Michael Harvey

Name:
Harvey, Michael J

Date of Booking:
09/10/2026

Reason(s) For Booking:
DUI of Alcohol

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.]

[NARRATIVE #1 on September 09, 2026]

On 09/09/26 at approx. 2113 hours I, Ofc. Kitchen was traveling on Mayfield Dr. when I observed a dark in color passenger car leave the roadway before correcting and returning onto the roadway. Once back on the roadway the vehicle then failed to maintain lane and was driving in both lanes of travel over the double yellow lines. I radioed out my traffic stop once at the stop sign at Mayfield Dr. and N. Broad St. once the vehicle began it turning movement I activated my emergency lights, the vehicle continued through the roadway and into a parking lot across from the stop sign.

Once in the parking the lot the vehicle stopped leaving the entirety of my patrol vehicle in the north bound lanes of travel, I instructed the vehicle to pull forward on my vehicles loud speaker. The vehicle pulled forward and to the right and drove over an old gas island that was in the parking lot, the vehicle then back up off of the island before coming to stop. I exited my vehicle and made contact with the driver of the vehicle who I identified as Michael Harvey, Michael upon my initial contact appeared to be disorientated and confused.

Upon speaking with Michael he was unsure of the reason I stopped him, while I was making contact with Michael he was looking through multiple pockets before stating he was getting his license and located his wallet. Once his wallet was located I observed Michael rummage around in the wallet before locating his license, once I took possession of the license I confirmed his address on the license was the correct address and asked if the vehicle was registered to him I received a head nod for both questions indicating that yes the address was correct and the vehicle was registered to him. Due to Michael appearing to be disorientated and his slow responses I requested another unit to check Michael for impairment before I released him.

Cpl. Priest arrived on location and spoke with Michael at the drivers side window, I stood at the passenger side window while they spoke and observed an open container that had been crushed on the passenger side floorboard as well as an open pocket knife on the passengers seat. Once Cpl. Priest had finished speaking with Michael he informed me that he was not field sobriety certified and could not conduct the test. I attempted to contact Ofc. Smith who is assigned to MPD’s Traffic unit however did not get a response due to him being on an unrelated traffic stop, I then requested to see if there were any troopers in the area reference to field sobriety testing. Ofc. Smith advised he was returning to service and would be in route to my location to conduct the test.

Michael remained in the vehicle until Ofc. Smith’s arrival on location, I briefed Ofc. Smith of the driving behavior and actions of Michael. Ofc. Smith then conducted his evaluation of Michael (See his report). Michael was placed under arrest by Ofc. Smith, while conducting a probable cause search of the vehicle due to the open container I located multiple unmarked white pills in the center console of the vehicle. I did not have any narcotic field test kits so I could not test them prior to collecting them, I collected the pills and turned them over to Ofc. Smith so he could submit them to the GBI for identification. I returned to service once Taylors Wrecker Service had the vehicle.

[End of Narrative]

[NARRATIVE #2 on September 09, 2026]

On September 9th, 2026 at approimxtaely 2113 hours, I responded to N Broad St and Mayfield Dr in reference to Officer Kitchen #354 requesting assistance with a possible DUI investigation.

Upon arrival, I met with Officer Kitchen. Officer Kitchen informed me that he got behind the gray Kia Optima that he had pulled over on Mayfield Drive. Officer Kitchen stated they were driving toward Broad Street. Officer Kitchen stated he observed the vehicle leave the roadway on the right side, and then correct back over before driving overtop of the double yellow lines in the middle of the roadway. Officer Kitchen activated his emergency lights to initiate a traffic stop on the vehicle for the offense of Failure to Maintain Lane.

Officer Kitchen stated the vehicle made an immediate right turn into the old gas station lot on N Broad St, and came to an abrupt stop to where Officer Kitchen’s vehicle was still out in the roadway on N Broad St. Officer Kitchen advised he had to use his vehicle PA system to tell the driver to pull forward. Officer Kitchen stated the driver then pulled the vehicle forward, and the front end struck a curb before the driver backed the vehicle off the curb. Officer Kitchen informed me there was a open container of alcoholic beverage inside the vehicle, and the driver was showing physical manifestations consistent with impairment.

I approached the driver who was still sitting in the driver seat of his vehicle. He was identified as Michael Harvey. I could immediately smell the odor of alcoholic beverage coming from Michael and inside his vehicle. While conversing briefly with Michael I noticed his speech was slurred, and his body movement seemed lethargic. I ordered Michael out of the vehicle. Michael exited his vehicle, and I could see that he was unsteady on his feet.

I asked Michael where he was coming from, and he stated that he was coming from work at Quality Foods. I asked Michael if he had consumed an alcoholic beverage this date, and he stated that he consumed one small beer. I noticed that Michael as extremely delayed in responding to guestions, and his speech was slurred so much that it was difficult to understand some of his responses to questions. It seemed like it was difficult for Michael to put coherent responses together.

I asked Michael if I could examine his eyes to determine if he was safe to drive. Michael consented to my examination of his eyes. I told Michael to stand with his feet together and arms down by his side and to remain in that position until told to move. I asked Michael if he understood, which he stated he did. I asked Michael if he wore glasses or contacts which he stated he did not. I asked Michael if he had any head, neck, or back injuries to which he denied.

I explained to Michael that he was to follow the tip of my finger with his eyes, and his eyes only. I held my finger approximately 12-15 inches away from Michael’s nose and slightly above eye level. On my first set of passes I looked to make sure that Michael had equal tracking in both eyes, which he did (two passes at approximately 2 seconds per pass). The second set of passes I looked for lack of smooth pursuit. While conducting the passes I did observe the jerking of the eyes from side to side (two passes, approximately 2 seconds out and two seconds back for each eye). On the third set of passes I looked for distinct and sustained nystagmus at maximum deviation. While conducting these passes I observed the jerking of the eyes from side to side. (Two passes held in position for 4 seconds, for each eye).

On the fourth set of passes I looked for onset nystagmus prior to 45 degrees (shoulder length). While conducting these passes I observed the jerking of the eyes from side to side (two passes at approximately 4 seconds per eye). On the fifth and final set of passes I looked for vertical nystagmus. While conducting these passes I did not observe the jerking of Michael’s eyes up and down (two passes and hold for approximately 4 seconds). Michael had difficulty keeping his gaze on the tip of my finger, but I was able to observe the referenced clues.

For the Horizontal Gaze Nystagmus exercise I observed 6 out of 6 clues. (Clues: LACK OF SMOOTH PURSUIT; DISTINCT AND SUSTAINED NYSTAGMUS AT MAXIMUM DEVIATION; ONSET NYSTAGMUS PRIOR TO 45 DEGREES)

I asked Michael if he had a problem walking in a straight line, and he stated he did not. I explained to Michael that he needed to stand with his feet together and arms down by his Side. Michael was told to remain in that position until told to move. I told Michael to imagine a straight line about the width of his left foot straight out in front of him. Michael was then told to stand with his right foot in front of his left foot, heel to toe and to remain in that position until he was told to move. Michael had difficulty getting into the proper instructional phase position, and eventually came out of the prescribed position.

I instructed Michael that when he was told to begin, I wanted him to take 9 heel to toe steps down the imaginary line, plant his lead foot, take a series of small steps to turn around, and then take 9 heel to toe steps back to where he was standing. I demonstrated the exercise by taking 3 heel to toe steps, planting my lead foot, taking a series of small steps to turn around, and then taking 3 more heel to toe steps back. All this was done while keep my hands down by my side, looking down at my feet, and counting my steps out loud. I explained to Michael that I demonstrated 3 steps, but I wanted him to take 9. I instructed Michael while he was conducting the exercise I wanted him to look down at his feet, count his steps out loud, keeps his arms down by his side, and once he began the evaluation to not stop until complete.

During the exercise I observed that Michael was unable to maintain balance during the instructional phase. Michael stepped off line. Michael missed heel to toe. Michael took 9 heel to toe steps, stopped at step 9 or 10 where he looked back at me and asked if he was to turn around. I told Michael to continue the exercise. Michael continued walking heel to toe down the line, and therefore took the incorrect number of steps. For this exercise I observed 4 out of 8 clues. (Clues: CANNOT KEEP BALANCE DURING INSTRUCTIONAL PHASE; STARTS TOO SOON; STOPS WALKING; DOES NOT TOUCH HEEL TO TOE; STEPS OFF LINE; USES ARMS FOR BALANCE; IMPROPER TURN; INCORRECT NUMBER OF STEPS)

I told Michael to stand with his feet together and arms down by his side and to remain in the position until told to move. I explained and demonstrated to Michael, that when told to do so he would raise a leg of his choosing approximately 6 inches off the ground, with his leg straight, toe pointed outward, arms down by his side, keeping his eyes on his raised leg and count out loud in the following manner, one thousand one, one thousand two, one thousand three, and so on until told to stop. I asked Michael if he had any questions before beginning the exercise, which he stated he did not. After demonstrating the exercise, I told Michael he could begin. During the exercise I observed that Michael put his foot down. For this exercise I observed 1 out of 4 clues. (PUTS FOOT DOWN, USES ARMS FOR BALANCE, SWAYS, HOPS)

I then told Michael to stand with his feet together, and arms down by his side. I told Michael to remain in this position until told to move. I then told Michael I was going to trace the outline of his face with my finger, and then bring my finger in toward the bridge of his nose, but I was not going to touch his nose. I told Michael to follow the tip of my finger with his eyes without moving his head. I then traced the outline of Michael’s face with my finger and came in toward the bridge of his nose. I observed that neither of Michael’s eyes converged with my finger. I suspected Michael again was not focused on the tip of my finger, or that lack of convergence was present in both eyes. I did this evaluation 3 times with the same result each time.

I then told Michael to stand with his feet together and arms down by his side, and to remain in that position until told to move. I told Michael to tilt his head back and close his eyes. I told Michael to estimate the passing of thirty seconds, and when he thought thirty seconds had passed I wanted him to tilt his head back forward, open his eyes, and say “done”. I asked Michael if he understood which he said he did. Michael began, and I observed his eyelids were tremoring. I observed his right eye was not completely closed. About 1 minute and 15 seconds had passed, and I asked Michael if he was still with us. Michael opened his eyes, and said he was still with us. I asked Michael if he remembered what I wanted him to do. Michael stated that I wanted him to estimate the passing of 30 minutes. I then reattempted the exercise with Michael. Michael stated he counted to 15.

I then told Michael to stand with his feet together, arms by his side, and point his index fingers toward the ground. I then confirmed with Michael the tip of the finger and the tip of the nose. I asked Michael if he knew his right from left. Michael stated that he did. I then told Michael when I said “left” or “right” I wanted him to bring that sides index fingertip to the tip of his nose, and then place that hand back down. I called the directions in this order: left, right, left, right, right, right, left. Michael missed the tip of his nose 3 times, and used the wrong side hand once which is why I called an extra direction.

I asked Michael if he would blow into a portable breath test, and he refused. Michael was then placed into handcuffs behind the back, double-locked, and checked for fit. Michael was informed that he was under arrest for DUI. Michael was searched incident to arrest. Michael was placed into the rear passenger seat of my patrol car which was searched before and after transporting him.

A search of Michael’s vehicle incident to arrest located some cut straws with a white powder residue. This was indicative of recreational drug use by snorting. Officer Kitchen located unmarked, unidentified pills which were sent to the GBI lab for identification. The discovery of the pills and cut straws lead me to believe Michael could have been impaired by a combination of alcohol and drugs.

I read Michael Georgia implied consent for suspects age 21 and older. Michael refused to give a blood draw, but consented to a breath sample on an Intox machine. I was informed the Intoxilyzer 9000 machine at the Monroe Police Department was not functional. I took Michael Straight to the Walton County Jail where the next nearest machine was. I attempted twice to get a breath sample from Michael, but he was unable to give a sufficient breath sample to complete the test.

Michael was issued a citation for DUI-Less Safe combo (alcohol and drugs).

[End of Narrative]