GEORGIA DEPARTMENT OF PUBLIC SAFETY PO BOX 1456 ATLANTA GA 30371 I100093685-01

Agency Case Number Report Number Report Date / Time

DPS INCIDENT REPORT
Reporting Agency

04/19/2013 12:40 AM
Agency CAD Number

GEORGIA DEPARTMENT OF PUBLIC SAFETY
Range of Occurrence Date/Time

GSPC13CAD039077

04/19/2013 12:40 AM to 04/19/2013 02:30 AM

INCIDENT TYPE(S)
Disorderly Conduct / DUI

INCIDENT LOCATION
County Location Latitude Longitude

FULTON
Street Address

PEACHTREE RD NEAR PEACHTREE BATTLE AVE
City

N 33 49.1930
State

W 84 23.3086
Zip Code

2402 PEACHTREE ROAD
ON BOAT ON LAND INVESTIGATIVE TIMES (IN HOURS) IN AIR ADMINISTRATIVE TOTAL

ATLANTA
VEHICLE MILES

GA
BOAT ENGINE HOURS AIRCRAFT ENGINE HOURS

:
County

:

:
Location

:

:
Latitude

:

:
Longitude

OTHER RELATED LOCATION
FULTON
Street Address

PEACHTREE RD NEAR DELMONT DR
City

N 33 50.0462
State

W 84 22.9733
Zip Code

ATLANTA

OTHER RELATED LOCATION
County Location Latitude Longitude

FULTON
Street Address

PEACHTREE RD NEAR PEACHTREE BATTLE AVE
City

N 33 49.1569
State

W 84 23.3139
Zip Code

ATLANTA

PERSON: SUSPECT
First Name Middle Name Last Name Suffix Date of Birth Age Race Sex Height Weight Hair Eyes Marital Status

LAURA
Master Name Index Number

JEANNE REESE
Custodial Status

WITHERSPOON
City

/1976

37

W

F

502
Zip Code

105 CA

RED C

GRN

MARRIED 2017
Phone (Other)

Driver's License or Other ID State

State Phone

Class or Type Expires

GSP13MNI088440
Address

ARRESTED
Address (Other)

11693 SAN VICENTE BLVD
Vehicle on Report Associated with Person

LOS ANGLES

CA

90049

Person's Role in Vehicle

TagNo: BPAT30 State: FL Year: 2013 Make: FORD Model: FUSION ARREST INFORMATION
County of Arrest Location Description

PASSENGER

FULTON ATLANTA PRE-TRIAL (JAIL)
Arresting Officer

PEACHTREE RD NEAR DELMONT DR 254 PEACHTREE STREET
Rank Badge / ID Number

Arrest Delivered To (Jail / Booking Facility)

ATLANTA, GA 30303
Unit / Assignment

404-865-8010

PYLAND, J. CHARGES
Violation Counts

TFC
Violation Type

0786

NHAWKS-N
Violation Classification / Level

> 106-81(7) 1 LOCAL ORDINANCE DISORDERLY CONDUCT (OBSTRUCTION)

ATLANTA ORDINANCE

PERSON: SUSPECT
First Name Middle Name Last Name Suffix Date of Birth Age Race Sex Height Weight Hair Eyes Marital Status

JAMES
Master Name Index Number

JOSEPH
Custodial Status

TOTH
Address (Other) City

/1970

42

W

M

601
Zip Code

175 CA

BRO BRO C

MARRIED /2013
Phone (Other)

Driver's License or Other ID State

State Phone

Class or Type Expires

GSP13MNI089272
Address

ARRESTED LOS ANGELES CA 90049

11693 SAN VICENTE BLVD #264
Vehicle on Report Associated with Person

Person's Role in Vehicle

TagNo: BPAT30 State: FL Year: 2013 Make: FORD Model: FUSION ARREST INFORMATION
County of Arrest Location Description

DRIVER

FULTON ATLANTA PRE-TRIAL (JAIL)
Arresting Officer

PEACHTREE RD NEAR PEACHTREE BATTLE AVE 254 PEACHTREE STREET
Rank Badge / ID Number

Arrest Delivered To (Jail / Booking Facility)

ATLANTA, GA 30303
Unit / Assignment

404-865-8010

PYLAND, J. CHARGES
Violation Counts

TFC
Violation Type

0786

NHAWKS-N
Violation Classification / Level

> 40-6-391(a)(1-5) 1 DRIVING UNDER THE INFLUENCE > 40-6-48 1 FAILURE TO MAINTAIN LANE DUI
Stop Date / Time Traffic

STATE LAW STATE LAW

GEORGIA TRAFFIC CODE GEORGIA TRAFFIC CODE

Weather

Lighting

Passengers Implied Consent Read

04/19/2013 00:40
Horizontal Gaze Nystagmus

LIGHT

CLEAR
Left Right

DARKNESS
Clues

2

YES 04/20/2013 01:00
Notes

PEACHTREE RD NEAR PEACHTREE BATTLE AVE

Test Type: BREATH / GIVEN / By: PYLAND, J. / Date: 04/19/2013 02:08 / PermitNo: 37398 / SerNo: 68-013386 / Results: 0.139
Eye Does Not Pursue Smoothly
Distinct Nystagmus at Maximum Deviation Nystagmus Onset Before 45 degrees

6/6 CLUES

Eye Color

BRO

OFFICIAL COPY

Page 1 of 4

Report Number

I100093685-01
Agency Case Number

Report Date / Time

Reporting Agency

04/19/2013 12:40 AM
Agency CAD Number

GEORGIA DEPARTMENT OF PUBLIC SAFETY
Range of Occurrence Date/Time

GSPC13CAD039077
Walk and Turn Unable to Balance Stops Walking Misses Heel to Toe Steps Off Line Raises Arm(s) Actual Number of Steps Taken One Leg Stand Seconds Sways Raises Arms Hops Foot Down Other Observations Romberg PBT Eye Condition Positive Eye Lid Tremors Negative Swaying Results 0.148 Behavior 0 - 10 11 - 20 21 - 30 Begins too Soon Steps Improper Turn 1-9 10 - 18 Clues

04/19/2013 12:40 AM to 04/19/2013 02:30 AM

Notes

7/8 CLUES

-ON THE SECOND SET, HE DID NOT COUNT OUT LOUD

9

9
Clues Notes

4/4 CLUES

Internal Clock Breath Odor

/ 30 Seconds STRONG ODOR OF AN ALCOHOLIC BEVERAGE
Speech Patterns

General Appearance

BLOODSHOT WATERY

POLITE

DISHEVELED CLOTHING

VEHICLE
State & License Plate Number Expires VIN Year Make Model Style Color

FL

BPAT30
CMV HazMat

06/30/2013
Released to

3FA6P0H90DR193299

2013

FORD

FUSION

4D

SIL
Vehicle Towed

FUTO'S WRECKER

Persons Related to Vehicle PASSENGER: Witherspoon, Laura Jeanne Reese DRIVER: Toth, James Joseph

NARRATIVE

On April 19, 2013 at approximately 0040 hours, I was patrolling north on Peachtree Road. I observed a silver Ford Fusion fail to maintain its lane while it traveled in the left lane. The Fusion traveled on the white dashed line that separated the left and center lanes with its passenger's side. I followed behind the Fusion in the left lane. The Fusion traveled over the dashed line on the right side again. As we negotiated a left curve, the Fusion traveled on top of the double yellow line that separated the northbound and southbound lanes with its driver's side tires. As we continued to travel northbound, the Fusion's left turn signal blinked on then off. The Fusion traveled on the double yellow line again. As we negotiated a sharp right curve the Fusion crossed into the center and straddled the solid white that separated the left and center lanes. The fusion crossed the double yellow line again with its driver's side tires. I initiated a traffic stop. The Fusion pulled to the right into the driveway to the Walgreen's. The Fusion was partially in the northbound right lane of Peachtree Road. I approached the driver, Mr. James Joseph Toth, and told him that I needed to see his license. Mr. Toth handed me his license and I explained the reason for the stop. As I explained the reason for the stop, I observed that Mr. Toth's eye lids were droopy. Mr. Toth's eyes were bloodshot and watery.

I smelled the strong odor of an alcoholic beverage coming from Mr. Toth's breath. I asked Mr. Toth how much he had to drink. Mr. Toth stated a drink. When asked where he had his drinks, Mr. Toth looked at the passenger, Mrs. Laura Jeanne Reese Witherspoon, and she began to answer. Mrs. Witherspoon stated that he had his drink at a restaurant. Mrs. Witherspoon stated that the drink was consumed two hours prior to the incident. I asked Mr. Toth if he would perform field sobriety. Mr. Toth gave verbal consent. I had Mr. Toth back his car into the driveway of the Walgreens to get it out of the roadway. Mr. Toth was medically qualified for field sobriety. Mr. Toth performed all field sobriety asked of him. Just before Walk and Turn, Mr. Toth stated that he had a problem with his left leg. I asked Mr. Toth if it would prevent him from continuing and he stated that it would not. I asked Mr. Toth if he wanted to continue with the tests. Mr. Toth stated that he did. Before we began field sobriety, Mrs. Witherspoon got out of the vehicle. I told Mrs. Witherspoon to stay in the vehicle and she sat back in the vehicle.
OFFICIAL COPY Page 2 of 4

Report Number

I100093685-01
Agency Case Number

Report Date / Time

Reporting Agency

04/19/2013 12:40 AM
Agency CAD Number

GEORGIA DEPARTMENT OF PUBLIC SAFETY
Range of Occurrence Date/Time

GSPC13CAD039077

04/19/2013 12:40 AM to 04/19/2013 02:30 AM

I observed that Mr. Toth was chewing on something and asked if him if it was gum. Mr. Toth stated that it was a mint. As I performed HGN on Mr. Toth, Mrs. Witherspoon got back out of the vehicle. I had to tell Mrs. Witherspoon several times to get back into the vehicle before she did so. I told Mrs. Witherspoon that I would arrest her the next time she got out of the vehicle. I finished HGN with Mr. Toth. I went and explained to Mrs. Witherspoon the reason why I wanted her to stay in the vehicle. The reason was for my safety. Mrs. Witherspoon stated, "Yes sir." I went back to Mr. Toth and continued field sobriety. During the rest of field sobriety, I observed that Mr. Toth had a hard time listening to and following my directions. Mr. Toth wanted to finish the rest of the tests on the sidewalk next to the Walgreen's building. After I had administered the PBT, Mrs. Witherspoon began to hang out the window and say that she did not believe that I was a real police officer. I told Mrs. Witherspoon to sit on her butt and be quiet. I placed Mr. Toth under arrest for DUI. When asked his age, Mr. Toth stated that he was 42 years old. I had Mr. Toth sit on my push bumper. Mrs. Witherspoon got out of the vehicle and walked up to me and Mr. Toth. I asked, "What had I already told you?" Mrs. Witherspoon asked what was going on. I told Mrs. Witherspoon that Mr. Toth was under arrest. I told Mrs. Witherspoon to get back into the car. Mrs. Witherspoon stated that she was a "US Citizen" and that she was allowed to "stand on American ground." I put my hands on Mrs. Witherspoon's arms to arrest her. Mrs. Witherspoon was resistant but I was able to put handcuffs on her without incident due to Mr. Toth calming her down. Mrs. Witherspoon asked, "Do you know my name?" I answered, "No, I don't need to know your name." I then added, "right now." Mrs. Witherspoon stated, "You're about to find out who I am." I stated, "I am not worried about you ma'am." I stated, "I already told you how things work." I told Mrs. Witherspoon that she was obstructing my investigation of Mr. Toth. I placed Mrs. Witherspoon in the rear of my patrol car on the right side. At approximately 0100 hours, I read Implied Consent Notice/Suspects Age 21 Or Over from the orange card dated 06/08 and requested breath. Mr. Toth gave a verbal "yea." I took Mrs. Witherspoon out of the right side and placed Mr. Toth in the right side of the rear of my patrol car. As I put Mrs. Witherspoon in the left side rear of my patrol car, she told me her name. Mrs. Witherspoon also stated, "You are going to be on national news." I advised Mrs. Witherspoon that was fine. CPL Land # 570 met with me and transported Mrs. Witherspoon to Atlanta Pre-Trial Jail without incident. The vehicle was turned over to Futo's Wrecker Service. The backseat passenger was released to a taxi cab. I transported Mr. Toth to the Atlanta Pre-Trial Jail. I set up the Intoxilyzer 5000 for the test. Mr. Toth gave two samples. Mr. Toth's lowest sample was 0.139 grams. Mr. Toth was turned over the jail staff without incident.

EVIDENCE RECORD
Item Evidence Number Quantity Currency Value Description

1
Item

786-024-2013
Evidence Number

1
Quantity

DVD
Currency Value Description

2
Item

786-025-2013
Evidence Number

1
Quantity

DVD
Currency Value Description

3
Item

570-012-2013
Evidence Number

1
Quantity

DVD
Currency Value Description

4

786-026-2013

1

DVD (REBURN)
Report Number / Description

RELATED REPORTS
Report Name

Uniform Traffic Citation Uniform Traffic Citation Vehicle Tow Receipt Uniform Traffic Citation

E01167110 E01167111 Tag: FL/BPAT30 E01167112

OFFICIAL COPY

Page 3 of 4

Report Number

I100093685-01
Agency Case Number

Report Date / Time

Reporting Agency

04/19/2013 12:40 AM
Agency CAD Number

GEORGIA DEPARTMENT OF PUBLIC SAFETY
Range of Occurrence Date/Time

GSPC13CAD039077

04/19/2013 12:40 AM to 04/19/2013 02:30 AM

REPORTING OFFICER / SUPERVISOR APPROVAL
ID Number Rank Reporting Officer Name ID Number Rank Approving Supervisor Name

0786
Signature

TFC

PYLAND, J.

0948
Signature

SFC

CRONIN, J.C.

OFFICIAL COPY

Page 4 of 4

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