Palmer, Mikel L
Date of Booking:
Reason(s) For Booking:
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL
FAILURE TO MAINTAIN LANE
[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 Saturday, June 12, 2022, at approximately 0120 hours, Lt Nadeau contacted me to assist him, where he believed the driver of a vehicle was under the influence. I arrived on the scene and asked Lt Nadeau what he observed while the vehicle was on the roadway. Lt Nadeau stated he was traveling north on Hwy 17, just south of mile marker two. He stated he observed a gold Chevy Impala with a Georgia license plate display of [REDACTED] traveling just ahead of him on Hwy 17. He stated the vehicle was going 40 mph in a posted 55 mph zone. Lt. Nadeau also stated the car failed to maintain its lane by going over the yellow center divider and the white fog line. He stated the vehicle was also weaving over the roadway.
Lt. Nadeau conducted a traffic stop on the vehicle using his emergency lights and sirens. The vehicle came to a stop on Hwy 17 just south of MM 2. He conducted a driver’s side approach to the vehicle. He identified himself and advised the driver of the reason for the traffic stop. He stated he requested the driver of the vehicle to display his driver’s license. The driver was identified as Mr. Palmer by his Georgia driver’s license. As Lt. Nadeau was talking to the driver, he could smell the strong odor of an alcoholic beverage emitting from Mr. Palmer’s vehicle.
I arrived on the scene and asked Mr. Palmer to come to the front of my patrol car. I observed he was hesitant and unsteady on his feet. Mr. Palmer had glossy watery eyes, and his pupils were significantly dilated. When Mr. Palmer arrived at the front of my patrol, he kept trying to lean against the front push bumper to steady himself. I asked Mr. Palmer if he had consumed any alcoholic beverages tonight, and he said no. As I talked to Mr. Palmer, I could smell a strong odor of alcoholic beverage emitting from his breath. I explained to him that I could smell the odor emitting from his breath and asked him again if he had consumed any alcoholic beverages, and he stated he had one 12-ounce Budlight beer at approximately 0000 hours. I asked Mr. Palmer if he had taken any Prescription medication or illegal narcotics due to his pupils being extremely dilated, and he stated no.
I asked Mr. Palmer if he would participate in Standardized Field Sobriety Test to ensure he was safe to operate a motor vehicle, and he stated, “yes.”
Horizontal Gaze Nystagmus (explained): I observed a lack of smooth pursuit. I did not observe any other clues due to being unable to administer the test correctly. Mr. Palmer moved his head from side to side after being instructed to keep it still and follow the stimulus with his eyes and eyes only. Mr. Palmer would also not follow my stimulus all the way out to maximum deviation. I observed a total of two out of six clues. Ms. Palmer was swaying while conducting the evaluation.
Walk and Turn (explained and demonstrated): Instruction Stage: Lost balance. Walking Stage (1st Nine): Missed heel to toe on steps, 1,3, 5, 7, and 8. He used his arms to balance on steps 1,3,5,7, and 8, conducted an improper turn, took a total of 10 steps, and stopped on step 10, waiting for directions. Walking Stage (2nd Nine): Missed heel to toe on steps, 1,2,5,7, and 9. He fell offline on steps 2,3, and 7 and used his arms to balance on steps 1-9. I observed a total of 7 out of eight clues.
One Leg Stand (explained and demonstrated): Mr. Palmer was swaying significantly. He put his foot down three times, was hopping, and used his arms to balance. I chose to terminate the test regarding Mr. Palmer’s safety. I observed a total of four out of four clues. Mr. Palmer raised his foot approximately 1 inch off the ground and his foot was not parallel to the ground. He used his right hand to attempt to hold his leg up.
I used my Department-issued PRELIMINARY BREATH TEST (Alco-Sensor FST) device to see if Mr. Palmer had a positive reading for ethyl alcohol on his breath. Mr. Palmer agreed to give a breath sample using the (PBT). I could not retrieve a sample due to Mr. Palmer not exhaling in the device. He kept inhaling, causing the device not to obtain a reading. Mr. Palmer made numerous attempts at it.
Based on my observations and the admission of alcohol consumption before driving, I placed Mr. Palmer under arrest in double-locked handcuffs, which were checked for fit. I searched him incident to arrest with no contraband found. I escorted him to my patrol vehicle’s rear passenger’s side and placed him in the back seat. The rear seat of my patrol vehicle was searched prior to the beginning of my shift, with no contraband found. I read Mr. Palmer Georgia Implied Consent Notice for Suspects Age 21 or over from my green implied consent card on scene. Mr. Palmer provided a verbal “yes” to the state administered test of his breath.
I searched the vehicle incident to DUI arrest (wingspan) no open containers were found. I located some green leafy residue on the front driver’s floor of the vehicle.
I allowed Mr. Palmer the opportunity to have someone retrieve his vehicle. The vehicle was turned over to Ms. [REDACTED], who had a valid Georgia driver’s license OLN#([REDACTED])
I transported Mr. Palmer to Liberty County Jail for the state-administered test of his breath. Upon arriving at the jail at 0210 hours, I administered the Intoxilyzer 9000 SN# 90-000716 at 0220 hours. Mr. Palmer provided two breath samples (.057 grams and .059 grams).
Mr. Palmer was turned over to jail staff without incident. He was issued two citations:
- Driving under the influence of alcohol.
- Failure to maintain lane.