Name of Accused:
Leon, Austin Dante
Date of Arrest:
06/25/2023
Charges for Arrest:
Driving while License Suspended or Revoked – 1st Offense
DUI-LESS SAFE
Improper Lane Change/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 June 25th, 2023 at approximately 0213 hours, I Deputy Smith was dispatched to Norton Bridge Rd and Bryant Rd. in reference to a traffic accident without injuries. I arrived on scene at approximately 0219 hours and met with the at fault driver of a white Dodge Charger tag # [REDACTED] (Austin Leon).
Austin informed me that he was driving east on Norton Bridge Rd and he misjudged the curve. Austin ran off the road and hit an dirt embankment. I asked Austin if he would like an accident report and he stated no, I offered Austin a self report of accident form and he refused.
I noticed Austin was chewing gum real fast and I noticed the smell of an alcoholic beverage coming from Austin’s person. I noticed Austin’s eyes were blood shot and glassy. I asked Austin if he had drank any type of alcoholic beverage this evening and Austin stated no.
I asked for Austin’s driver’s license and I ran his License through GCIC and it returned suspended for a previous DUI. I asked Austin if he would perform field sobriety exercises for me to ensure he was safe to drive and he stated yes. We then walked to the front of my patrol car and I placed Austin in the test position for the Horizontal Gaze Nystagmus test.
I asked Austin if he wore contacts, glasses or had any recent head injury and Austin stated no. I presented my finger as a stimulus vertically approximately 12 to 15 inches from Austin’s nose and asked him if he could see the tip of my finger and he stated yes.
I informed Austin to follow the tip of my finger with his eyes and his eyes only and Austin stated he understood my instructions. I checked for equal tracking by making two passes to the left and right of Austin’s eyes and Austin had equal tracking.
I then performed lack of smooth pursuit by making two passes to the left and to the right of Austin’s eyes (approximately two seconds out and approximately two seconds back) and Austin had lack of smooth pursuit in both eyes.
I then performed Distinct and sustained nystagmus at maximum deviation by moving my finger to the right side, checking Austin’s left eye and holding my finger steady for four seconds and I checked his right eye by moving my finger to the left and holding it for four seconds. I performed this twice and Austin had positive results in both eyes.
I then performed onset of nystagmus prior to 45 degrees by moving my finger slowly to the right (approximately four seconds out) checking Austin’s left eye and stopping at Austin’s left shoulder and I checked Austin’s right eye by moving my finger to the left and stopping at his right shoulder. I performed this twice and Austin had positive results.
I then performed vertical gaze nystagmus by holding my finger horizontally approximately 12 to 15 inches in front of Austin’s nose and I raised my finger as far as possible without Austin moving his head and held my finger still for approximately four seconds. I performed this twice and Austin had negative results. Horizontal gaze nystagmus tests yielded 6 out of 6 clues.
I then asked Austin to perform the walk and turn test. I informed Austin that I would demonstrate by taking 3 heal to toe steps down a straight line, making a turn by taking a series of small steps, and taking 3 heal to toe steps back. I informed Austin that he would perform 9 heal to toe steps down and back. I asked Austin if he understood my instructions and Austin stated yes.
I advised Austin to place his left foot on the line and place his right foot in front of his left, heal to toe. I advised Austin to place his hands down to his side and count his steps out loud. I asked Austin if he understood my instructions and Austin stated yes. I informed Austin to begin. I noticed Austin missed heal to toe once. The walk and turn test yielded 1 clue.
I then asked Austin to perform the one leg stand test. I informed Austin that with his hands down to his side and either leg of his choosing, lift his leg approximately six inches of the ground and count out loud 1 thousand 1, 1 thousand 2, so on and so forth until I tell him to stop.
I demonstrated the test to Austin and asked him if he understood my instructions and Austin stated yes. I instructed Austin to begin the test and he used his left leg. Austin put his foot down once, and swayed while balancing once. The one leg stand yielded 2 clues.
I then had Austin blow in the PBT (alco-sencor) and the results was 0.079 BAC. I placed Austin under arrest for Driving under the influence of alcohol Less Safe 40-6-391(a)(1), Failure to maintain lane 40-6-48 (1), and Driving while license suspended 40-5-121 (A).
I read Austin Georgia Implied Consent (green card) for blood and he refused and I informed dispatch. I went en route to the Murray County Detention center where I turned Austin over to detention staff for processing and issued Austin’s citations. I went back in service.
[End of Narrative]
