Jhonder Ruiz-Gutierrez

Name:
Ruiz-Gutierrez, Jhonder

Date of Booking:
04/25/2026

Reason(s) For Booking:
Dui- Driving Under Influence Of Alcohol

When Lighted Headlights And Other Lights Required

Failure To Maintain Lane

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 04/25/26 at 0405 I was sitting stationary in the parking lot of first Baptist Church of Dalton at the corner of N Thornton Ave & W Waugh St.

During this time, I observed a white Ford Explorer approach the traffic signal at this intersection, facing northbound, and get into the turning lane. The vehicle did not have any headlights or taillights illuminated at this time. As the vehicle turned left (west) onto Waugh St, I exited the parking lot and attempted to catch up to the vehicle. The vehicle had went through the traffic signal at the intersection of W Waugh St & Jones St and turned left (south) onto Jones St.

Due to the imminent safety hazard the vehicle was posing to other drivers on the roadway by not having its lights on, I activated my emergency blue lights and went through the intersection. The vehicle then stopped at the stop sign at the intersection of Jones St & School St and conducted a right turn (west) onto School St. At this time, the vehicle was moving at approximately 5-10 miles per hour. As the vehicle turned onto the school street, the vehicle did not straighten back but instead continued right, running into the curb on the right side of the road.

The vehicle then came to a brief stop before continuing west on School Street. The vehicle then turned into the parking lot of the Dalton alta apartments. The vehicle then continued to move through the entirety of the parking lot until it reached the back of the parking lot. The driver then attempted to turn into a parking stall but was unable to negotiate the vehicle into a single stall, instead he parked over the dividing line, taking up two parking stalls. As the vehicle pulled up, it came to a complete stop. The driver then attempted to move forward again but immediately applied the brakes to avoid hitting the concrete wall in front of the vehicle.

At this time, I exited my vehicle and approached the driver side of the vehicle. I introduced myself and explained the reason for the stop. It became clear that the driver did not speak English. At this time, I radioed for Ofc Cruz to be in route for translation. Ofc Cruz was near by to my location so he responded and assisted with translation. As I was waiting for Officer Cruz to arrive, I asked the driver, identified as Jhonder Ruiz-Gutierrez, if he had a drivers license. He was able to understand what I was asking for and provided me his drivers license after producing multiple other documents such as registration and insurance.

While I was standing at the drivers side door. I continued to smell an odor of alcoholic beverage mixed with an overwhelming odor of cologne. This is important to note because with my previous training and experience with identifying impaired drivers, drivers who are attempting to mask the odor of alcohol will use items that produce a strong, masking scent such as cologne to try and cover the odor of alcohol.

It is also important to note that as I approached the driver side of the vehicle, Jhonder was drinking an orange Gatorade zero drink which is also another tactic used by individuals to briefly mask the odor of alcohol on their breath. I also observed Jhonders eyes to be glassy and bloodshot. His eyes also appeared to be “heavy” and his actions to be lethargic while moving around inside of the vehicle.

At this time, Officer Aldava arrived on scene. I explained to her the situation and she began to translate for me. She informed Jhonder of the reason for the stop. Officer Aldava then informed me that she could also smell the odor of alcohol emitting from inside the vehicle. She then asked the driver about the smell emitting from the vehicle. He stated that he was heading home from his friends house where he consumed one Margarita.

Officer Aldava then asked if he would step out of the vehicle so I could check his eyes by performing the Horizontal Gaze Nystagmus Test (HGN) and other field sobriety test to ensure that he is safe to operate a motor vehicle. Jhonder agreed and stepped out of the vehicle. During the duration of this test, Officer Aldava translated to Jhonder the instructions of each test and demonstrated the applicable test.

The first test that I had Jhonder perform was the Horizontal Gaze Nystagmus Test. During this test, I observed 6/6 of the following validated clues:

• Lack of smooth pursuit in both eyes
• Distinct and sustained nystagmus at maximum deviation in both eyes
• Onset of nystagmus prior to 45 degrees in both eyes

The second test I had Jhonder conduct was the walk and turn test. During this test, I observed 3/8 of the following validated clues.

• Starts too early
• Stops walking
• Improper turn

The third and final test I had Jhonder conduct was the one leg stand. During this test, I observed 2/4 of the following validated clues.

• Raises arms
• Puts foot down

It is important to note that while I would be conducting these tests on Jhonder, he would attempt to ask me questions in Spanish. When he would do this, I could smell the odor of alcohol emitting from his face/mouth area.

I then presented a portable breathalyzer test. After having many questions about the portable breathalyzer test, Jhonder agreed to give a breath sample. A preliminary breath sample given by Jhonder into the portable breath test resulted of a breath alcohol concentration of .109.

Due to the unsafe conditions that Jhonder was driving his vehicle in (no lights illuminated on the vehicle) Jhonder not being able to safely control his vehicle by running it into the curb on the right side of the road, the 6/6 validated clues on the HGN test, 3/8 validated clues on the walk and turn test, and 2/4 clues observed on the one leg stand also combined with the odor of alcohol emitting from inside the vehicle as well as from his face/mouth area, the admittance of consuming alcohol, glassy bloodshot eyes, I believed Jhonder to be operating a motor vehicle under the influence of alcohol.

At this time, I placed Jhonder in handcuffs and conducted a search incident to arrest of his person. I then placed him in the back seat of my vehicle and buckled his seatbelt. Jhonder is a us citizen. Officer Cruz then read him Georgia implied consent where he agreed to state administered chemical test of his breath. I then transported Jhonder to the Whitfield County Jail.

Upon arrival, I secured my service weapon in a lock box in the sally port. I then escorted Jhonder inside where he was handed over to the booking staff. After the booking staff was complete with searching his person, Jhonder gave 2 breath samples into the intoxilyzer 9000 operated by Officer Hill. The results of these breath samples stated that Jhonder yielded a 0.087 blood alcohol content. I then completed an administrative license suspension form and had Officer Cruz explain the form to Jhonder. He then signed it and received a copy for his records. I then completed his citations for the following charges:

• 40-6-391A5 DUI/alcohol .08 gm or more (citation #647043)
• 40-8-20 Lighted headlights/other lights required (citation #647044)
• 40-6-48 Failure to maintain lane (citation #647045)

Once I ensured that the booking staff did not need anything else from me. I retrieved my service weapon and conducted a search of my back seat before returning to service. The administrative license suspension as well as Jhonders Ga drivers license will be mailed to the department of drivers services.

[End of Narrative]