influence of Alcohol

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 07-29-2023 at 23:30 hours while patrolling east on Rome Road I observed the listed BOLO intoxicated driver, driving the BOLO Chevy 1500 silver in color traveling west on Rome Road passing the Cavespring city limits sign.

I turned around on Rome Road in an effort to catch the listed vehicle. Upon coming to the traffic in Cavespring at Rome Rd and Old Cedartown Road I conducted a traffic stop on the listed BOLO vehicle on Love Street. While speaking with the listed driver and asking the driver for his drivers license and proof of insurance I observed what I believed to be a strong odor of alcoholic beverage coming from inside the vehicle.

The driver was asked if he had been drinking at which time he advised yes around 6:00 pm on 07/29/2023. While speaking with the driver I also observed the drivers bloodshot eyes. At that time the listed driver was asked to do field sobriety which the driver advised yes at that time the listed driver was removed from the vehicle.

Upon checking the listed vehicle’s registration and insurance through Floyd County 911 it returned valid through Georgia.

While still on scene and speaking with the driver out the vehicle the driver was asked again when the last time he had anything to drink, the driver stated around 6 or 630 pm on 07/29/2023.

While speaking to the driver about an earlier incident that took place at the Sunoco Gas Station where the offender and his girlfriend got into a verbal argument in the listed BOLO vehicle. The offender stated he would rather not comment but then said they were arguing so she got out of the vehicle and he left his girlfriend at the gas station headed back to the bike rally.

While still on scene and speaking with the listed driver, the driver was asked again when the last drink he had was which the driver stated that the last drink he had was around 630 pm on 07/29/2023. At that time the listed driver was ask to provide a breath test using intoximeter no. 131936. After numerous attempts by the offender to provided a positive breath sample (BAC) of 0.160 was provide at the time of the traffic stop.

But however stated he was coming from the bike rally on Davis Road headed to his friends house on Mill Street but then said Park Street.

I began Field Sobriety Test with feet side by side, arms out head back eyes closed and count 30 silently on his own. I observed the offender start counting out loud then started counting silently passed 30 more like 35 while swaying backwards.

I then continued with the One Leg Stand Test. During this test the offender used his arms for balance. Put his foot down, swayed and hopped to his right before testing began. Again giving instruction to the offender on the One Leg Stand Test for the second time. I observed the offender to be unbalanced swaying side to side rasing his arms more the 6 inches from his waist.

I then continued with the Walk and Turn Test. During this test I observed the offender use his arms to balance, step off the line, miss heel to toe steps, make an improper turn, again miss heel to toe steps. And was not following the instructions before test was even.

After all test were given another breath sample was provided by the listed driver again using intoximeter no. 131936 . Which resulted in a breath sample (BAC) of 0.160.

While speaking to the offender, asked what the deal was with his girlfriend, I advised the offender that she called because you put her out at the gas station and left her. The offender stated that she was the one driving and she stop the truck and got out saying “f*ck it she was done” so the offender stated what was he suppose to do so he left her at the gas station.

The offender then advised he has just got his licence back in May 2023 that he would not be out drinking and driving but however stated he went back to the bike rally to see his dad but his dad had already left headed home when he got there and was coming back from the bike rally on Davis Road headed to his friends house on Park Street then said Mill Street but then said Park Street.

Based on my observation I placed the offender under arrest. I read him the Georgia Implied Consent Notice for suspects age 21 and over. I asked for a State Administered Test of his blood. The offender gave a definite answer yes.

At that time the listed offender was advised he was under arrest for driving under the influence of alcohol.

I placed the offender under arrest. I placed the offender in handcuffs which were checked for fit and double locked. The offender was then searched and no contraband or weapons were found. Prior to placing the offender in the back of my patrol vehicle I searched my back seat for contraband and weapons and nothing was found. I then placed the offender into the back seat of my patrol vehicle. I then transported the offender to Redmond Hospital for blood draw.

While transporting the offender to Redmond Hospital the offender began making insulting remarks.

While the offender was still consenting to blood test tho while at hospital and giving the offender over 35 minutes to speak with his lawyer by phone around midnight and with no contact the offender became hateful, defiant to medical staff and argumentative yelling and cussing making insulting remarks and using profanity to myself to delay the blood draw process.

The offender was then removed from the hospital as I took this as a refusal to the State Administered Test of his blood and was then taken to the Floyd County Jail as a refusal due to him giving the runaround and delaying the process due to his defiant insulting nature while at the hospital. The offender was then transported to the Floyd County Jail and turned over detention personnel.

And again while at the Floyd County Jail the offender continued with his argumentative yelling and making insulting remarks and using profanity to myself.

Transcend body cam video of the traffic stop will be add to this case file.

The listed vehicle was parked on Broad Street, keys to the vehicle were left under the drivers floor with driver door unlocked as asked by the listed offender before leaving.

[End of Narrative]

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