Emory Maxwell

Name:
Maxwell, Emory Gilmore

Date of Booking:
06/07/2026

Reason(s) For Booking:
DUI

ILLEGAL STOP/STAND/PARK WHERE PROHIBITED

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 06-07-26 and around 1929 hours a BOLO was issued to Clarkesville Police department for a possible DUI driver driving North on Washington Street, nearing the square, and running red lights. A 911 caller stated that they witnessed the vehicle, a Black Kia sedan, run the red light at Washington Street and Rocky Branch Road and continue North towards the square. Officer Cook began looking for the vehicle at that time.

While searching for the vehicle to check on the safety of its driving, the 911 caller alerted 911 that the vehicle had stopped in the road just in front of the HUSH restaurant, 1456 Washington Street. Officer Cook found the vehicle, a Black Kia K5 bearing GA tag [REDACTED], sitting in the road on Grant Street, just North of the intersection. Officer Cook pulled in behind the vehicle and put his patrol vehicle’s emergency equipment on-blue lights.

Officer Cook then got out of his patrol vehicle and approached the suspect vehicle. Officer Cook noted a male was in the driver’s seat and that his head was down. Cook also noted that there was a cell phone in the driver’s hand and it was open to the news. Officer Cook knocked on the driver’s side window and the driver looked up at Officer Cook. Officer Cook then asked the driver to roll down his window. The driver complied.

When speaking to the driver, Officer Cook advised the driver the reason for making contact with him, that he was parked in the road. The driver, identified as Emory Maxwell, stated that he just pulled to the side of the road to look for somewhere to eat. Emory showed Officer Cook his phone which was on a news page.

Officer Cook noted the strong odor of an alcoholic beverage coming from Mr. Maxwell’s mouth as he spoke. Officer Cook asked Mr. Maxwell if he had been drinking alcoholic beverages/ had been drinking, and Mr. Maxwell advised that he had; one beer. Officer Cook noted an open container, a 16 ounce Tumbler (travel mug), in the center console, and one in the door of the vehicle, and asked Mr. Maxwell if this was an open container of alcohol. Mr. Maxwell advised it was. Officer Cook asked Mr. Maxwell to turn his vehicle off and step out his vehicle. Mr. Maxwell complied.

When Mr. Maxwell got out of his vehicle, Officer Cook noted that he was very unsteady on his feet and had to use his vehicle to balance himself. Officer Cook asked Mr. Maxwell to walk to the back of his vehicle so that they could get of the road and Mr. Maxwell complied. Mr. Maxwell swayed and stumbled as he walked. Officer Gibson arrived on scene as backup at this time.

When Mr. Maxwell was at the back of his vehicle, Officer Cook went over the initial reasons for the contact, the third party complaint that he was running red lights (which officer Cook stated he could not ticket for), and that he was parked in the roadway. Officer Cook then advised that he detected the strong odor of an alcoholic beverage coming from his mouth/breath, and that he appeared to be confused. Mr. Maxwell then reiterated that he was trying to find a restaurant, but not the one he was parked near. Officer Cook reiterated that he saw open containers of alcohol in the vehicle, one in the cup holder and one in the door, and Mr. Maxwell agreed that they were open containers of alcohol.

Officer Cook asked Mr. Maxwell again what he had been drinking. Mr. Maxwell stated Vodka and Redbull. Officer Cook asked Mr. Maxwell how many he had drank and Mr. Maxwell advised 2. Officer Cook then asked Mr. Maxwell how big the drink was and Mr. Maxwell used his hands to show officer Cook how big the drinks were. The hand signs were deciphered as possible tall boy glasses, roughly 16 to 20 ounces.

Officer Cook asked Mr. Maxwell if he believed that it was a good idea to be drinking that much and then driving and Mr. Maxwell advised no, and explained that he was just diagnosed with a terminal illness and had less than 6 months to live. Mr. Maxwell advised that he had not been dealing with the news very well and that he knew he probably should have not driven.

Officer Cook noted that he had his hands in pockets. Officer Cook advised that he needed to pat Mr. Maxwell down for weapons and then asked Mr. Maxwell to turn around so he could pat him down. Officer Cook patted Mr. Maxwell down and found no weapons on his person.

Once patted down, Officer Cook then asked Mr. Maxwell if would do Field Sobriety Tests to check if he was safe to be driving. Mr. Maxwell stated if Officer Cook wanted him too. Mr. Maxwell then spoke of his wife’s illness as well and stated the he was also terminal and had less than a couple months to live. Officer Cook advised Mr. Maxwell that he was sorry for the bad news and what Mr. Maxwell was going through, but that he still needed to do his job and make sure Mr. Maxwell was safe to drive.

Mr. Maxwell stated that all he wanted to was just go home, and Officer Cook reminded Mr. Maxwell that he had a job to do, and that was help keep Mr. Maxwell and the other drivers safe. Officer Cook then asked. Maxwell again if he would go through Field Sobriety Testing and Mr. Maxwell advised that he would, and added that he knew he was “inebriated”.

Officer Cook then began to ask medical evaluation questions prior to conducting testing. When Officer Cook asked if Mr. Maxwell had any physical aliments that would prevent him from walking in a straight line or standing on one leg, and Mr. Maxwell advised that he did not. Officer Cook then asked Mr. Maxwell if he had ever suffered a head injury and Mr. Maxwell stated that he had, 2 months prior to the stop, and that he was hospitalized for it. Officer Cook asked Mr. Maxwell if he believed that would affect him enough to not be able to conduct testing on his eyes and Mr. Maxwell said probably not.

Horizontal Gaze Nystagmus

Officer Cook then began the Standard Field Sobriety Testing. Officer Cook directed Mr. Maxwell to stand straight, feet together and arms at his side. Officer Cook then stated for Mr. Maxwell to keep his head straight. Officer Cook showed Mr. Maxwell a white pen with an orange plunger (part of the pen to push to extract the ball of the pen) (stimulus) and asked Mr. Maxwell if he could see the plunger of the pen and asked Mr. Maxwell what color it was. Mr. Maxwell advised that he could and that it was orange. Officer Cook noted at that time that Mr. Maxwell’s pupils were the same size, restricted (pin-point), that his eyes were blood shot and watery, and that his eye-lids were drooping as if he was falling asleep.

Officer Cook then held the stimulus up, just above Mr. Maxwell’s eye level, and approximately 2-3 inches from his face, and then pulled it out to 6-7 inches from his face. Officer Cook then did two passes of Mr. Maxwell’s eyes (right to left) to check for equal tracking. Mr. Maxwell’s eyes were noted to track even. Next, Officer Cook did two more passes to check for lack of smooth pursuit. Officer Cook noted lack of smooth pursuit in both the right and left eye.

Officer Cook then check of the onset of nystagmus prior to 45 degrees. When checking, Officer Cook noted the onset of nystagmus prior to 45 degrees. Officer Cook then checked for nystagmus at maximum deviation. Upon checking, Officer Cook noted nystagmus at maximum deviation.

Mr. Maxwell was noted as swaying during testing, move his arms, and also turned his head to look at the stimulus. Officer Cook hand to instruct Mr. Maxwell to put his hands at his side and not move his head while conducting testing.

Walk and Turn

Officer Cook then asked Mr. Maxwell if he was okay to do the walk and turn. Mr. Maxwell advised he was. Officer Cook used a line on near the side of the road and advised Mr. Maxwell to step on the line and to place his right foot in front of his left foot, heel-to-toe, and to keep his arms at his side. Mr. Maxwell attempted to do such and could not get into the instructional stance properly. Mr. Maxwell did not touch heel-to-toe, and used his arms for balance, and almost toppled over. Officer Cook asked Mr. Maxwell to get back into the stance, and hold it, do not begin before instructed to do so, and listen to the instructions for testing.

Mr. Maxwell attempted again and Officer Cook began his instruction. Officer Cook demonstrated the testing by doing three heel-to toe steps, how to conduct a turn using a series of small steps, and then three more heel-to-toe steps. In the instructions Officer Cook stated for Mr. Maxwell to do 9 heel-to-steps. Officer Cook asked Mr. Maxwell if he understood, of which Mr. Maxwell stated that he did, and Officer instructed Mr. Maxwell to begin. (To note, Mr. Maxwell attempted to stay in the instructional stance but he could not as he was swaying and lost his balance.)

Mr. Maxwell attempted to do the testing, took two non-heel to toe-steps, and almost fell over, and apologized. Mr. Maxwell tried again, and got three steps, non-heel to toe steps, and almost fell over again, and said he was sorry. Mr. Maxwell attempted one more time and on this occasion, he almost fell again and then got frustrated and stated that he was inebriated.

Officer Cook asked Mr. Maxwell if he would like to try the one leg stand and Mr. Maxwell stated he would try. Officer Cook asked Mr. Maxwell if he thought he could do it, as he did want to see Mr. Maxwell fall and hurt himself. Mr. Maxwell stated he could do it. While setting up for the testing, Mr. Maxwell began the walk and turn test again, took one step and fell to his left. Officer Gibson had to catch Mr. Maxwell to help keep him from falling to the ground. Mr. Maxwell apologized again and reiterated that he was given a terminal diagnosis.

One Leg Stand

Due to Mr. Maxwell’s unsteadiness on his feet, to prevent Mr. Maxwell from injury, Officer Cook did not do the one leg stand test for safety purposes. Officer Cook did note Mr. Maxwell’s willingness to do the test.

PBT

Officer Cook asked Mr. Maxwell if he would blow into a PBT. Mr. Maxwell advised that he would. Mr. Maxwell attempted to blow into the PBT but was unsuccessful. The PBT read a E11 error for not having enough of a breath sample. Mr. Maxwell was allowed to try again, but was unsuccessful.

Arrest

After noting the clues on Mr. Maxwell’s intoxication, Officer Cook advised Mr. Maxwell that he was Under Arrest for DUI Less Safe. Officer Cook then read GA Implied Consent, from the GA green card, for suspects 21 years of age or older dated 12-31-24, and read for a state administered test of his blood. Mr. Maxwell consented to the test. Mr. Maxwell was handcuffed (in front for medical reasons), the cuffs were checked for fit and double locked, and he was placed in a patrol vehicle.

Officer Gibson called for a wrecker, Hulsey towing started on the way to pick up the vehicle. As officer Cook was speaking to Mr. Maxwell about the next procedures, and that he had to go to the hospital to get his blood drawn, Mr. Maxwell withdrew his consent so he could try and go home quicker. Officer Cook noted the refusal. Officer Cook then transported Mr. Maxwell to the Habersham County Detention Center and turned him over to the them for holding.

Mr. Maxwell was charged with:

1. DUI Less Safe/Refusal
2. Improper Parking

Mr. Maxwell was not cited for the open containers. Husley towing towed Mr. Maxwell’s vehicle.

[End of Narrative]