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1 following this caseName:
Nelson, Brent G
Date of Booking:
05/29/2026
Reason(s) For Booking:
DUI- Driving Under Influence Of Multiple Substances
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 5/29/2026 I, Lt. Small #13, was conducting a license check point with the Varnell Police Department at the intersection of Ga 2 @ Spring St. During this time I attempted to speak to the driver, later identified as Brent Nelson, of a gray in color Honda Pilot while it continued past me saying be safe. I then advised the driver to stop.
When I approached the vehcile I made contact with Mr. Nelson. Mr. Nelson kept his head down and faced away from me when intially speaking to me. I asked Mr. Nelson for his license, during this time I could smell the odor of alcoholic beverage coming from the Mr. Nelson. I then asked Mr. Nelson where he was coming from. He told me pizza in east ridge but did not tell me the name of the establishment.
Mr. Nelson kept attempting to cover his mouth and looking away while conversating with me. I then asked Mr. Nelson if he had drank anything tonight. He told me he had two beers with pizza. I then asked what kind of beer and the size of the beers. He did not tell me the size but said they were Coors. I then asked Mr. Nelson to pull off to the side of the road so I could conduct SFST on him to verify he was not under the influence to the point he could not operate a motor vehicle safely.
When Mr. Nelson exited the vehicle, I asked him to step to the front of Chief Moreno’s patrol vehcile. While walking I asked Mr. Nelson what kind of beers he had drank. At this time, he told me Miller Lites.
When speaking to Mr. Nelson prior to SFST he advised me of serval body inojuries and upcoming surgies. He was getting ready for a hip replacement surgery and has been diagnosed with spinal stenosis. When I asked if he was currently taking any perscription medications he told me he was taking blood pressure medication then paused for a while to think and told me lyrica as well.
Due to the types of the injuries and physical ailments Mr. Nelson was describing I decided to only do HGN on Mr. Nelson. During this test I observed both eyes were watery and blood shot in nature. Before I could continue with the test Mr. Nelson became argumentative about the test and challengeing the things I described about the test including peripheral vision limitations. Mr. Nelson then told me he had eye problems. Mr. Nelson did not disclose this information before I started the test. When I asked Mr. Nelson what diagnosed problems he had with his eye he paused for 6 seconds then said “hippa”.
I advised him I was asking so I did not mistakenly see anything on this test. Both the right and left eyes tracked equally with equal pupil size. Both the right and left eyes showed a lack of smooth pursuit. Both the right and left eyes showed distinct and susatained nystamus at maximum deviation and nystagmus in both the right and left eye prior to 45 degrees.
I then told Mr. Nelson the Walk and Turn and One Leg Stand were out due to his hip issues. During this statment Mr. Nelson quickly responded with “I’m not going to do that.” This statement increased my belief Mr. Nelson was under the influence to a point he was not safe to drive. I advised him of a statement that was not going to happen and told me he was not going to do that. He then began to get argumentative again telling he wasn’t asked to do these tests.
I then asked if Mr. Nelson would blow into a PBT to confirm the presence of alcohol in his system. Mr. Nelson said yes he would. Then when I raised to PBT to have him blow in it he told me ” no I’m not going to blow in that.”
Due to the indicators, I observed, the consumtion of alchol allegedly avised, and the types of perscription medications Mr. Nelson advised he took I believed Mr. Nelson was DUI to the point that he was less safe to operate a motor vehicle. Both blood pressure and lyricia medications advise to not mix the drugs with alcohol.
This can intensifiy the effects of alcohol. At this time, I told him to turn around and put his hands behind his back, he was under arrest for suspected DUI. As I was doing this, I then asked Mr. Nelson to place his hands in front of him due to his injuries and I would cuff him there to not create any further injuries or discomfort.
I then asked Mr. Nelson if his wife, the passanger in the vehicle, had drank anything at dinner as well. He said no she did not have anything to drink, if she had then he would not allow her to drive. Mrs. [REDACTED] was in the passanger seat of the vehicle. During this time Chief Moreno went to speak with Mrs. [REDACTED] about the incident and that Mr. Nelson was going to jail for DUI. When asked if she had anything to drink tonight Mrs. [REDACTED] told Chief Moreno she had one beer. This is not what Mr. Nelson told me.
Mrs. [REDACTED] was asked to blow into a PBT to deem her ability to drive the vehicle so we did not have to tow the vehicle. Mrs. [REDACTED] blew 0.000 bac. At this time the vehicle was released to Mrs. [REDACTED].
I then read Mr. Nelson Georgia Implied Consent Notice for suspects over the age of 21. Mr. Nelson refused this test. I then attempted to place Mr. Nelson in the back of my marked patrol car, due to the K9 insert in my vehicle, Mr. Nelson could not fit.
I then placed him in Officer Ellis’, v29, marked patrol car. I then filled out an ALS, form: DDS 1205. Officer Ellis transported Mr. Nelson to Whitfield County Jail where he was served the ALS form and served it. Then turned over to booking staff without incident.
[End of Narrative]
