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1 following this caseName:
Waller, Nicholas Tyrone
Date of Booking:
08/31/2026
Reason(s) For Booking:
DUI-REFUSAL
SPEEDING IN EXCESS OF MAXIMUM LIMITS
EXPIRED DRIVER’S LICENSE
DUI- LESS SAFE- DRUGS
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 08/31/2026, at approximately 0754 hours, while patrolling the area of I-75 northbound near mile marker 186, I observed a blue Kia Seltos bearing Georgia license plate [REDACTED] traveling approximately 86 miles per hour in a posted 70-mile-per-hour speed zone. The vehicle’s speed was determined using a ProLaser, serial number LF25017. I activated my emergency lights and conducted a traffic stop near mile marker 187.
Upon approaching the vehicle, I made contact with the driver, identified as Mr. Nicholas Waller. I requested Mr. Waller’s driver’s license, which he provided. I then identified myself and informed Mr. Waller of the reason for the traffic stop. Mr. Waller stated he was unaware he was traveling that fast and explained that he was attempting to get to Cobb County, Georgia, as quickly as possible because his daughter was in some sort of trouble.
While speaking with Mr. Waller, I detected the odor of burnt marijuana emanating from inside the vehicle. I requested Mr. Waller exit the vehicle, to which he complied. At that time, I requested Corporal Pearson’s assistance with the traffic stop.
Upon Corporal Pearson’s arrival, we requested that Mr. Waller perform standardized field sobriety exercises, to which he consented. We then asked Mr. Waller if there was any marijuana inside the vehicle. Mr. Waller stated there was a marijuana cigarette inside the vehicle.
I began conducting the standardized field sobriety exercises with Mr. Waller, starting with the Horizontal Gaze Nystagmus (HGN) test. I asked Mr. Waller if he had any medical conditions that would prevent him from safely performing the test, to which he stated he did not. I then conducted the HGN test and observed six out of six clues.
The clues observed were as follows:
Lack of smooth pursuit, left eye.
Lack of smooth pursuit, right eye.
Distinct and sustained nystagmus at maximum deviation, left eye.
Distinct and sustained nystagmus at maximum deviation, right eye.
Onset of nystagmus prior to 45 degrees, left eye.
Onset of nystagmus prior to 45 degrees, right eye.
During the HGN test, I observed Mr. Waller fail to keep his head still on multiple occasions and continuously attempt to predict the movement of the stimulus with his eyes.
I then conducted the Walk-and-Turn test. I again asked Mr. Waller if he had any medical conditions that would prevent him from safely performing the test, to which he stated he did not. During the Walk-and-Turn test, I observed seven out of eight clues.
The clues observed were as follows:
Unable to maintain balance during instructions.
Starts before instructions are completed.
Stops walking to steady himself.
Does not touch heel-to-toe.
Steps off the line.
Turns incorrectly.
Takes an incorrect number of steps.
I then conducted the One-Leg Stand test. I again asked Mr. Waller if he had any medical conditions that would prevent him from safely performing the test, to which he stated he did not. During the test, I initially observed two out of five clues. However, due to Mr. Waller repeatedly dropping his foot and counting incorrectly, I was unable to fully complete the test due to safety concerns.
I then read Mr. Waller the Georgia Implied Consent Notice for persons age 21 or older and requested a blood sample. Mr. Waller initially consented to provide a blood sample. Mr. Waller was then placed in handcuffs behind his back. The handcuffs were checked for proper fit and secured, and Mr. Waller was placed in the rear of my patrol vehicle.
While awaiting tow service, I allowed Mr. Waller to make telephone calls to his wife and daughter to inform them of the situation.
After the vehicle was turned over to Buice Towing Service, I returned to Mr. Waller and asked if he still wished to provide a blood sample. Mr. Waller asked what the purpose of the blood sample was. I informed him that the purpose of the blood sample was to determine what substances were present in his system and the amount of those substances. Mr. Waller then stated he no longer wished to provide a blood sample and refused to submit to the requested chemical testing.
Mr. Waller was subsequently transported to the Monroe County Detention Center without incident.
Charges:
Speeding in excess of maximum limits
Expired driver’s license
Possession of marijuana
DUI – Less Safe (Drugs)
DUI – Implied Consent Refusal
[End of Narrative]
