Dalton man facing with DUI and child endangerment charges after officer notices child not restrained
According to a Dalton Police Department incident report on Saturday December 21, 2019 while Dalton Police Officer Fouts was patrolling the area of Glenwood Avenue & East Tyler Street he observed a white Nissan truck drive southbound past him. Officer Fouts stated, "[I] observed a small child sitting between the female passenger, later identified as Maria Escobar, and the passenger door". According to the officer the child did not appear to be in any kind of child safety seat or even wearing a seat belt. Officer Fouts conducted a traffic stop on the vehicle at Glenwood Avenue and East Hawthorne Street. The officer made contact with the driver identified as Miguel Velasquez Figueroa, 45, of Dalton advising him of the reason for the traffic stop. Officer Fouts then noticed the strong odor of an alcoholic beverage coming from inside the vehicle. Officer Fouts stated, "[I] asked Miguel if he had anything to drink and how much". officer Fouts then advised both Miguel and Maria that he detected the odor of an alcoholic beverage coming from inside the vehicle and asked both of them if either had been drinking. Miguel advised him that they were drinking at his house but nobody in the car had been drinking. They advised the officer the child was eight after he asked them. Officer asked Miguel for his drivers license, and he advised him that he did not have his wallet on him. Officer Fouts asked for another unit non-emergency via Whitfield 911. Officer got Miguel's information and ran him through NCIC/GCIC where he returned all valid no warrants. Officer Pendegrass arrived on scene and asked Miguel to step out of the vehicle to conduct field sobriety testing. Officer Herrara completed the field sobriety testing in Spanish so that Miguel could understand the instructions. According to the report the results are as follows: "Could not keep balance during instructions steps off line incorrect number of steps improper turn uses arms for balance stops while walking". "When he hit his tenth heel to toe step then he made an improper turn and started doing heel to toe steps backwards". On the one leg stand Miguel used his arms for balance put foot down at least three times.
Officer Fouts then asked Miguel to blow into a handheld Alco-Sensor where he agreed blowing a .09 BRAC. I placed miguel in handcuffs which were checked for fit and double locked. Miguel was read Implied Consent for breath. Miguel agreed to conduct the state testing. Miguel was arrested and transported to the Whitfield County Jail where he took the state test for breath. The test results indicated a BRAC of .09. Miguel was charged with DUI, DUI child endangerment, child safety seat, and driving without license on person.