The officer testified Swagger was driving 10 mph faster than the speed limit in a rental car when he stopped him on Lorraine Road at 11:29 p.m., adding he smelled burned marijuana.
Swagger did not testify, but in a video recorded by a patrol car camera, he told the officer he was on his way to New Orleans and had smoked some marijuana before he left the Coliseum. The officer said he saw a few pieces of marijuana in Swagger's lap.
"I know I (expletive)-ed up," he told
the officer. "I apologize, man."
Judge Felicia Dunn-Burkes suspended a two-day jail sentence for six months of good behavior, but fined Swagger $1,000 plus $300 in court costs for the DUI conviction.
DUI officer Louis Garcia, assigned to Gulfport's traffic division, testified Swagger had handed him his credit card when Garcia asked for his driver's license. Garcia said he smelled burned marijuana, and Swagger's speech was slow, his eyes bloodshot and watery, but he was "cooperative, nervous and talkative."
"He was just as docile as a gentleman can possibly be," Garcia said.
The video showed Swagger taking a field sobriety test in 44-degree weather on a roadside just north of Morningside Drive, an area south of Interstate 10. Garcia described the test as a "walk and turn" while counting and a one-leg stand, also while counting.
Swagger stumbled a few times while waving his arms in the air to balance himself and stood on one leg.
"It was probably by far one of the worst I've ever seen as a DUI officer for under the influence of marijuana," Garcia said.