NWGA Scanner | May 9th, 2021

Rome man charged with DUI after being stopped for violating hands-free law in Floyd County

According to a Floyd County Police Department incident report, May 1st, 2021, at 12:39 AM, while Sgt. Wade was sitting in the area of the Circle K on Burlington Road. He observed a white Cadillac sitting at the exit of Big Time Products. The vehicle appeared to be waiting to exit onto Burlington Road. Officer Wade reported, “At first [I] did not think much of it but after several moments later as [I] exited the Circle K [I] noticed the vehicle was still sitting at the exit of Big Time Products. [I] pulled out and began traveling toward GA 53, which is away from Big Time Products. While doing this, [I] watched the vehicle in my side-view mirror still sitting waiting, which led me to believe the driver of the vehicle observed me sitting in the parking lot and would not pull out until [I] left.” The officer crossed over GA 53 on Burlington Road. The officer observed the vehicle finally pull out. The officer then conducted a legal U-turn. As the officer passed by the vehicle, he observed the driver, later identified as Derrick Emmanuel Winston Jr, 25, of Rome, holding a cell phone up close to his face area and appeared to be talking on the phone. The officer also observed the rear tag light not to be working on the vehicle. The officer initiated a traffic stop and made contact with Derrick. Officer Wade reported, “[I] advised him that I pulled him over for talking on his cell phone to which he stated that it was on speakerphone, [I] advised Derrick that he could not have a cell phone in his hand while operating a motor vehicle.” While speaking with Derrick, the officer observed an empty bottle of Liquor in the back seat of the vehicle. Derrick was asked if he had consumed any alcohol or was under the influence. The officer began to smell the odor of an alcoholic beverage coming from his person when he exited the vehicle. Derrick was asked how much alcohol he had consumed, to which he stated he had three beers. During field sobriety testing, Derrick showed several clues of impairment. Derrick also showed positive on an alco sensor displaying a BAC of .115. Derrick was placed under arrest for DUI driving under the influence of alcohol. Derrick was read Georgia Implied Consent and agreed to the breath test. Derrick was transported to the Floyd County Jail, where he showed a BAC of .120 on the state test. Derrick was charged with open container violation, distracted driving hands-free law, and DUI driving under the influence of alcohol.