Per Cobb County Police Reports, James Smith of Smyrna, Georgia, was cited for following too closely after an accident on Favor Road in Marietta.
Smith told officers that he was traveling southbound on Favor Road when he observed a vehicle driven by Pablo Fernandez attempt to turn left before coming back to turn right towards a residential driveway. Smith's vehicle would end up in a ditch where Cobb County Fire Department and Metro EMS would have to extract him from his vehicle.
Fernandez told officers that he was attempting to turn into his residence on Favor Road when Smith's car struck his car on the passenger side.
According to the police report, there were multiple mini alcoholic bottles and a half full bottle in the back of Smith's vehicle. He refused to answer when asked if he would take a breathalyzer test. The reporting officer did not smell any alcohol nor observed any other signs that he was impaired. Smith was ticketed for following too closely and for violation of having an open container in his car.