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Name:
Burgess, Rachael Ann
Date of Booking:
08/08/2026
Reason(s) For Booking:
Dui- Driving Under The Influence Of Drugs
Dui- Endangering A Child Under Influence Of Drugs
Maximum Limits
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 August 8, 2026, at approximately 1700 hours, I, Officer Haven, was conducting speed enforcement in the area of Highway 201 and Appaloosa Drive when I observed a 2021 Chrysler van traveling at a high rate of speed while attempting to pass another vehicle. Using my agency-issued LIDAR device, I obtained a speed reading of 60 mph in a posted 45 mph zone. I subsequently conducted a traffic stop at Highway 201 and Sonya Drive.
Upon approaching the driver’s side of the vehicle, I detected a strong odor of marijuana emanating from inside the vehicle. I made contact with the driver, identified as Rachael Burgess. I informed her of the reason for the stop, specifically that she had been speeding. Mrs. Burgess stated that she was not paying attention to her speed because she was speaking with her son, the listed juvenile passenger, about a vehicle in front of them that had a piece of plastic hanging from it. Mrs. Burgess was speaking rapidly, making it difficult to understand portions of what she was saying.
I asked Mrs. Burgess when she had last smoked marijuana, and she stated she had not smoked marijuana in a long time. I advised her that I could smell marijuana coming from the vehicle. She responded that it was funny because she had not smoked marijuana in months. I asked if she typically smoked marijuana inside her vehicle, and she stated that she did not. I then requested her driver’s license and proof of insurance. Mrs. Burgess provided her driver’s license and advised that she would need to call someone to obtain her insurance card. I informed her I would return shortly and walked back to my patrol vehicle.
I conducted a GCIC/NCIC records check on both the driver and vehicle, which returned valid results. Due to the odor of marijuana, I requested an additional unit to assist with a probable cause vehicle search. Deputy W856 arrived on scene to assist.
I then asked Mrs. Burgess to step out of the vehicle. Once outside, I again asked when she had last used marijuana. Mrs. Burgess stated that she had smoked “the legal stuff” the previous night. While speaking with her, I observed that her pupils appeared slightly constricted. She was speaking rapidly to the point of slurring her speech, and it appeared she was chewing on her tongue. Based on my observations, I asked if she would be willing to perform field sobriety evaluations to determine whether she was safe to operate a motor vehicle. Mrs. Burgess agreed.
Horizontal Gaze Nystagmus (HGN)
I placed Mrs. Burgess in the starting position and provided instructions, which she stated she understood. I asked whether she wore contacts or glasses, and she advised she was wearing soft contact lenses. I also asked whether she had suffered any recent head injuries, to which she replied she had not. I checked for equal tracking and equal pupil size before administering the test. During the evaluation, I observed no clues of impairment. I then proceeded to the next test.
Walk and Turn
I placed Mrs. Burgess in the starting position and explained and demonstrated the test. During the instructional phase, she was unable to maintain the starting position. She stated she understood the instructions, and I instructed her to begin. During the test, Mrs. Burgess turned improperly, raised her arms for balance, and stopped while walking. I then proceeded to the next test.
One Leg Stand
I placed Mrs. Burgess in the starting position, provided instructions, and demonstrated the test. She stated she understood the instructions. Upon attempting the test, Mrs. Burgess immediately put her foot down. She repeated this behavior three times and also attempted to switch legs during the test. Due to her inability to perform the test safely, I discontinued the evaluation and moved on to the next test.
Lack of Convergence
I placed Mrs. Burgess in the starting position and explained the test. She stated she understood the instructions. During the evaluation, Mrs. Burgess displayed a lack of convergence. Her eyes did not converge simultaneously, and when convergence occurred, one eye would drift back outward. I then proceeded to the next test.
Modified Romberg Balance Test
I placed Mrs. Burgess in the starting position and explained and demonstrated the test. She stated she understood the instructions. During the evaluation, Mrs. Burgess estimated 30 seconds at approximately 28 seconds. I also observed eyelid tremors and body swaying. When asked how she estimated the passage of time, she stated that she counted, “1 Mississippi, 2 Mississippi, 3 Mississippi,” and so forth.
Finger-to-Nose Test
I placed Mrs. Burgess in the starting position and explained and demonstrated the test. She stated she understood the instructions. The commands given were: Left, Right, Left, Right, Right, Left. During the evaluation, Mrs. Burgess failed to properly touch the tip of her nose on any pass and used the incorrect hand on one of the commands.
Based on my observations, the odor of marijuana, Mrs. Burgess’s admissions, and her performance during the field sobriety evaluations, I believed that she was under the influence of drugs to the extent that it was less safe for her to drive.
I asked Mrs. Burgess whether she had consumed any substances that day. She stated that she had taken two Kratom pills earlier in the day at approximately 0600 and 0700 hours and advised that she takes Kratom daily. She further stated that she previously had an addiction to pain medication and that a friend introduced her to Kratom as an alternative.
I then placed Mrs. Burgess under arrest. She was handcuffed behind her back, the handcuffs were checked for proper fit and double locked. Deputy W856 conducted a search of her person for weapons and contraband. No weapons or contraband were located; however, a THCA vape pen was found in her pocket.
I searched the rear compartment of my patrol vehicle prior to transport and found no weapons or contraband. Mrs. Burgess was then placed in the rear of my patrol vehicle. I read Georgia’s Implied Consent Notice for suspects age 21 or over and requested a blood test. Mrs. Burgess consented to the blood test.
I then conducted a probable cause search of the vehicle and located a partially smoked marijuana cigarette in the center console. Mrs. Burgess stated that it was the type she purchased at a gas station in Georgia. I also located a bag containing Kratom capsules in the center console. The listed juvenile passenger stated that he observed Mrs. Burgess take Kratom pills between approximately 1100 and 1300 hours that day.
The marijuana cigarette and Kratom were collected and secured in Evidence Locker #9. Officer Holcomb arrived on scene and remained with the vehicle and juvenile until a licensed driver could take custody of them.
I transported Mrs. Burgess to the Varnell Police Department for a blood draw. Upon arrival, Lt. Small collected the blood sample without incident. The blood evidence kit was secured in Evidence Locker #7 for submission to the Georgia Bureau of Investigation Crime Laboratory for analysis.
I then transported Mrs. Burgess to the Whitfield County Jail, where she was turned over to jail staff without incident.
Mrs. Burgess was charged with:
- Driving Under the Influence of Drugs (Less Safe)
- Driving Under the Influence, Child Endangerment
- Speeding (15 mph over the posted speed limit)
[End of Narrative]