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Name:
Harvey, Demarcus Lamar
Date of Booking:
05/01/2026
Reason(s) For Booking:
IMPROPER LANE USAGE
OPEN CONTAINER
DUI – DRIVING UNDER THE INFLUENCE OF ALCOHOL – CONCENTRATION IS 0.08G OR MORE WI
PROBATION VIOLATION (ORIG: DUI, IMPEEDING THE FLOW OF TRAFFIC)
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 April 30, 2026, I Deputy Restivo responded to a traffic stop that was performed by Cpl. James. Cpl. James stated that she had stopped the vehicle due to it being all over the road and crossing the yellow lines.
Once I arrived on scene the driver of the vehicle was identified as Demarcus Harvey. While speaking to him, it was observed that a strong odor of alcoholic beverage was coming from him. Demarcus was in handcuffs, I read him his Maranda rights and he agreed to talk. I asked him how much had to drink he stated with a strong slurred speech “not much”.
I asked Demarcus where he was going and he stated he was going home, I then asked where he was coming from, he stated home. I asked him how he was coming from home and going home. I told him that statement did not make sense. He then stated he was supposed to work but he was coming from home. He then stated he did do shit wrong, that his license was good and he did not break any law.
I informed him his license in fact was not good. Demarcus stated he had a permit to drive. I then told him his permit did not cover him driving from home to home. He then stated he was coming from work. In which I told him it didn’t make sense either because the company he stated he worked for was closed for a few hours. He then stated he worked overnight normally. (Later at the jail he stated he had to be at work by 0900 hours.).
I then asked if he would perform standardized field sobriety testing which he stated he would. While he walked to the front of my patrol car I observed a very unsteady walk. Once at the patrol car his handcuffs were removed.
It was observed that Demarcus had bloodshot, watery eyes and slurred speech When asked, Demarcus admitted to drinking. Before beginning the test, Demarcus was asked if he had any medical problems and he replied that he did not.
Horizontal Gaze Nystagmus Test
Prior to attempting this test, Demarcus indicated he did not have any medical problems that would have prevented him from performing the test. It was determined that he was not wearing contacts. His eyes were checked and they displayed equal tracking and his pupils were equal sizes. He was instructed to follow the stimulus with his eyes only, keeping his head still. After stating that he understood the instructions, Demarcus attempted this test. No resting nystagmus was observed. The results of this test displayed 6 of the 6 possible clues.
A lack of smooth pursuit in the left eye. A lack of smooth pursuit in the right eye. A distinct and sustained nystagmus in the left eye at maximum deviation. A distinct and sustained nystagmus in the right eye at maximum deviation. An onset of nystagmus in the left eye prior to 45 degrees. An onset of nystagmus in the right eye prior to 45 degrees.
As I was setting him up for the walk and turn, he stated he was going to call his baby momma and began to walk off. At that point I placed him under arrest for DUI. He was handcuffed behind his back, they were checked for proper fit and double locked. I then confirmed his age being over 21. I then read him Georgis implied consent notice of suspect age 21 and over. He agreed to breath. I then transported him to the Newton County Detention Center.
Once at the jail I secured my duty weapon in my patrol car. And stated the Intox machine. I am certified to operate it. After he gave his breath samples the machine had an error of the breath values being more than 0.020 different. I informed Demarcus that I needed him to do it again and he refused at that time.
He was turned over to the on duty jail staff, he was issued citations and and a 1205 form for the refusal.
[End of Narrative]