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A Leesburg man with a medical marijuana license became hostile when he was arrested for driving under the influence of marijuana.
An officer noticed that the driver of a black Cadillac SUV, later identified as 44-year-old Joseph Ardist Walker, appeared to be drifting inside his lane on U.S. Hwy. 27/441 around 12 a.m. Tuesday, according to an arrest report from the Fruitland Park Police Department. As the officer approached, the vehicle suddenly slowed down to 35mph in a 50-mph zone. It then sped back up, continuing to drift within the lane before its left side crossed the yellow line south of South Grays Airport.
Joseph Ardist Walker
The officer initiated a traffic stop using overhead lights near Lake Ella Road. The vehicle slowed down but continued northbound to Hartsock Sawmill Road, where it pulled into the left turn lane and abruptly parked. This caused the brakes to make an audible metal noise, the report said.
Upon approaching the vehicle, the officer immediately noticed the smell of marijuana coming from inside. He spoke with Walker, who quickly handed over his driver’s license and medical marijuana card. He also asked for Walker’s registration, to which he provided a receipt for registration from the tax collector’s office and another paper that was the registration, the report said.
The officer saw Walker’s eyes were bloodshot and asked when he last used medical marijuana, and he responded about an hour and a half ago. He gave the officer permission to search his vehicle without being prompted. When he was asked to step out of the vehicle, he used the door for support before stumbling away to stand in the roadway, the report said.
After several attempts to direct Walker, he eventually walked to the front of the patrol vehicle. He had a visible sway in his steps as he did so, causing a wide stride, the report said.
While searching the vehicle, the officer found a shoebox behind the driver’s seat which contained Walker’s medical marijuana resin and smoking devices. An officer with the Lady Lake Police Department checked the medical marijuana registry and confirmed Walker was prescribed to use smoking, edible and topical marijuana, the report said.
The officer returned to Walker and told him the paraphernalia in his possession was lawful under his medical marijuana card. He believed Walker was under the influence of marijuana and asked him to participate in field sobriety exercises. The report noted he had been cooperative up to this point but became agitated and argumentative.
Walker ultimately agreed to do the exercises, during which he forgot instructions, lost his balance and struggled to focus. Due to indicators of impairment, he was placed under arrest and taken to Lake County Jail for the booking process. He became increasingly hostile toward the officer and jail staff, the report said.
The officer tried to ask for a breath sample, to which Walker repeatedly yelled and advised that he “passed the tests.” He tried to read Walker implied consent, but he continued to yell about the marijuana. His behavior was documented as refusal, the report said.
While Walker yelled, he began walking toward the holdings area, away from corrections officers. He was then escorted into a holding cell due to his behavior. His actions prevented the officer from reading his rights, but he continuously stated he no longer wanted to talk and that he “pleads the fifth,” the report said.
The Michigan native was charged with DUI and issued a written warning for failure to maintain a single lane. Bond was set at $1,000.
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