Duran, Margarita Clemente
Date of Booking:
Reason(s) For Booking:
FAILURE TO MAINTAIN LANE
DUI -DRIVING UNDER THE INFLUENCE OF ALCOHOL – CONCENTRATION IS 0.08G OR MORE WITHIN 3 HRS OR MORE
[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 09/14/2022 at approximately 0311 hours, I was on patrol in the area of Hwy 341 North Bound and Oak Grove Road about a traffic hazard called in to 911 involving a white vehicle with no headlights on in the right lane. While in the area I observed a white Ford sedan traveling North Bound towards McKenzie Drive failing to maintain lane.
I observed the vehicle travel over the center line a total of 3 times and observed the vehicle drive to the over the fog line and up onto the curb a total of 7 times before I activated my emergency equipment (lights and siren) and initiated a traffic stop on a white Ford Fusion, bearing Ga. tag [REDACTED BY AGENCY] The vehicle slowly still continued to the red light and then made a right hand turn into the parking lot of Satilla grocery.
Upon finally coming to a stop, approximately 2 minutes and 19 seconds after activating my emergency equipment, she stopped in the parking lot. I exited my vehicle and started to approach the vehicle and she accelerated away from officers again and pulled into a parking space roughly 20 feet away.
When I approached the driver door, I observed the vehicle was occupied by 1 Hispanic female subjects. I immediately checked to see if the vehicle was in park and removed the keys from the ignition and asked the driver to step out of the vehicle. I immediately detected an odor of an alcoholic beverage coming from the driver’s breath and noticed the driver’s eyes were glassy. I asked the driver for a license and she advised she did not have one, due to the language barrier I had Ofc. P. Garza #110 come to my location to help translate. Through Ofc. Garza’s help with translation the driver was identified as Margarita Duran and she advised she would perform field sobriety tests.
I asked the driver if she would perform a few field sobriety tests and she advised she would. I asked her if she any medical problems standing or walking and she advised no. I also asked if she had any medical problems with her eyes and she advised no, she was not wearing eye contacts. Before the eye test, I turned off the front flashing blue lights and had her turn away from the roadway so she could not see passing motorist.
The first test was the Horizontal Gaze Nystagmus eye test. She was not wearing eye glasses. She was instructed to stand with her feet together and place her hands down by her side and to stay in this position. I then held up my pen to use as the stimulus, which was held approximately 12 to 15 inches away from her face and slightly above eye level. I then advised her that I was going to make several passes in front of her face and to follow the top of my pen with her eyes only and to not turn her head. I then asked if she understood and she advised yes. I first checked for equal pupil size, which was detected. I then checked for resting nystagmus which was not detected. I then checked for equal tracking in both eyes starting with the subjects left eye and repeated this step.
I then checked for lack of smooth pursuit in both eyes starting with the subjects left eye and repeated this step. I then checked for distinct and sustained nystagmus at maximum deviation in both eyes starting with the subjects left eye and then repeated this step. I then checked for on set of nystagmus prior to 45 degrees in both eyes starting with the subjects left eye and repeated this step. I then checked for vertical gaze nystagmus which was not detected. During this test, I detected all possible six clues, lack of smooth pursuit in both eyes, distinct and sustained nystagmus at maximum deviation in both eyes and on set of nystagmus prior to 45 degrees in both eyes. Other cues of impairment, she was swaying from side to side and unsteady while standing with her feet together.
The second field test was the Walk and Turn. I first advised her to stand with her right foot in front of her left foot, touching heel to toe and place her hands down by her side. She was advised to stay in this position while I demonstrated and explained this test and to not start or begin until told, she acknowledged she understood. I advised her when instructed to take nine steps walking a straight line and touch heel to toe each step. I advised her on the ninth step to keep her front foot on the ground and make small turns until turned back around and then return nine steps touching heel to toe each step.
I also advised her during the test, to look down at her feet, count each step out loud, keep her hands down by her side and once she starts to not stop until the test is completed. I demonstrated the entire test and then asked if she understood or had any questions, she indicated she understood. I then advised her to begin the test. During this test the following clues were displayed.
0 of 2 possible clues.
4 of 6 possible clues:
Missed heel to toe
Stepped off line
Wrong number of steps
The next field test was the One Leg Stand. I advised her to stand with her feet together and place both hands down by her side while I explained and demonstrated the test. She was advised to not start the test until told to begin. She was advised to raise one foot approximately (6) inches off the ground while pointing her toe out, keeping foot flat and level with the ground. She was advised to count out loud by thousands until told to stop. She was advised during the test, to look down at her raised foot and to keep both hands down by her side. I then demonstrated how to perform this test and asked subject if she had any questions, she indicated she understood. She raised her left foot to start. While balancing the following clues were displayed.
BALANCE AND COUNTING STAGE:
2 of 4 possible clues:
PUT FOOT DOWN
The last field test was the field alco-sensor breath sample which was positive for the presence of alcohol. Duran advised officers she wanted to leave her vehicle secured on the property and leave her keys in the gas cap that way she could have a family member come retrieve the vehicle. At 0359 hours Duran was placed under arrest and read the Georgia Implied Consent Notice for suspects age 21 or over. She was asked if she would consent to the state administered chemical tests of her breath under the implied consent law, she indicated she would consent to the state tests.
She was transported to the Glynn County Detention Center for the state breath tests. When we arrived, I set up the Intoxilyzer 9000 serial number [REDACTED BY AGENCY]. When the machine was ready, she provided two proper breath samples that registered at 0.149 grams and 0.147 grams. After the state tests, she did not request any additional tests of her own. I provided Duran with copies of her citations: Failure to Maintain Lane [REDACTED BY AGENCY] and DUI [REDACTED BY AGENCY] and was also served with a copy of her Intox 9000 results. I released Duran to jail staff without incident. I uploaded all camera footage and also the Intox 9000 results to Evidence.com.
[End Of Narrative]