Austin Heath

Name:
Heath, Austin Robert

Date of Booking:
05/30/2026

Reason(s) For Booking:
FAILURE TO MAINTAIN LANE

DUI

POSSESSION OF OPEN ALCOHOL CONTAINER

FAILURE TO SIGNAL/IMPROPER SIGNAL

POSSESSION LESS THAN 1 OZ MARIJUANA

FOLLOWING TOO CLOSELY

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 05/29/2026, at approximately 2330 hours, I, Officer Campbell #220, while patrolling the area of GA 385 near Ethicon, observed a gray Nissan Versa bearing GA Tag [REDACTED] weaving within its lane. I continued to follow the vehicle and observed it riding the yellow center line and then drifting back over to the white fog line.

As we approached the J. Warren intersection, I observed the vehicle following the vehicle in front of it too closely. The vehicle nearly struck the vehicle in front of it near RaceTrac as that vehicle entered the turning lane to turn left onto Cannon Bridge Road. I also observed that no turn signal was used when entering the turning lane; however, the turn signal was activated after the vehicle had already entered the lane.

I then activated my emergency blue lights to conduct a traffic stop. The vehicle pulled into the Valero Gas Station. I exited my patrol vehicle and approached the driver’s side window, where I made contact with the driver, identified as Austin Heath. I requested Heath’s driver’s license, which he provided. I advised Heath that the reason for the stop was weaving within his lane, following too closely, and failing to use a turn signal prior to entering the turn lane.

I asked Heath if he had consumed any alcoholic beverages, and he stated, “No, sir.” I observed that Heath had bloodshot, watery eyes. I also detected a strong odor of cologne coming from inside the vehicle, as if it had recently been sprayed. I asked Heath where he was coming from, and he stated Texas Longhorns. He then stated that he had just left Longhorns.

I asked Heath to step out of the vehicle and walk to the rear of his vehicle. While conducting a patdown for weapons, I observed Heath swaying back and forth.

I then returned to my patrol vehicle and ran Heath’s information through GCIC. Afterward, I exited my patrol vehicle and advised Heath that I had concerns regarding his ability to safely operate a motor vehicle. I asked if I could check his eyes, and he consented.

I asked Heath if he wore glasses or contacts, and he stated that he normally wears contacts but was not wearing them at the time. I asked if he had any head or neck injuries, and he stated that he had been involved in a motor vehicle accident approximately two to three weeks prior. He advised that he had been evaluated at the hospital following the accident. I then asked if he had any neck or back injuries, and he stated that he had a back injury and had two rods in his lower back.

I asked if he had any leg injuries, and he stated only injuries from wrestling in the past. I then asked if there was any reason he could not walk in a straight line, and he replied, “I don’t see why not.” HGN (Horizontal Gaze Nystagmus): During the HGN evaluation, I observed 6 of 6 clues. I observed 2 of 2 clues for Lack of Smooth Pursuit, 2 of 2 clues for Distinct and Sustained Nystagmus at Maximum Deviation, and 2 of 2 clues for Onset of Nystagmus Prior to 45 Degrees.

WAT (Walk and Turn): During the Walk and Turn evaluation, I observed 3 of 8 clues. During the walking phase, Heath missed heel-to-toe, stepped off the line, and made an improper turn. Additionally, Heath failed to remain in the starting position as instructed. Heath also stated that I had instructed him to look down the line rather than at his feet.

Prior to the One Leg Stand evaluation, Heath stated that the test was going to hurt his back. OLS (One Leg Stand): During the One Leg Stand evaluation, I observed 3 of 4 clues. Specifically, Heath swayed while balancing, used his arms for balance, and put his foot down.

I then retrieved the Preliminary Breath Test (PBT) device from the rear of my patrol vehicle. As I was explaining to Heath that the mouthpiece had not previously been opened, Heath stated that he was not going to take the test. I then returned the PBT device to my patrol vehicle. I then walked back to Heath and instructed him to place his hands behind his back. Heath was placed in double handcuffs, checked for proper fit, and double-locked. Heath was then secured in the rear seat of my patrol vehicle.

I read Georgia’s Implied Consent Notice for suspects age 21 or older. I then asked Heath if he would submit to the state-administered chemical test of his blood, and he verbally responded, “No, sir.” I requested a county unit with a larger rear-seat area due to Heath being over six feet tall and unable to comfortably sit in the rear of my patrol vehicle. I was advised that county units were tied up on other calls. Officer Fusco #906 with the Alto Police Department advised that he could respond and transport Heath, as his patrol vehicle had a larger rear seating area.

Officer Swinehart and Officer Schoenholz conducted an inventory search of the vehicle. During the search, marijuana, a THC vape pen, and a grinder were located inside the vehicle. Heath’s vehicle was subsequently towed by Cantrell’s Towing.

Officer Fusco arrived on scene and transported Heath to the Habersham County Jail, where he was turned over to jail staff without further incident.

Citations were issued for Failure to Maintain Lane, DUI Refusal, Following Too Closely, Failure to Use Turn Signal, Open Container, and Possession of Marijuana.

[End of Narrative]