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Name:
Hernandez-Niniz, Francisco Javier
Date of Booking:
05/16/2026
Reason(s) For Booking:
IMPROPER USE OF CENTRAL TURN LANE
FAILURE TO HAVE LICENSE ON PERSON
DRIVING WHILE UNLICENSED
FAILURE TO MAINTAIN LANE
DUI / ALCOHOL / 0.08 GRAMS OR MORE 21 YOA OR OVER
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 05/16/2026 at approximately 0211 hours, I, Ofc. Schoenholz, was patrolling in the area of North Main Street and Pine Street when I observed a Ford Explorer (GA tag [REDACTED]) traveling northbound on North Main Street. The vehicle was driving on the double yellow centerline with its left turn signal activated. The Explorer then entered the center turn lane and continued traveling within the lane at a very low speed (approximately 5 mph) while repeatedly applying its brakes.
Based on my training, knowledge, and experience, slow speed, failure to maintain lane, and constant braking are recognized indicators of possible impairment. I activated my emergency lights to initiate a traffic stop. The driver complied, and the vehicle came to a stop at La Texanita (533 N Main St).
Upon making contact with the driver, later identified as Francisco Javier Hernandez Niniz, I detected the odor of an alcoholic beverage emitting from his breath. His face appeared to be covered in a film of sweat, and his speech was slurred. When asked if he had a driver’s license, he stated that he did not. When asked where he was coming from, he stated he was coming from a Mexican party. When asked how much he had to drink, he initially stated none. He later told Sgt. Ridley that he had consumed approximately six beers.
I asked Hernandez to step out of the vehicle and walk to the rear so that Standardized Field Sobriety Tests could be conducted. While standing outside the vehicle, I continued to detect the odor of an alcoholic beverage emitting from his breath. I asked Hernandez if he wore contact lenses or glasses or if he had suffered any recent head trauma. He stated that he did not. I also asked if he had any neck, back, or leg injuries that would prevent him from performing the evaluations, and he stated that he did not.
I began the Standardized Field Sobriety Tests with the Horizontal Gaze Nystagmus (HGN) test. Hernandez was instructed to stand with his feet together and his hands at his sides, keep his head still, and follow the stimulus with his eyes only. I ensured he understood the instructions prior to beginning. The stimulus was held approximately 12 to 15 inches from his face and slightly above eye level. I observed equal pupil size and equal tracking.
During the HGN evaluation, the following clues were observed in both eyes:
Lack of smooth pursuit
Distinct and sustained nystagmus at maximum deviation
Onset of nystagmus prior to 45 degrees
Hernandez had to be instructed multiple times to keep his head still and follow the stimulus with his eyes only. Due to his inability to keep his head still, he was instructed to hold his head in place with his hands so the evaluation could be completed.
I then instructed Hernandez in Spanish on how to complete the Walk and Turn test and confirmed that he understood the instructions prior to beginning.
During the instructional phase, the following clues were observed:
Could not maintain balance
Began the test before instructed
Hernandez had difficulty assuming the starting position, and it took several minutes to complete the instructional phase.
During the walking phase, the following clues were observed:
Stopped while walking
Failed to touch heel-to-toe
Stepped off the line
Used arms for balance
Improper turn
Incorrect number of steps (13 steps forward; during the return, he stopped on the 7th step, walked backward, then resumed forward again for 7 additional steps)
I then instructed Hernandez in Spanish on how to complete the One Leg Stand test and confirmed that he understood the instructions.
During the One Leg Stand test, the following clues were observed:
Swayed while balancing
Used arms for balance
Put his foot down multiple times and failed to keep it raised
Note: Hernandez did not count out loud as instructed.
I asked Hernandez if he would consent to a Preliminary Breath Test (PBT), and he agreed. The PBT indicated a BAC of 0.229.
Hernandez was instructed to place his hands behind his back, and he was placed in handcuffs, which were checked for proper fit and double-locked. He was searched incident to arrest, and no contraband was found. He was then escorted to my patrol vehicle and placed in the right rear seat, where he was secured with a seatbelt.
The Implied Consent Notice for Suspects Age 21 or Over was read to Hernandez in both English and Spanish. He consented to a blood draw. Hernandez was transported to Habersham Medical Center, where his blood was drawn by hospital staff without incident. The GBI blood toxicology kit was submitted into evidence.
He was then transported to the Habersham County Detention Center and turned over to jail staff without further incident. I conducted a search of the rear passenger area of my patrol vehicle before and after transport, and no contraband was found. Hernandez’s vehicle was removed from the scene by Hulsey’s (list wrecker).
Francisco Javier Hernandez Niniz was cited for the following offenses:
Driving Under the Influence of Alcohol (O.C.G.A. 40-6-391)
Failure to Maintain Lane (O.C.G.A. 40-6-48)
Driving Without a Valid License (O.C.G.A. 40-5-20(a))
Improper Use of Center Turn Lane (O.C.G.A. 40-6-126)
Driving Without License on Person (O.C.G.A. 40-5-29)
[End of Narrative]