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BY: STAFF REPORT | BocaNewsNow.com

BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2022 MetroDesk Media, LLC) — A 74-year-old woman with an assortment of pills, brownies, and admitting to drinking vodka at Boca Raton’s “Funky Biscuit” was arrested and charged with DUI after she drove over a median on Federal Highway and got stuck.

Now, Edith Demay-McGuinness of Harbourside Drive in Delray Beach is charged with DUI and drug possession following her arrest by Boca Raton Police. Read the very specific police narrative filed by the arresting officer and just processed by the Palm Beach County Clerk of Courts:

On 08/22/2022 at approximately 2330 hours, I responded to the area of 800 N Federal Hwy as a backup officer to Lt Graham. Lt Grahan advised while patrolling the area, he observed a gray Jeep bearing facing Northbound, straddling the median with driver side tires on the Southbound lanes of Federal Hwy and passenger side tires on the Northbound lanes of Federal Hwy, in violation of F. S. S. 316.090 (2) Driving over Median Barrier. Lt Graham observed the white female driver seated in the vehicle with observed a white female driver in the driver seat with the vehicle on and running and keys in the ignition. She was the only occupant in the vehicle. It should be noted that there was no observable damage to her vehicle or property damage exceeding $500.

I made contact with the driver, who was identified by her FL DL to be Edith Demay-McGuinness. Demay-McGuinness advised she was trying to go home driving Northbound on Federal Hwy, when she swerved her vehicle over and ended up on the median. She advised she was heading to her residence in Delay Beach. She advised she was coming from the Funky Biscuit, a local bar here in Boca Raton. I asked Demay-McGuinness if she was suffering from any medical episodes or required the paramedics, and she advised she did not need any paramedics. It should be noted that Demay-McGuinness had already provided Lt Graham with her FL DL. Upon me speaking with her, Demay-McGuinness began reaching inside her white backpack and asked if she had given me her driver’s license.

I observed Demay-McGuinness to have bloodshot glossy eyes, and I could smell a strong odor of an unknown alcoholic beverage emanating from the driver side window and her person as she spoke. I asked Demay-McGuinness if she had any physical injuries, and she advised she did not. Demay-McGuinness advised she only had one vodka drink while at the Funky Biscuit just before I encountered her. She also advised she takes numerous prescribed pain medications, and last took one this morning.

Due to being in the middle of the roadway, I asked Demay-McGuinness to step outside of her vehicle to speak with me. Demay-McGuinness then willingly stepped outside of the vehicle but kept attempting to bring her white backpack and belongings with her. I advised her to leave these belongings inside the vehicle, but she insisted on bringing her cellphone. She then walked over to a safer, flat, dry, and well-lit area that was blocked by two marked police vehicles with emergency lights on. Demay-McGuinness was very talkative and became repetitive with her responses while I spoke with her. I became concerned that Demay-McGuinness had been operating a motor vehicle while impaired by alcohol and/or a chemically controlled substance.

I asked Demay-McGuinness if she would be willing to perform a series of field sobriety tasks to dispel my alarm that she was under the influence. Demay-McGuinness would change (the) subject and made multiple attempts to call someone on her cellphone after I had given her multiple commands not to make any phone calls while speaking with me, as it was interfering with my DUI investigation. Demay-McGuinness continued to try to make phone calls and attempted to negotiate with me by saying if I let her use her phone or call her husband, she would do the tasks. After Demay-McGuinness would not answer my question of whether or not to perform the field sobriety tasks I informed her of her Taylor Warnings, which include that her refusal to participate in the voluntary tasks would force me to make an arrest decision of whether or not she is impaired based on everything else that I have observed, and her refusal can be used against her in court as evidence.

After, informing Demay-McGuinness of this, she ultimately agreed to participate in the tasks. I explained and demonstrated each task before she performed then. The first task was the Horizontal Gaze Nystagmus. Demay-McGuinness advised she did not have any issues with her eyes other than using glasses to see. She advised she was able to see the tip of the pen. I explained the task and Demay-McGuinness advised she understood. After multiple attempts, Demay-McGuinness would continue to move her head to follow the tip of the pen. I reminded her not to move her head and keep it straight, but she continued to move her head. With one attempt, she kept her head straight and I was able to observe distinct and sustained nystagmus in both eyes at maximum deviation. She was also unable to track the tip of the pen with her eyes; there was a lack of smooth pursuit in both eyes.

The second task was the Walk and Turn. I explained and demonstrated this task multiple times. Upon asking Demay-McGuinness if she had any questions, she would state, “yes,” but then make a statement unrelated to the task, such as calling her husband.

I would ask her multiple times if she had any questions, and she would continue to say “yes,” then again state unrelated statements. She eventually advised she understood, the task After placing her in the starting position, she would move from the starting position and step off the line. It should be noted that the solid yellow line and surface surrounding it was flat and dry, but she claimed it was slippery.

Once I told her to begin, she took 13 steps forward, not keeping heel-to-toe like I instructed. She then turned around improperly and took 16 steps back. She also raised her arms to balance, did not look at her feet as she walked, and she did not count her steps out loud. After taking 16 steps back, she then turned around again and took 3 steps forward, until I informed her to stop The third and final task was the One Leg Stand. I explained and demonstrated this task multiple times. Demay-McGuinness would attempt to start the task before I told her to.

Once I told her to begin, she raised her right leg and balanced on her left leg. She raised her arms up like an airplane to balance and did not count out loud. She was also swaying the entire time At this point, Demay-McGuinness advised she did not wish to continue with any additional tasks and began to negotiate with me again. Based on the above information, I developed probable cause to arrest Edith Demay-McGuinness for DUI. I handcuffed Demay-McGuinness, checked for tightness and proper fit, and then conducted a search of her person.

I then placed her into my marked police vehicle. While Ofc Williams stood by with Demay-McGuinness, I then conducted an inventory search of the vehicle which was being towed by Emerald Towing. Inside of a pocket of the white backpack that was left on the driver seat, I located a small white floral container containing two white oval pills labeled “M523” on one side and “10/325” on the other side. Also, inside this white floral container, I located three white circular pills labeled “TEVA” on one side and “3925” on one of the two sections on the other side. Inside of another pocket in the same white backpack, I also located a clear Ziploc containing five brown circular brownies that are each vacuum-sealed individually. I collected all of these items as evidence.

I then transported Demay-McGuinness to the BRPD booking facility to obtain a breath sample. Ofc Horne responded as the BAT operator. A 20-minute observation was conducted on Demay-McGuinness, and then she was taken into the BAI room. I requested a breath sample from Demay-McGuinness to which she refused. I then read Demay-McGuinness her Florida Implied Consent Warnings. Demay-McGuinness advised she understood. I then requested her to provide a breath sample, but Demay-McGinness then began negotiating again by saying if I remove the handcuffs, she will provide the breath sample. I advised her that we cannot remove the handcuffs, and I needed her to answer “yes” or “no.” Demay-McGuinness would then change the subject. Demay-McGuinness was then informed that her not answering me will be taken as a refusal. Demay-McGuinness then continued to not answer. I then determined that Demay-McGuinness refused the breath test.

I then read Demay-McGuinness her Constitutional Warnings, and she advised she understood and agreed to answer my questions. I then asked her about the white pills we found inside her backpack. She advised she was aware of those pills, and she takes the Oxycodone for back pain. She also advised the diazepam is old and she does not take those anymore. She advised she has prescription bottles for both, but they are at home. I also asked her about the brownies, and she advised it was “garbage,” but she made them a long time ago. Ofc De La Rua contacted poison control. A poison control specialist advised that the two oval white pills labeled “M523” on one side and “10/325” on the other side was Oxycodone/Percocet, a schedule II narcotic, She also advised the three circular white pills labeled “TEVA” on one side and “3925” on one of the two sections on the other side was Diazepam, a schedule IV narcotic. I weighed the two Oxycodone/ Percocet pills to be 1.1g and the three Diazepam pills to be 0.5g. I also weighed the unknown brownies to be 193.3g in a bag. I submitted these into BRPD evidence for further testing.

Edith Demay-McGuinness is being charged with DUI pursuant to F. S. S. 316.193 (1) (a) and possession of Oxycodone and possession of Diazepam.

Delay-McGuinnes was held on $3,000 bond which she posted. A court date is pending.

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