Michael Hembree

Name:
Hembree, Michael Russell Williams

Date of Booking:
12/03/2021

Reason(s) For Booking:
SPEEDING IN EXCESS OF MAXIMUM LIMITS (STATE SPEED AND ZONE LIMITS)

DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL

WINDOW TINT VIOLATION

Officer’s Narrative:
[Please note: The following is a direct transcription from the officer’s narrative report. We do not fix any spelling or grammatical errors. Any changes made by our staff are placed inside brackets. Some errors may exist.]

On December 3, 2021 at approximately 2214 hours, I was stationary in the parking lot of Mike Reed Chevrolet facing GA 38. I was pointing my laser out of my driver’s window. I observed a red Lincoln MKZ (SC tag: [REDACTED]) traveling eastbound on GA 38 (near Holiday Inn), in the inside lane of travel, approach my location at a high rate of speed. Speed verified by Laser #11132 at 62 mph in a posted 45 mph zone. A traffic stop was initiated on the vehicle, with the vehicle stopping in the parking lot of Parker’s (58 Old Sunbury Road).

Upon approaching the vehicle, I requested a driver’s license and insurance card for the vehicle from the driver. I explained the reason for the traffic stop to the driver. While standing at the driver’s window, I observed the odor of an alcoholic beverage emitting from within the vehicle. I also observed the driver’s eyes to be glassy and he appeared to be under the influence. The driver presented a South Carolina driver’s license. I asked the driver if he had consumed any alcoholic beverages and he stated no. I had the driver exit the vehicle at this time.

Upon arriving near the front of my patrol vehicle, I returned to my patrol vehicle briefly while the driver stood by. I turned off my front emergency lights and moved my patrol vehicle back. I then reapproached the driver of the vehicle and began speaking with him.

While speaking with the driver, I observed the odor of an alcoholic beverage emitting from within his breath. I asked the driver, identified as Mr. Hembree, if he would participate in field sobriety tests and he stated yes.

The following exercises were performed on scene. Lighting conditions consisted of headlights, spotlight, and gas station lights (from under gas pumps). The exercise surface was flat, smooth, and dry. Each exercise was explained and appropriately demonstrated prior to having the driver perform. The driver provided an affirmative response that he understood each exercise before beginning.

Horizontal Gaze Nystagmus

1) Lack of smooth pursuit
2) Distinct Nystagmus at maximum deviation
3) Onset of Nystagmus prior to 45 degrees

One Leg Stand (raised left foot)

1) Placed foot down

Walk and Turn

1) Can’t balance during instructions
2) Missed heel to toe (1st set of nine steps he missed step 3)
3) Improper turn (did not leave front foot in place)

Deputy Davis arrived on scene and asked the driver if he would submit a breath sample on his PBT (Portable Breathalyzer Test) and he stated yes. This was administered by Deputy Davis. The result was .176.

Based on my observations, the driver (Mr. Hembree) was placed under arrest for driving under the influence of alcohol. The driver was placed in double-locked handcuffs which were checked for fit. He was searched incident to arrest and no contraband or weapons were found. He was placed in the rear seat of my patrol vehicle for transport. The rear seat of my patrol vehicle was searched after my last transport and no contraband was found. He was read the Georgia implied consent notice for suspects age 21 or over, from my green implied consent card on scene. Mr. Hembree verbally refused to submit to a chemical test of his breath.

Deputy Davis searched the vehicle incident to arrest and did not locate any open containers of alcoholic beverages.

Mr. Hembree was transported to the Liberty County Detention Center for further processing. An inventory was conducted of the vehicle by Deputy Davis. The vehicle was then towed by the next list wrecker service, Liberty Towing II. I searched the rear seat of my patrol vehicle after transport, and no contraband was found. Mr. Hembree was cited for driving under the influence of alcohol refusal, speeding, and window tint violation. He was also given a DDS 1205 form.