Brian Cortes

Name:
Cortes, Brian

Date of Booking:
08/13/2026

Reason(s) For Booking:
AFFIXING MATERIALS THAT REDUCE OR INCREASE LIGHT TRANSMISSION/REFLECTANCE OF WINDOWS/WINDSHIELDS

POSSESSION AND USE OF DRUG RELATED OBJECTS

DUI-REFUSAL

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 Thursday, August 13, 2026, at approximately 0957 hrs, I Deputy Sullivan was patrolling the area of GA 401 southbound near mile marker 191 when I observed a black pickup truck with dark window tint on the windows, as well as front windshield. I moved onto the roadway and got behind the vehicle (1987 Nissan D21 GA license plate: [REDACTED]), and activated my emergency equipment in order to initiate a traffic stop.

The vehicle was already traveling in the right lane and slowly stopped on the right shoulder of GA 401 near mile marker 190. I exited my vehicle and could smell a strong odor of marijuana coming from the vehicle. I made a driver side approach making contact with the driver and sole occupant of the vehicle Brian Cortes. As I approached the vehicle, Cortes quickly drinking out of a can. As I came into contact with Cortes I observed him chewing and grimacing. I observed small pieces of marijuana leaves and stems in his beard.

I instructed Cortes to spit out what was in his mouth, Cortes instead swallowed the marijuana which he initially denied, but ultimately admitted to. I placed Cortes in handcuff’s, double locked, behind his back, and secured him in my patrol car while I searched his vehicle. I found four pink and purple sealable labeled bags containing pieces of marijuana, as well as a clear plastic bag, and a rolled and marijuana cigarette. I also used my issued tint meter to measure the tint on the front driver window at 4%.

I returned to Cortes and advised him of his Miranda warning, and asked when he smoked last. Cortes advised he smoked marijuana approximately 2 hours before the stop, at his home in Palmetto GA, before traveling South for work. Cortes advised there was a joint in his truck. I asked Cortes if he would be willing to perform standardized field sobriety test, to which he agreed.

Cortes advised he had issues with his neck and back, and had previously had metal in one of his eyes. I gave Cortes instructions and began the first test, the horizontal gaze nystagmus. During the performance of the test I observed lack of smooth pursuit, and distinct and sustained nystagmus, in both eyes.

During the next test, lack of convergence, I observed Cortes left eye drift outward, displaying a lack of convergence as my finger moved close to his face.

I began to give instructions for the modified romberg balance test, and Cortes became contfrontational stating that I was going to use his eye movements against him. Cortes did not comply for the test. I read Cortes implied consent notice for suspected over the age of 21 (green card) and asked for the testing of his blood to which he denied consent.

I secured Cortes in my patrol vehicle and Comer’s towing was called and towed the vehicle. I transported Cortes to the Monroe County Jail where he was turned over to jail staff. I served Cortes with an ALS form and issued him citations for dui refusal, possession and use of drug related objects, and window tint.

My patrol vehicle was searched before and after arrest.

[End of Narrative]