MITCHELL – A Paoli woman was arrested on Tuesday evening after a Mitchell Police Department officer initiated a traffic stop that led to suspicion of driving under the influence.
According to a Probable Cause Affidavit, Autumn Marshall, 48, was taken into custody and charged with operating a vehicle while intoxicated with a prior conviction.
On April 15, at approximately 11:40 p.m., Officer Cody Grogan of the Mitchell Police Department was patrolling northbound on State Highway 37 near Doc Hamilton Boulevard. Officer Grogan’s radar allegedly registered a red Chevrolet SUV traveling southbound at 65 mph in a 50 mph zone.
The affidavit states that Officer Grogan attempted to get the vehicle to slow down using his emergency lights. After the SUV passed, Officer Grogan reportedly switched to his rear radar and observed that the SUV did not decelerate, prompting him to make a U-turn. Upon following the SUV, Officer Grogan noted that it was allegedly unable to maintain its lane, repeatedly crossing the fog line.
According to the report, as State Highway 37 Southbound transitioned from four lanes to two lanes at Parks Implement Road, the driver allegedly failed to signal a lane change from the right to the left lane.
Officer Grogan initiated a traffic stop on State Highway 37 Southbound near the Lawrence and Orange County line. Upon approaching the driver’s side window, Officer Grogan stated he observed Autumn Marshall placing a mint or gum in her mouth. He also noted that her eyes appeared glassy and bloodshot.
A check of Marshall’s driver’s license through Lawrence County Dispatch reportedly revealed that her license was suspended due to an infraction.
Officer Grogan requested that Marshall exit the vehicle for questioning. When asked about her suspended license, Marshall allegedly stated she believed the issue had been resolved. Officer Grogan then requested Marshall to take a Preliminary Breathalyzer Test, which she agreed to.
The affidavit details that the first two attempts resulted in a “flow cut off,” with Officer Grogan suspecting Marshall was clenching her teeth. On the third attempt, with a new PBT tube, the result was reportedly a .126. Officer Grogan stated that he could smell the odor of alcohol mixed with a minty scent while Marshall was providing the breath sample. Marshall allegedly told the officer she had consumed alcohol approximately six hours prior.
Due to the presence of the mint or gum, Officer Grogan requested Marshall to spit it out, and a 15-minute waiting period was observed to ensure an accurate test result. During this time, Marshall reportedly contacted someone to pick up her vehicle, and Deputy Steven Britten of the Orange County Sheriff’s Department arrived to assist.
After the 15-minute wait, a fourth PBT attempt allegedly resulted in a .125. Officer Grogan stated he could smell a strong odor of alcohol during this test.
Officer Grogan then read Marshall the Mitchell Police Department’s OWI Implied Consent Warning Card, and she reportedly agreed to a blood draw.
As no one arrived to retrieve Marshall’s vehicle, Deputy Britten contacted Lawrence County Dispatch for a tow truck, and Jackson’s Heavy Haul responded.
Marshall was subsequently taken into custody and transported to IU Health Bedford for a blood draw. Following the blood draw, she was transported to the Lawrence County Jail.
All individuals are presumed innocent until proven guilty in a court of law. This article is based on the information provided in the Probable Cause Affidavit and does not represent a final determination of guilt or innocence.
