Nicholas Tolbert (DOB 10/04/77) of Winter Haven was arrested on April 13, 2024 after a traffic complaint was called in about a car crashing into a mailbox on MLK Blvd NE and 9th St NE in Winter Haven. His tire blew and he crashed into a mailbox.
After being stopped by police, Tolbert was arrested on the charges of DUI Alcohol or Drugs and Failure to Maintain Vehicle Insurance.
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Offense(s):
- F.S.S. 316.193(1)- DUI Alcohol or Drugs
- F.S.S. 324.022(1)- Failure to Maintain Vehicle Insurance
Incident location:
Martin Luther King Boulevard Northeast/9th Street Northeast, Winter Haven, Florida 33881
Investigation:
“On 04/13/2024, at approximately 0226 hours, I, Officer V. Agostino, responded to Martin Luther King Boulevard Northeast/9th Street Northeast, Winter Haven, Florida 33881. This call for service was in reference to a traffic complaint. The caller advised Polk County Sheriff’s Office Dispatch that a vehicle’s tire blew out and the vehicle collided with a mailbox. The caller further advised the vehicle continued to drive down Martin Luther King Boulevard after striking the mailbox. Upon arrival, I observed a grey 4-door Chrysler bearing Florida tag #BV04SV, parked on the side of the roadway with its hazard lights activated.
Initial driver contact:
Upon making contact with the driver of the vehicle, Nicholas Tolbert (defendant), he advised me his vehicle tire blew out and he struck a mailbox. The driver was sitting in the driver seat of the vehicle, with the vehicle turned off at the time of contact. I requested the defendant’s driver’s license at this time. I further observed the front passenger tire to be be missing from the vehicle and damage to the right front fender. Officer Zimmerman observed the defendant’s vehicle tire and a damaged mailbox at 914 Martin Luther King Boulevard Northeast. I asked the defendant where he was coming from in which he advised a bar in Lakeland. The defendant further admitted to having alcoholic beverages. While speaking with the defendant, I detected the impurities of an alcoholic beverage emitting from his breath. I further detected the defendant’s speech to be slurred and his eyes to be watery.
After completing the traffic crash portion of the investigation, I advised the defendant I would be changing the hats from a civil crash investigation to a criminal DUI investigation. I read the defendant his Miranda Warning via an agency issued Maranda Warning Card. I requested the defendant to submit to Standard Field Sobriety Tasks in which he agreed to do.
Driver exiting vehicle:
The driver was unsteady on his feet when he exited the vehicle.
Walk to roadside:
The driver was swaying while he began walking to the sidewalk to perform the tasks requested…
…Post arrest:
The defendant advised he drank four shots of Hennesy. He further advised he currently does not have vehicle insurance. The defendant’s vehicle keys were located in his front left pants pocket.
I secured the defendant in my marked patrol vehicle and transported him to the Polk County Jail.
Upon my arrival to the jail, I began the twenty-minute observation period. Prior to conducting the twenty-mini observation period, I checked the defendant’s mouth which was clear. The defendant did not vomit or ingest anything during the observation period. The twenty minute observation period began at 0334 hours and ended 0354 hours. After the twenty-minute observation period was up, I requested the defendant to submit to a lawful test of his breath to determine the alcohol content, in which he initially denied. I then read the defendant Implied Consent, in which he then agreed to take the breath test. Polk County Sheriff’s Office Deputy Dawson #8631 conducted the BA for the defendant. Deputy Dawson utilized the Intoxilyzer 8000 for the BA test. At 0403 hour the defendant blew a 0.118, and at 0406 hours, the defendant blew a 0.121.
I issued the defendant a criminal citation for DUI and for Failure of Owner/Operator to Maintain Required Motor Vehicle Insurance. The defendant signed and fingerprinted both criminal citations.
The defendant’s vehicle was towed from the scene.”
