NWGA Scanner | May 5th, 2022

Dalton man and woman arrested for DUI after DPD officer stops two vehicles leaving bar and failing to maintain lane

According to Dalton Police Department incident report, On April 23rd, 2022, at 3:30 AM, Officer Morang was traveling east on East Morris Street near Spencer Street when he saw a white Honda passenger car turn left from Spencer Street onto East Morris in front of him. Officer Morang reported, “When this vehicle turned in front of me I was traveling pretty slow due to heavy traffic in the area leaving the Freya Bar, but [I] was still close enough to Spencer Street that [I] found it odd that this vehicle would turn in front of me. [I] followed this vehicle as it traveled east on East Morris Street. [I] noticed that the vehicle kept crossing over the double yellow line to our left. As we approached 3rd Ave [I] noticed that the white Honda passenger car was following closely behind an orange Jeep. The vehicles appeared to be traveling together because as the driver of the orange Jeep turned right down Third Ave the driver of the white Honda turned on the right turn signal and turned right as well.[I] followed these vehicle south on 3rd Ave. Both vehicles continued to cross over the double yellow line and travel at a very low speed. At this time [I] called for another unit to be in route and advised that [I] was going to attempt to stop both vehicles.” Officers were able to stop both vehicles on Redwine. Officer Morang reported, “[I] then made contact with the driver of the orange Jeep and explained the reason for the stop. [I] stated, “The reason [I] am stopping both of you is that you are both having trouble maintaining your lane.” At this time, the front seat passenger, Laura Ann Silva, interrupted the officer and said, “Stopping both of us? You can’t stop two cars at once.” Officer Morang reported, “[I] explained that [I] could and that [I] just did. [I] then asked the driver if he had his license on him, at which time Laura interrupted again and stated that he did but that there was no reason for me to stop them.” The driver identified as Davin Lee Augustine, 23, of Dalton, then quickly flashed his Tennessee license through his wallet to the officer. At this time, Officer Morang reported he could smell a strong and distinct odor of an alcoholic beverage coming from the vehicle. Officer Morang reported, “Due to Laura talking over Davin and clearly being highly intoxicated, [I] was unsure if the odor was coming from Davin or his passengers. [I] asked Davin how many drinks he had consumed tonight at the bar, and he stated that he had one drink. When Davin said this, he looked up at me for the first time. [I] could see that his eyes appeared glassy, which is a sign of impairment.” The officer then made contact with the driver of the Honda, Cynthia Vazquez, 23, of Dalton. Cynthia immediately began to tell the officer that she was completely sober and that she didn’t think that she was driving badly at all. Officer Guerrero arrived on the scene and assisted with the traffic stop of the Honda. When Davin stepped out of the Jeep to speak with the officer, he almost fell to the ground. He had to put his hand on the vehicle to steady himself so he wouldn’t fall over. While Davin was speaking to the officer, he could smell the strong and distinct odor of an alcoholic beverage coming from his breath. Davin then stated he would not be doing any field sobriety tests to make sure that he was safe to drive. Davin was then placed under arrest for DUI, driving under the influence of alcohol to the extent that it was less safe for him to be driving. After further questioning and being advised that her other two friends in the Jeep were very intoxicated, she stated she only had two beers at the bar prior to driving. During field sobriety tests with Cynthia, Laura began to obstruct the officers and continued to argue about the traffic stop. After showing several clues of impairment during field sonority testing, Cynthia asked the officer if she could refuse the portable alco sensor test. Officer Morang reported, “[I] told her that she could refuse the test and that it was totally voluntary.” At this time, due to the driving that [I] witnessed, the clues that I saw during standardized field sobriety, and Cynthia’s admission to consuming alcohol, there was probable cause for me to arrest her for driving under the influence of alcohol to the extent that it was less safe for her to drive a motor vehicle.” Davin refused and then refused the state test along with Cynthia. Laura continued to yell and scream at officers demanding to know why they were arresting her friends, stating that they did nothing wrong. The report stated that Laura continued to interject herself and not listen to anything the officers advised her. Laura continued to argue with the officer and yell at them for the way they were doing their job. Officer Morang reported, “Laura continued to refuse to cooperate and continued to yell and argue in a loud and boisterous manner. At this time, [I] instructed Officer Sosa and Officer Castillo to arrest Laura for obstruction and public drunkenness. [I] completed administrative license suspension forms for Davin and Cynthia due to their refusal to the state-administered chemical test of their breathe.”

L/R: Davin Lee Augustine, Cynthia Vazquez, Laura Ann Silva