Garrett, Dustin Cody
Date of Booking:
Reason(s) For Booking:
DUI – DRUGS LESS SAFE
NO LICENSE ON PERSON
FAILURE TO OBEY TRAFFIC CONTROL DEVICE
[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.]
I responded to a traffic accident report with injuries at the intersection of Highway 113 and Marquette Road.
Upon my arrival, I met with Officer Ours (witness and first responder), of the Cartersville Police Department. Ofc. Ours stated that when he approached the white Colorado and spoke to the driver Dustin Garrett (offender). Ofc. Ours stated that the driver was very lethargic (slow movements) and was slow to respond to his questions.
Ofc. Ours also stated that once Garrett got out of the vehicle he was swaying and unable to keep balance. I then approached Garrett, I identified myself and asked if he needed any medical assistance. Garrett stated that he was fine and had no medical concerns at this time.
I Observed that Garrett was unable to stand directly on his own without swaying and was consistently relying on a pole to help keep balance. Talking with Garrett, I observed that his right and left eye pupils were constricted and very glossy and slight redness to them.
I also was able to detect the odor of Marijuana emitting from his person. I asked Garrett if he had been taking any prescribed medications and Garrett stated that he was taking Suboxone. Due to my knowledge, training, and experiences I was familiar that Suboxone is for treatment to decrease the severity of withdrawal symptoms and reduce a patient’s dependence of Opiod use.
I asked Garrett if he had been taking any narcotics, Marijuana, or illegal drugs. Garrett stated “no” and that he has only taken his Suboxone, and it only helps him stay calm. Garrett stated that he had been clean and hadn’t done any controlled substance drugs in a long time and that he would be willing to do a field sobriety test to prove it.
I then took Garrett over to the front of my patrol car to begin sobriety testing. I requested Garrett stand with his feet together and arms down by his side. I began to examine his eyes to check for any obvious medical problems.
Horizontal Gaze Nystagmus Test
Prior to attempting this test, Garrett indicated he did not have any medical problems that would have prevented him from performing the test. Garrett’s hat was removed for my observations to be more precise. His eyes were checked, and they displayed equal tracking and his pupils were equal sizes.
Garrett was instructed to follow the stimulus with his eyes only, keeping his head still. After stating that he understood the instructions, Garrett attempted this test. No resting nystagmus was observed. The results of this test displayed 4 of the 6 possible clues.
– lack of smooth pursuit was observed in the left eye.
– lack of smooth pursuit was observed in the right eye.
– distinct and sustained Nystagmus was present in the left eye at maximum deviation.
– distinct and sustained Nystagmus was present in the right eye at maximum deviation.
– onset of Nystagmus was not observed in the left eye prior to 45 degrees.
– onset of Nystagmus was not observed in the right eye prior to 45 degrees.
The test did not reveal the presence of vertical Nystagmus.
Note – During this test, Garrett was swaying back and forth and unable to stand still as requested. Also Garrett was reminded to follow with his eyes only, because multiple times he kept moving his head to follow the stimulus even after telling me that he understood the previous instruction not to move his head.
Walk and Turn Test
Prior to attempting this test, Garrett indicated he did not have any medical problems that would have prevented him from performing the test. Garrett was instructed to put his left foot on the line and his right foot in front of it with his right heel touching the toe of his left foot.
He was instructed to stand in this manner with his hands to his sides until the test instructions were completed and the test demonstrated. Garrett was instructed not to begin the test until told to start. He was instructed to take nine steps along the line in a heel-to-toe manner.
After the ninth step, he was to stop and turn around keeping his lead foot on the ground, taking several small steps with the other foot to turn around. After turning around, he was to take nine steps in a heel-to-toe manner back along the line, in the direction he had come from.
Garrett was further instructed to watch his feet at all times while walking, keep his arms down to his side, and to count his steps out loud. After the test was demonstrated, Garrett stated that he understood the instructions and was instructed to begin the test.
The results of this test displayed 5 of the 8 possible clues:
He was unable to maintain his balance in the instructed position. He did not start the test too soon. On the first set of steps, he stepped off the line on step 3 of 9, but took 9 of 9 steps. He did not touch heel-to-toe on steps 3, 8, & 9.
He turned improperly and not as instructed. He stopped walking to check instruction. On the second set of steps, he correctly took 9 steps of 9 steps. He did not step off the line. He did raise his arms for balance. He also did not count his steps out loud as instructed.
One Leg Stand Test
Prior to attempting this test, Garrett indicated he did not have any medical problems that would have prevented him from performing the test. Garrett was instructed to stand with his feet together and arms at his sides during the test. Garrett was asked not to begin the test until instructed.
He was instructed to raise the leg of his choice approximately 6 inches and point his toe parallel off the ground. While holding that position, he was to keep his leg straight and count out loud starting at one thousand one, one thousand two, one thousand three, … and so forth until instructed to stop (after 30 seconds).
The test was demonstrated to Garrett. After he indicated understanding the instructions, Garrett attempted the test and raised his left leg. The result of this test displayed 3 of the 4 possible clues:
– Swayed during the test.
– Put foot down during the test.
– Raised arms for balance.
Lack of Convergence
Prior to attempting this test, Garrett indicated he did not have any medical problems that would have prevented him from performing the test. Garrett was instructed to stand with his feet together and arms at his sides during the test. Garrett was instructed to follow the stimulus with his eyes only, while keeping his head still.
I informed Garrett I would be making two circular motions with the stimulus, then bringing the stimulus to the bridge of his nose. Garrett was instructed that if it felt like his eyes were going to cross, then naturally let them do so. Garrett was informed that he was not going to be touched during the test. After stating he understood the instructions, we began. I did observe a lack of convergence in Garrett’s left eye.
Note – Garrett was starting to get impatient and was indicating he was restless with the testing. I believed that Garrett at this time clearly showed indications that he was under the influence at this time with test completed.
At this time due to my knowledge, training, and experiences, I believed that Garrett was driving a motor vehicle upon the roadways of this state and committed an un-safe act by failing to obey a traffic signal, which I learned from the testimonies of the witness and traffic accident investigation (Refrence Accident Report- 23- 3963).
This act resulted in an accident while under the influence of drugs. I asked Garrett to turn around and place his hands behind his back. I explained to Garrett that he was under arrest for DUI (drugs). I applied handcuffs to Garrett and checked for proper fit and double locked them to ensure they wouldn’t tighten.
I escorted Garrett to the rear of my patrol vehicle, and I read Garrett Georgia Implied Consent Notice for subjects aged 21 or over from my green Georgia Implied Consent Notice card (DDS-354(05/2019). I requested Garrett submit to a state administered chemical test of his blood, Garrett refused.
I requested that Garrett have a seat in the rear of my patrol vehicle. At this time, I conducted a search of Garrett’s vehicle to check for any possible evidence contained in the vehicle. Upon searching the vehicle, the odor of Marijuana emitted from the vehicle but no intoxicating substances were found.
I did find a UPASS Test, which contained what appeared to be fake urine, which is a commonly used by drug users to help them pass a drug test. After returning to my patrol vehicle, Garrett said that he was clean and requested to consent to implied consent for a second time.
I then returned to Garrett and read implied consent notice for subjects aged 21 or over from my green Georgia Implied Consent Notice card (DDS-354(05/2019) again. I requested Garrett to submit to a state chemical test of his blood. Garrett consented. After placing Garrett back in the patrol vehicle, I placed him in a seatbelt for transport.
Garrett stated that he took Xanax the previous day and then decided to refuse implied consent a second time. Xanax is a schedule 4 nervous system depressant. I escorted Garrett to the Polk County Jail and released Garrett to jail staff. Garrett was issued 3 citations (Citation numbers-181000918, 181000916 & 181000917). He was charged for DUI/Drugs, Failing To Obey A Traffic Control Device and No License On Person.
Due to Garrett’s refusal to consent to chemical testing, he was served with an Automatic License Suspension Notice and I personally gave him the yellow/driver’s copy and informed him of the appeal procedure listed on the back. Garrett’s vehicle was towed by 3 Kings Towing Service. Reference accident case number (23-3963) for accident details.
[End of Narrative]