Name of Accused:
Gallegos, Alex
Date of Arrest:
08/13/2024
Charges For Arrest:
Dui- Driving Under Influence Of Alcohol
Hit & Run; Driver To Stop/ Return To Accident Scene
Failure To Maintain Lane, Wrong Side Of Road
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 August 12, 2024 at approximately 1930 hours, Deputy Cobb was dispatched to [200 BLOCK] Redwood Road in reference to a hit and run accident that occurred just after the intersection of Redwood Road and Pinewood Road.
Upon arrival, Deputy Cobb observed a bronze in Color Lexus ES350 with Georgia Registration Number [REDACTED]. Deputy Cobb then made contact with the driver, [VICTIM #1]. Ms. [VICTIM #1] advised Deputy Cobb that she was traveling Eastbound on Redwood Road on the right side of the roadway when she observed a blue in color Infiniti passenger car take a wide turn onto Redwood Road from Pinewood Road. She stated she observed, the driver later identified as Alex Gallegos traveling Westbound on Redwood Road on the left side of the road. She stated she stopped almost in the grass area off of the roadway to avoid Mr. Gallegos. She stated that Mr. Gallegos struck her driver side mirror with his driver side mirror causing her mirror to fall out and crack. Deputy Cobb observed damage to Ms. [VICTIM #1]’s driver side mirror.
Deputy Cobb observed a blue in color Infiniti Q60 with Georgia Temporary Registration Number [REDACTED] with damage to the driver side mirror. The damage observed on Mr. Gallegos vehicle was a cracked plastic piece on the back side. Deputy Cobb then approached the residence and made contact with Mr. Gallegos sister, [REDACTED]. Deputy Cobb asked Ms. [REDACTED] if Mr. Gallegos was inside the residence and she stated, yes. Deputy Cobb asked Ms. [REDACTED] if she could go inside and tell Mr. Gallegos to come outside and she did.
Deputy Cobb then made contact with Mr. Gallegos. Deputy Cobb detected the distinct odor of an alcoholic beverage emitting from Mr. Gallegos’s person. Deputy Cobb also observed Mr. Gallegos eyes to be glossed over and his speech to be slurred. Mr. Gallegos seemed to be confused due to his level of intoxication. Deputy Cobb then asked Mr. Gallegos for his driver’s license and he presented Deputy Cobb with a Florida Driver’s License. Deputy Cobb advised Mr. Gallegos that he was at the residence because he was involved in a crash and left the scene of the accident. Mr. Gallegos advised Deputy Cobb that Ms. [VICTIM #1] hit his vehicle and that he did not strike her vehicle.
Deputy Cobb then asked Mr. Gallegos if he had anything to drink since he got home and when did he get home. Mr. Gallegos advised Deputy Cobb that he didn’t have anything to drink when he got home approximately 2 hours ago. Deputy Cobb then asked Ms. [VICTIM #1] when the crash occur and she advised at approximately 1900 hours. She advised she then followed Mr. Gallegos home and called the police and filed a claim with her insurance company. Deputy Cobb asked Mr. Gallegos if he would be willing to perform a couple of tasks to make sure he was not under the influence and he stated, yes.
Deputy Cobb placed Mr. Gallegos in the instructional position for the Horizontal Gaze Nystagmus Task. Deputy Cobb explained the instructions to Mr. Gallegos which he stated he understood. Deputy Cobb observed Mr. Gallegos to have the following; Equal pupil size, No resting nystagmus, and Equal tracking medically clearing him, Deputy Cobb observed The lack of smooth pursuit in both eyes, Distinct and Sustained nystagmus at maximum deviation in both eyes, Onset of nystagmus prior to 45 degrees in both eyes. Deputy Cobb observed 6 out of 6 validated clues.
Deputy Cobb placed Mr. Gallegos in the instructional position for the Walk and Turn task. Deputy Cobb advised Mr. Gallegos to remain in that position until told to do otherwise, which he stated he understood. Deputy Cobb then explained and Demonstrated the Walk and Turn task. During the instructional phase Mr. Gallegos was Unable to maintain his balance and Started the task to soon.
Mr. Gallegos stated he understood the task. During the walking phase Mr. Gallegos Missed heel to toe 4 times, Stepped off line 4 times, Took a total of 10 steps and Stopped while walking. Deputy Cobb observed 6 out of 8 validated clues. Mr. Gallegos didn’t take the second series of nine steps.
Deputy Cobb placed Mr. Gallegos in the instructional position for the One Leg Stand Task. Deputy Cobb advised Mr. Gallegos to remain in that position until told to do otherwise, which he stated he understood. Deputy Cobb then explained and demonstrated the One Leg Stand Task. During the balancing phase Mr. Gallegos used his arms for balance, Put his foot down before the 30 seconds elapsed, Began to sway during the task, and Began to hop during the task. Deputy Cobb observed 4 out of 4 validated clues.
Based on the facts and circumstances Deputy Cobb placed Mr. Gallegos under arrest. Deputy Cobb handcuffed him with his hands behind his back and checked the cuffs for proper fit. Deputy Cobb then placed him in the rear passenger compartment of his patrol car.
Deputy Cobb read Mr. Gallegos the Georgia Implied Consent Notice for Suspects Age 21 and over for the chemical test for his breath. Mr. Gallegos refused the State Chemical Test of his breath.
Deputy Cobb asked Ms. [VICTIM #1] to take him back to the scene of the accident and she did. The crash occurred in front of [100 BLOCK] Redwood Road. Deputy Cobb observed clear plastic consistent with the plastic on Mr. Gallegos vehicle laying in the roadway on the right side.
Deputy Cobb then began to transport Mr. Gallegos to the Whitfield County Sheriff’s Office. While doing so, Mr. Gallegos began trying to remove his hands from his handcuffs and put them in front of his body. Mr. Gallegos caused abrasions and bruising to his wrist by doing so. Deputy Cobb then stopped his patrol vehicle and removed Mr. Gallegos from the rear passenger compartment of his patrol vehicle. Deputy Cobb requested Sgt Spence to be en-route due to his handcuff key being jammed inside of his handcuffs.
Sgt Spence and Deputy Kadinger then arrived on scene.
Deputy Cobb then applied another pair of handcuffs to Mr. Gallegos. Deputy Cobb handcuffed him with his hands behind his back and checked the cuffs for proper fit. Deputy Cobb then placed him in the rear passenger compartment of his patrol car. Deputy Cobb transported Mr. Gallegos to the Whitfield County Detention Center and upon arrival, it was discovered Mr. Gallegos maneuvered his hands in front of his body again.
Deputy Cobb charged Mr. Gallegos with O.C.G.A. 40-6-391 (A1) D.U.I. of Alcohol less safe on citation number 314350, O.C.G.A. 40-6-40 Vehicles to Drive on Right Side of Roadway on citation number 315102, and O.C.G.A. 40-6-270 Hit and Run on citation number 315101. Deputy Cobb also issued Mr. Gallegos a Whitfield County Sheriff’s Office Courtesy Warning for being in violation of O.C.G.A. 40-2-8 Expired Tag. Deputy Cobb then issued Mr. Gallegos a DDS-1205 form.
Deputy Cobb turned Mr Gallegos over to booking staff without incident.
[End of Narrative]