NWGA Scanner | April 1st, 2022
According to a Dalton Police Department incident report, on March 20th, 2022, An officer was concluding a traffic stop at the intersection of Underwood Street and Parkside Pl. The officer reported, “As [I] was walking back to my patrol vehicle, [I] observed a silver in color passenger car traveling east on Underwood Street at a high rate of speed. The vehicle was traveling at a speed well over the speed limit. [I] observed that the vehicle was traveling fast enough to cause the driver to fail to maintain its lane of travel. The vehicle was driving in between both lanes of travel as it was traveling east on Underwood Street. [I] got into my patrol vehicle and traveled east on Underwood Street to attempt to catch up with it. [I] had lost sight of the vehicle momentarily and regained visual as it was approaching the intersection of Underwood Street and Fields Avenue. The vehicle was still traveling at a high rate of speed and turned northbound on Veterans Drive. [I] was able to catch up with it on Veterans Dr. [I] watched the vehicle continue to fail to maintain its lane of travel. The vehicle crossed the center yellow double lines in the roadway as it was traveling northbound. The vehicle continued to travel northbound and was driving directly on the center yellow double lines of the roadway. Based on the silver Lexus driving at a high rate of speed and its inability to maintain the correct lane of travel, [I] initiated a traffic stop at the intersection of Veterans Drive and Connecticut Drive. The vehicle continued northbound and turned east onto Colorado Drive and stopped.” the officer made contact with the driver, identified as Andrew Magana, 21, of Dalton, and explained the reason for the traffic stop. The officer reported that he immediately suspected that the driver was under the influence of alcohol. His eyes appeared red/bloodshot, glassy, and droopy. The officer reported, “As [I] was talking to Andrew, he pulled out a credit card and tried to hand it to me. He then realized that he was holding a credit card and started laughing. [I] asked Andrew why he was driving so fast when he was traveling on Underwood Street. Andrew stated that he never gets to drive fast and just wanted to drive faster because no one else was on the road. He stated that he knew that it was dumb, but he just wanted to drive fast. As Andrew was speaking, [I] could detect the strong and noticeable odor of alcohol coming from inside of the vehicle. [I] asked Andrew where he was coming from, and he stated, “Tenoch.” [I] asked if he meant the bar, and he stated yes. At first, Andrew told me that he had not been drinking. [I] confronted him and told him that [I] could smell the odor of alcohol coming from the vehicle. Andrew then stated he was at Tenoch with his cousins and only had two beers.” The more Andrew talked to the officer, the more he could smell the strong and distinct odor of an alcoholic beverage coming from his person. He was slightly unsteady on his feet and slurred his speech while he would talk to the officer. During field sobriety testing, Andrew showed several signs of impairment and showed s BrAC .119 on a PBT. Andrew was placed under arrest for DUI and agreed to the state test for breath. Andrew was then transported to the Whitfield County Jail, where he showed a BAC of .116. Andrew was charged with DUI alcohol .08g or more 21 or over, too fast for conditions, and failure to maintain a lane.