The affidavit obtained from Hargrove’s office stated that Lumpkin told Deputy T.S. Powell “that all of the passengers had been drinking and smoking marijuana earlier at a pond before the crash occurred. Mr. Lumpkin also told Deputy Powell that he looked over the driver’s shoulder and could see that they were doing 55 in a 45 mph zone. This was some time before the crash occurred.At the crash scene, Deputy Powell detected a strong odor of an alcoholic beverage coming from the vehicle, and there was a large amount of beer cans found inside the vehicle. They were observed by Deputy Powell. The driver was identified as Nikolas Seth Fleming by Mr. Lumpkin and by Deputy J. Hall who was the first deputy on scene and found Mr. Fleming located behind the driver’s wheel. Deputy Hall could smell a strong odor of an alcoholic beverage about the person of Mr. Fleming.”