Video Shows Officer Used "Discretion" In Suspected DUI Traffic Stop: Police

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WOODSTOCK, GA -- The Woodstock Police Department is defending the actions of two of its officers following a February traffic stop in which a motorist suspected of driving under the influence was not given a field sobriety test.

A video titled "How To Get Away With DUI in Woodstock, GA," posted three weeks ago on YouTube by user Concerned Citizen, calls into question whether the two officers who responded to the traffic stop should have at least tested the motorist.

Woodstock police was recently made aware of the video and conducted an internal investigation, according to a post published Wednesday on its Facebook page.

In the 17-minute video dated Feb. 27, which can be viewed in its entirety above, a motorist trails a silver Nissan Murano as it travels along Interstate 575. The video starts as the Murano travels southbound on I-575 between Ridgewalk Parkway and Highway 92, which is where the driver exits the thoroughfare.

According to the video, the driver behind the wheel of the Nissan allegedly fails to maintain her lane as she travels southbound. By the time she pulls onto the southbound exit ramp of Highway 92, the motorist behind her decides to call 911.

"The lady in the car in front of me is clearly drunk," the concerned motorist says when the dispatcher asks what's going on.

The caller continues to follow the Murano as it travels eastbound on Highway 92.

"She might be having a medical emergency," the caller later adds. "She can't stay straight."

The driver continues to follow the Nissan until he gets to the highway's intersection with Hames Road, which is where a Woodstock patrol officer picks up the pursuit.

The cop pulls the SUV over in front of the Kroger shopping center at Trickum Road and checks out the situation. During the stop, the officer, who eventually is assisted by a supervisor, learns the woman recently lost her grandfather, was sick and took some cold medicine, police said.

The poster of the video raises questions about the department's policy on field sobriety tests, whether the female driver is related to the officers and what transpired during moments in which the officer's audio was manually turned off.

According to Woodstock police, the officer who initiated the traffic stop said he observed the vehicle "float" within her lane when he pulled behind her. The agency said the responding officer had no knowledge of the events prior to the traffic stop.

"Upon speaking with the driver, the officer noted that she appeared visibly upset, as if she had been crying," Woodstock police said. "He inquired whether she was all right and she said that she had been crying because of the recent death of her grandfather. She also said that she was sick and taking over-the-counter cold medicine, which she showed to the officer. The officer reported that he had detected no odor of alcohol about the driver or emanating from the vehicle whatsoever."

During the stop, the supervising officer informs his counterpart that the woman "just had a DUI in Atlanta six weeks ago for alcohol and Xanax," according to the video.

At that point, the supervisor notes, "so, if you're not going to do it, I would at least not let her drive."

"She's not driving," the officer responds.

At that point, Woodstock police said, the officer made the decision not to conduct a field sobriety test, but he would not allow the driver to get behind the wheel.

According to the officer's dash cam video, the cop gets into the SUV and parks the vehicle in a parking space. He also waits about 30 minutes for a male companion to arrive and take the woman to her destination.

"While other officers may have attempted to conduct field sobriety testing in this scenario, this officer chose not to, utilizing his discretion to handle the matter in another way," the agency said in its Facebook post.

Part of the officer's dash cam video appears to show the audio had been manually turned off several times during the traffic stop, a violation of the department's policy, agency spokesperson Brittany Duncan added.

Duncan noted the officer will be reprimanded for that action.

Woodstock police added neither the patrol officer nor the supervisor had any prior contact with the woman or knew who she was before the traffic stop.

The department reiterated that it's committed to promoting the safety of the public and does consider DUI offenses to "be potentially life-threatening violations." For example, the agency in 2015 arrested 207 people accused of driving impaired, a 10 percent increase from 2014, according to figures provided by the department.

Woodstock police states an "officer’s discretion in exercising his/her authority is an essential element of effective law enforcement."

"This situation illustrates the use of officer discretion in determining a course of action given the totality of the circumstances," the agency said. "Upon making the traffic stop, the officer – a senior officer and supervisor – found the driver to be cooperative, sick and grieving the loss of her grandfather. Rather than looking for an opportunity to simply make an arrest as others might, the officer compassionately achieved the same end by keeping her from continuing to drive. His actions were reasonable and within the limits of his authority."

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Screenshots via YouTube video