On Saturday February 15th, 2025, at approximately 8:45 p.m, I Officer Robbins, while on patrol at the location of N Lincoln, observed a white four door car, without headlights or taillights go through the intersection of Arkansas & Lincoln, heading S on Lincoln. I then activated my emergency lights and siren while attempting to catch up to initiate a traffic stop. I observed the vehicle headlights and taillights come on and the vehicle cross the left of center twice around the Lincoln & Highway 11 intersection. While approaching GoodFellow Road, the vehicle crossed through the turning lane into Northbound traffic lane before turning onto GoodFellow Road. After turning onto GoodFellow Road, the driver drove the vehicle off the road into the grassy ditch and back onto the road.
I approached the vehicle on the driver’s side and stated my name, department, and reason for the stop, which was on the highway with no lights after dark. While asking the driver, identified as Adam Moody, for his license, registration and insurance, Moody stated “We’re good”. “We are going home on Longview”. I observed Moody to have very bloodshot and watery eyes, a very strong odor of intoxicating beverages, and his speed to be very slow and slurred. I asked Moody if he had any alcoholic beverages tonight, to which he stated, “My insurance is current and we are fine, going home.” Moody then stated, “Yes I have had some shots, I’m fine, we are going home.” I then asked Moody to step out of the car. After almost falling while getting out, Moody had to hold onto the car to stand up. I asked Moody to walk back to my patrol car. He was very off balance and staggering and had to lean and hold on to the hood of my car to stand. I then placed Moody into handcuffs and under arrest for suspicion for DWI. Moody stated, “I am not Intosipated, I will do a sobriety test.” I then advised Moody that he will be transported to the Lincoln County Jail to do Standardized Field Sobriety Test due to the conditions of the road not being safe to do so there. I then radioed Lincoln County Dispatch to send Rick’s Towing to my location to impound the car due to not being able to leave it in the roadway.
Once we arrived at the sally port of Lincoln County Jail, I asked the jail to lower the doors before testing began. I then explained to Moody that he would be doing a series of test, and he stated “ok.” I then placed Moody into the instruction phase, with his hand by his side and feet together and not move until instructed to do so. I asked Moody if he wore contacts or glasses or had any other medical reason why he would not be able to conduct the test, to which he stated “No” to all. I then advised Moody he would be taking the HGN, Horizontal Gaze Nystagmus Test, and we would be using a pen style handcuff key as a stimulus. Moody stated that he could see the tip of the stimulus clearly. I then advised Moody again to follow the stimulus with his eye and the eyes only as we were going to begin the test. I then checked for equal pupil size, tracking, and had no resting Nystagmus. I then checked for lack of smooth pursuit in both eyes. I then checked for Distinct and Sustained Nystagmus at Maximum Deviation and then Onset of Nystagmus Prior to 45 Degrees. I observed Moody remained with his feet apart and swaying during the entire test. I then checked Moody for Vertical Gaze Nystagmus, to which he still remained with feet apart and swaying.
The results of the test displayed 6 out of 6 possible clues.
- A lack of smooth pursuit in left eye
- A lack of smooth pursuit in right eye
- A Distinct and Sustained Nystagmus in left eye at Maximum Deviation
- A Distinct and Sustained Nystagmus in right eye at Maximum Deviation
- An Onset of Nystagmus in left eye Prior to 45 Degrees
- An Onset of Nystagmus in right eye Prior to 45 Degrees
I then advised Moody that we would be doing the walk and turn test. I told Moody to use the line in the concrete and place his left foot on that line and then place his right foot in front of left in a heel-to-toe manner. Moody could not place his feet heel-to-toe and as extremely off balance. While trying to explain the test to Moody, he started the test early and took 10 steps that were not heel-to-toe and then asked, “What do I do now?” I then placed Moody back in the instruction phase and explained the test, which is take 9 heel-to-toe steps, on the ninth step, leave your lead foot on the line and use the other to make a series of small steps to turn around and take 9 more heel-to-toe steps back. I then demonstrated the test for Moody and asked if he understood the instructions and test, to which he stated “Yes.” Moody began the test and did not make any heel-to-toe steps on any of the eighteen steps and continued to raise arms to balance.
The results of the Walk and Turn Test displayed 8 of the possible 8 clues :
- Loses Balance
- Starts too soon
- Uses arms to balance
- Stops while walking
- Wrong number of steps
- Improper turn
- Misses heel-to-toe
- Steps offline
I then placed Moody in the instruction phase for the One Leg Stand Test, which was hands by his side and feet together. I then explained to Moody when he begins, to raise one leg of his choice, keeping raised foot approximately 6 inches off the ground and keeping it parallel to the ground, while counting out loud one thousand and one, one thousand and two and so on until instructed to stop. Moody stated he understood. I then demonstrated the test for Moody. Moody stated he understood and began the test. During the test Moody was swaying, raising arms and bending over, all in an attempt to keep balance. Moody also began hopping while doing the test, landing several feet away from the test began.
The results of the One Leg Stand Test displayed 4 out of the possible 4 clues.
Sgt Fallis 02/17/25 (inital) On Saturday Feburary 15th 2025, at approximately 20:45 hours (8:45 pm) I, Sgt Fallis, was requested to assits patrolman Robbins with a person who was possibly driving under the infulnce of an intoxicant. Upon my arrival to the Lincoln County Jail, I observed a white male, identified as Adam Moody. Moody had a strong odor of an intoxicanting beverage coming from his person, his eyes were bloodshot and watery, he was slurring his speech, sounded as if he had a thick tongue, was extremely slow to respond to questions and was extremely slow with his repsonses.
- Puts foot down
- Uses arms to balance
- Sways while balancing
- Hops
Moody was taken inside Lincoln County Jail where Sgt. Fallis observed him until the BAC test. As a result of the BAC test, Moody was charged with DWI, driving left of center and no lights after dark.
Sgt Fallis 02/17/25 (inital) On Saturday Feburary 15th 2025, at approximately 20:45 hours (8:45 pm) I, Sgt Fallis, was requested to assits patrolman Robbins with a person who was possibly driving under the infulnce of an intoxicant. Upon my arrival to the Lincoln County Jail, I observed a white male, identified as Adam Moody. Moody had a strong odor of an intoxicanting beverage coming from his person, his eyes were bloodshot and watery, he was slurring his speech, sounded as if he had a thick tongue, was extremely slow to respond to questions and was extremely slow with his repsonses.
Moody was unsteady on his feet while walking and while standing was swaying. At one point Moody began swaying bad enough that he used a pole to try and steady himself. Prior to standardized field sobriety test, Officers Robbins asked if Moody wore glasses or contacts, which he denied, and also asked if he had any medical problems that would prevent him from taking the series of tests, including problems with his legs or feet.
I backed out of Moody’s field of view and observed Patrolman Robbins conducting standardized field sobriety testing. Officer Robbins began with the horizontal gaze nystagmus (HGN) test and explained how the test was going to be conducted and what was expected of Moody. While conducting the HGN Moody did not stand as instructed, which feet together and hands by his side. He was standing with his feet apart and swaying.
Officer Robbins then conducted the walk and turn test. Officer Robbins began by explaining the test and demonstrating how the test was to be conducted. Prior to beginning the test Moody started the test and walked ten steps and then said, “What do I do now.” Officer Robbins placed Moody back into the instruction position, which was his right foot in front of his left foot with his hands by his side. Moody continued swaying and raising his arms to balance himself. Moody was instructed to take nine heel-to-toe steps, take a series of small steps turning around leaving his left foot planted, place his right foot back heel -to-toe, and another nine steps back. Moody stepped off the line and did not walk heel-to-toe all of his eighteen steps. Moody also raised his arms to balance himself while walking.
Officer Robbins then conducted the one leg stand. Officers Robbins began by having Moody stand with his feet together and hands by his side. Moody was unsteady, swaying, and raising his arms to balance himself. Officers Robbins instructed and demonstrated the test for Moody. Moody began the test and began hopping, bending over, and swing his arms in an attempt to get his balance. Moody hopped approximately fifteen feet from where he began the test.
We then took Moody inside the Lincoln County Jail to perform the BAC test. I began my observation period at 2125 hours. While waiting Moody advised he had, “a couple of shots,” then advised that he drank, “Jim Beam.” Moody then advised, “I’m not drunk; I’m fine.” Moody was read the Arkansas Statement of Rights, during which he laid his head down on the counter and fell asleep. I then asked Moody if he understood all parts of his rights, I summarized what the rights stated, and Moody acknowledged both verbally and by initialing everything read to him that he understood. Moody was then advised he was going to be requested to give a sample of his breath to determine the alcohol concentration. At 2150 hours, Moody acknowledged that he did want to take the test. Moody provided two breath samples using the Intox EC/IR-ll, which provided a result of .14 at 2158 hours. At 2202 hours, Moody was advised of the results of the test and advised we could assist him in obtaining another test at his expense if he chooses, and Moody denied wanting to obtain another test.
