Fraire-Adame, Dany Alfredo
Date of Booking:
Reason(s) For Booking:
Dui- Driving Under Influence Of Alcohol
Unlawful Use Of Central Lane
Driving Without A Valid License, Misd
[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 September 19, 2022, at approximately 2236 hours, I was patrolling Walnut Avenue near Old Grade Road in Whitfield County. I observed a light-colored sports utility vehicle eastbound in the left lane that appeared to be traveling above the posted speed limit of 45 miles per hour by how quickly it was closing in on other traffic ahead of it. I checked the speed of the vehicle using the front antenna of my radar unit and found that it was traveling at 64 miles per hour.
I made a U-turn to conduct a traffic stop of the vehicle. As I was catching up to the vehicle, I observed it in the central turn lane of Walnut Avenue near Pleasant Drive passing other eastbound traffic at a high rate of speed with no regard for the safety of other motorist. I checked the speed of the vehicle as it was passing in the central turn lane and found that it was now at 74 miles per hour in the 45 mile per hour zone. I caught up to the vehicle, a gray GMC Envoy displaying a Georgia tag of [REDACTED], near Martin Luther King Boulevard with the driver pulling into a private parking lot at the corner of Walnut Avenue and Rosedale Drive.
I approached the vehicle and ordered the driver to step to the rear of the vehicle. I asked for his driver’s license with him replying, “ID?” The driver handed me a Georgia identification card that positively identified him as 23-year-old Dany Alfredo Fraire Adame. Mr. Fraire Adame appeared to tell me that he could not speak English, however, he did respond to several questions or statements that I made in English.
While speaking to Mr. Fraire Adame outside of his vehicle, I noticed that his eyes were watery and bloodshot, and I detected a strong odor of an alcoholic beverage coming from his breath. I had Mr. Fraire Adame to remain at the rear of his vehicle while I returned to my patrol car to check the vehicle’s insurance and registration, and to check his identification through G.C.I.C. The vehicle information came back showing that it was insured, and the registration was active. Mr. Fraire Adame came back as not being licensed.
I then returned to speak with Mr. Fraire Adame and question him about his alcohol consumption. Mr. Fraire Adame appeared to indicate that he had consumed one (1) drink. I asked him to provide a breath sample for testing, which he did and tested positive at 0.140 grams. After he tested positive for the presence of alcohol, I wanted to see if I could get Mr. Fraire Adame medically qualified for the Standardized Field Sobriety tests and see if he would perform those tests if qualified to do so. I asked my dispatcher to see if Whitfield County or Dalton Police Department had a Spanish speaking officer to assist me with the traffic stop.
I then questioned him further about his alcohol consumption with him appearing to indicate that he had consumed two (2) drinks this time. TFC Edel Apodaca #600 contacted me by phone and offered to respond to my location to assist with translating. TFC Apodaca arrived on the scene and was able to speak with Mr. Fraire Adame about where he was coming from and question him about his alcohol consumption. TFC Apodaca advised that Mr. Fraire Adame stated that he had been at a Mexican restaurant on South Hamilton Street in Dalton, and that he had consumed a 32-ounce michelada mixed drink as well as two (2) smaller mixed drinks.
Mr. Fraire Adame was questioned about passing the other vehicles by using the central turn lane and asked if he was aware that I had turned around after he had passed me. Mr. Fraire Adame stated that the vehicle in front of him had loud exhaust that was hurting his ears and he was just trying to get away from it by passing, and that he did not know that I was about to conduct a traffic stop of his vehicle.
TFC Apodaca was able to medically qualify Mr. Fraire Adame for the Standardized Field Sobriety tests. I demonstrated the tests with Mr. Fraire Adame performing the tests with the results listed in this report. Mr. Fraire Adame was asked to provide a second breath sample for testing with him testing positive at 0.115 grams.
Based on Mr. Fraire Adame’s reckless driving by passing other vehicles in the central turn lane of Walnut Avenue at 29 miles over the speed limit, his watery, bloodshot eyes, the strong odor of an alcoholic beverage emanating from his breath as he spoke, his admission to consuming several alcoholic beverages prior to driving, and the results of the Standardized Field Sobriety tests, Mr. Fraire Adame was placed under arrest for driving under the influence of alcohol.
TFC Apodaca explained that I would have to read him something and that it could only be read in English. I then read the Georgia Implied Consent Notice for suspects age 21 or older from the green card requesting the state administered chemical testing of his blood. After reading the notice, TFC Apodaca asked Mr. Fraire Adame if he understood what I had read to him. Mr. Fraire Adame advised TFC Apodaca that he did not understand, and Mr. Fraire Adame never gave a verbal response to my request for the blood test.
Mr. Fraire Adame was allowed to contact his father to arrange for the vehicle to be turned over to his brother, [REDACTED]. After the vehicle was turned over to his brother, Mr. Fraire Adame was transported by me to the Whitfield County Jail where he was turned over to jail staff for the charges listed in this report. Mr. Fraire Adame was also issued a Georgia Department of Driver Services Administrative License Suspension and Implied Consent form indicating that Mr. Fraire Adame had not consented to the requested state test. It was not signed by me to validate it as a temporary driving permit due to Mr. Fraire Adame not being licensed.
[End of Narrative]