HICKS, CYNTHIA LASHAWN
Date of Booking:
Reason(s) For Booking:
FAILURE TO MAINTAIN LANE
DRIVING UNDER THE INFLUENCE OF DRUGS/ALCOHOL
[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, May 21st, 2022 at approximately 0205 hours, I, Cpl. Blake Connally, initiated a traffic stop on a red in color, 2018 Dodge Journey (Al Tag:[REDACTED BY AGENCY]) for Failure to Maintain Lane.
While on patrol in the area of Broadway and 9th Street, I observed the vehicle stopped for the red traffic signal in the southbound lane of Broadway at 9th St. The light then turned green, however the vehicle did not move. The vehicle stayed stopped for the duration of the green light cycle. The vehicle stopped behind the Dodge Journey did honk their horn in attempts to get them to move. Once the vehicle honked the horn, the traffic signal was starting to begin its process to turn back to red. At that point the Dodge Journey began to move forward slightly as if it was going to proceed through the red light. It then stopped in the middle of the pedestrian crosswalk.
After noticing this behavior, I pulled into the line of vehicles in order to observe the Dodge Journey. Once the light turned green again, the vehicle turned left and began traveling eastbound on 9th Street. I then began following the vehicle. While following the vehicle, I observed it swerve left and right inside its lane of travel. It eventually swerved to the far right side of the lane, which is marked out for parking spaces, and continued to travel in that area until we reached Veterans Parkway. Based on the driving behaviors I had observed from this vehicle, I decided to initiate a traffic stop at the intersection of 9th Street and Veterans Parkway. The vehicle pulled over in the front entrance of Ptap (839 Veterans Pkwy).
I then made contact with the driver, Ms. Cynthia Hicks. I asked Ms. Hicks for her driver’s license, at which time she provided it to me. Ms. Hicks also held up a debit card as if she was trying to give it to me as well, thinking it was her driver’s license. Ms. Hicks held her debit card up for the majority of my initial interaction with her. I then asked Ms. Hicks where she was coming from. She advised me that she was coming from downtown at a birthday party and was heading home.
At that point it did sound like Ms. Hicks’ speech was slurred and I could detect the odor of an unknown alcoholic beverage coming from Ms. Hicks’ person. Based on all circumstances, I asked Ms. Hicks if she had been drinking at the party she advised me she just left from. Ms. Hicks then replied with “Well we were at a party.” I then asked her again if she had been drinking and she replied “no.” I then advised her the reason I was asking was due to her sitting through the entire green light cycle of the traffic light at Broadway and 9th street and then she started moving once the light turned red. I also advised her that I observed her swerving in her lane of travel and that the area she was driving in had been designated for parking spaces, so she wasn’t actually in her lane.
In response to this Ms. Hicks stated “Leaving out of Downtown where we was at a birthday party.” I then stated “Okay.” At that time Ms. Hicks stated “Giving a nurse a to go away party, that’s all.” I then asked her again if she had been drinking at the party. Ms. Hicks then stated “I mean we were drinking, but I mean it wasn’t anything like that. We were just giving a nurse a to go away party.” I then asked Ms. Hicks if she would be willing to exit her vehicle and perform standardized field sobriety tests (SFSTs), so that I could ensure she was safe to drive. Ms. Hicks then advised me that she would perform the SFSTs. The results are as follows:
Horizontal Gaze Nystagmus (HGN)
I gave Ms. Hicks the instructions for this test and she advised that she understood what I was asking her to do. While performing the tests, I did observe lack of smooth pursuit in both eyes. I also observed Onset of Nystagmus prior to 45 degrees and distinct and sustained Nystagmus at maximum deviation in her left eye. I was unable to determine if there was onset of Nystagmus prior to 45 degrees and distinct and sustained Nystagmus at maximum deviation in her right eye due to the fact that Ms. Hicks would not stop turning her head while I was trying to test that eye. I observed a total of 4 out of 6 possible clues.
Walk and and Turn Test.
I advised Ms. Hicks to get into the starting position, which I demonstrated. While she was in the position I instructed her, as well as demonstrated, on how to perform this test. Ms. Hicks advised that she understood the instructions. I then advised Ms. Hicks that she could begin the test.
When Ms. Hicks began, I noticed that she was not taking heel-to-toe steps. She was taking wide steps with a substantial gap in-between her feet. At the end of Ms. Hicks’ first 9 steps, she did not turn as I had instructed her to. She also stopped completely. She then asked me if she was supposed to keep going, at which time I told her to perform the test exactly as I had instructed her to do. At that time Ms. Hicks began walking again. During this set of 9 steps, Ms. Hicks continued to leave large gaps in her steps and not walk heel-to-toe. She also stepped off line once. I observed 3 out of 8 possible clues.
I gave Ms. Hicks the instructions to this test and she advised that she understood what I was asking her to do. While performing this test, Ms. Hicks placed her foot down 5 different times. Since Ms. Hicks was unable to keep her foot up, she was unable to complete the test.
I then asked Ms. Hicks if she would consent to a field breath test. She advised that she would take it. After Ms. Hicks provided a breath sample into the Alco-sensor, it indicated that her breath tested positive for alcohol (BrAC of .146.).
At that time I placed Ms. Hicks under arrest and placed her in the back of my patrol car. I then read Ms. Hicks Implied Consent from my issued Implied Consent Card and asked for a sample of her breath. Ms. Hicks advised that she would submit to the state administered test of her breath.
Before leaving the scene, several individuals pulled up on scene in attempts to assist Ms. Hicks. I asked Ms. Hicks if she would like one of the individuals to take possession of her vehicle, if they were able to, so that we would not have to tow it. Ms. Hicks advised me that she would rather her husband come get the vehicle, so I retrieved her phone from her vehicle and allowed her to call her husband. Ms. Hicks’ husband advised that he would head to the jail to bond her out, however he did not have anyone to help him come get the vehicle since it was in the middle of the night.
Ms. Hicks then advised that a male on scene, identified as Mr. [REDACTED], could take her vehicle. Ms. Hicks did advise me that she had money and other items in the vehicle that she did not want to come up missing. I advised her multiple times that if she would tell me where those items were, I would retrieve them for her and she could take them with her to the jail, however she advised me to just leave them in the vehicle. I then checked Mr. [REDACTED] through GCIC to verify that he had a valid license. The vehicle was then turned over to Mr. [REDACTED].
I then transported Ms. Hicks to the Muscogee County Jail. While at the jail, I conducted the INTOX-9000 test on Ms. Hicks. The test revealed that Ms. Hicks had a measured BrAC of .136. I then completed the DDS 1205 form and provided Ms. Hicks with the 45 day, temporary driving permit and confiscated her license. Ms. Hicks was charged and cited for DUI and Failure to Maintain Lane. Ms. Hicks was then turned over to the booking staff without incident.
I then mailed Ms. Hicks’ driver’s license along with a copy of the DDS 1205 form to the Department of Driver’s Services.
Case Cleared by Arrest.