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- en
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- 2026-10-22 22:39
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dispatch receipt hello Deputy Harrison from the county sheriff's office are you lost or something yes I've never been in this town and I have my maps pulled up and I'm trying to take that exit and it told me to turn there and then I realized I couldn't turn there so I tried yeah all I saw was like you make a left then randomly reenter the intersection and go back where are you coming from um so I live in Daytona I was coming from um uh down by I was at the dog bar earlier and then we were down on um I don't even know the street I'm not from this like this area so I okay whose vehicle is this this is my mom's okay driver's license registration insurance please Dog Bar what is that um the Good Times Dog Bar I was there earlier and then I was just at Johnny D's and I was OK how much you had to drink tonight I have like two two what two margaritas when like huh like um I well I just left from there so like within an hour ago 30 minutes ago yeah okay uh registration insurance please how old are you 20 I'm 22 I'll be 23 in may you mind stepping out real quick then just grab your registration there's no guns in the vehicle or anything no not at all so that should be the registration cool this is the insurance do you have the registration that's not it I might have it on my phone I don't okay just you might just step it out real quick make sure the dog doesn't run away or nothing you can leave the dog in the vehicle for now man's walking over the front of my vehicle please oh be careful alright so how much you said you had to drink I had two margaritas at um Johnny D's OK what are those two shot things that are on the ground in the vehicle shot thing all those little plastic cups oh those are from Starbucks those are old pop cups from my dog from like they're literally I can they probably have a Starbucks logo on them I promise you okay and how big would you say that margaritas are the reason I'm asking is cause your eyes are a little bit watery they're a little bit red uh like I said like I'm driving westbound on 100 there and I just see I see you make a left turn I believe the light was even red and oh cause the straightaway was green and then the left turn was red then you just reenter the westbound lane from the middle of the intersection and then after you make your U turn here you kind of drift over this uh solid line here so I just want to make sure you're not impaired or anything no I definitely had some drinks but really I don't know this area and I was trouble reading my maps and my maps was telling me to turn somewhere and then I was going and then I was I saw the do not enter so I was like do not enter so oh so you almost went the wrong way is what you you were gonna go down yeah cause I was trying to take this exit cause I live in Daytona so I'm trying to get back to Daytona sure Alrighty stand by Delta 2 21 Fowler Delta 2 twenty one that's like it's not impossible so no one alright so yeah so like I said you're showing me some indicators of you know minor indicators of impairment like I said glassy watery red eyes you know driving the wrong way and is abruptly reentering traffic and stuff like that so I want to do some field sobriety exercise on you make sure you get to drive you're gonna do that yeah OK there's no weapons on you or anything no okay I wanna wait for another deputy to get here it's a female deputy uh we'll get this thing going uh real quick are you diabetic or anything no primary okay do you have any back problems no OK why are you crying she's anxious and I feel like we're very often so I don't know well I mean if you're not you know impaired we got nothing to worry about I'm not here to ruin your day or anything but we go through some exercises if you if you're good you drive out of here you know I won't even give you a ticket for anything uh step 4 however if you do display the indicators of impairment then we go another route you know it's really that simple how are you feeling right now um fine just upset and nervous okay no need of you know we're all good uh you said do you wear glasses or contacts I wear contacts are you wearing them now yes okay you wanna keep them in if you see you need them please yes please yeah okay what was like for this female deputy and we got to show on the road you might not we'll just go over here on the sidewalk where it's pretty level let's go over here go over here please can you just park over here and uh just turn your take downs on so we could see alright just take a breath there's no need to be nervous or anything I just I don't know like if I have to go somewhere I don't have anyone to take care of my dog well nobody said you're going to jail right now like I said I know I know I'm just like I don't I don't know I've never done this before are you willing to participate in standardized field sobriety exercises yes I just the only person I have here I'm not from Florida and the worst case scenario if you are for whatever reason arrested we would take your dog to the Humane Society and they would just be kept there until you're released or someone could get them alright so uh real quick you said you have no back problems or anything no traumatic brain injuries alright uh no traumatic ear injuries or anything no nothing that affects your normal ability to walk or stand or do anything nothing that affects your like equilibrium no you said you were contacts and you're not diabetic correct OK do you mind just standing with your feet together heel to heel toe to toe facing me 2:21 flag we're starting field trip alright so what what I want you to do is put your hands out to your sides like this alright you see the tip of this pen can you touch the tip of this pen with your finger well put your finger back so I want you to follow the tip of this pen with your eyes with your eyes only alright do you understand that uh huh so do not move your neck your body or your head just follow with your eyeballs you understand alright I keep falling for him alright next we're gonna do the uh walk and turn you can relax for now alright for this exercise we don't have a uh I have tape do you want tape uh yeah sure just take a breath I mean you mean I'm sorry if you freak yourself out you're gonna you know I know I'm sorry Alrighty uh if you don't mind if you could just stand here at this here this line here so what we're gonna do now is the walk and turn for this exercise just listen for now what you're gonna do is you're gonna put your left foot forward on the on our line here not yet with the heel of your right foot touching the toe of your left foot just like this alright with your hands down at your sides do you understand that this is the starting position do you understand yup can you get in the starting position please like this yeah keep your hands out to your sides alright so while in the while when I tell you to don't do it yet you're gonna take 9 heel to toe step get back in that position please when I tell you to you're gonna take nine heels to toe steps on our line here alright it's gonna look like this one two three and so forth until nine to turn around you're gonna take a series of small steps keeping your lead foot on the line it's gonna look like this you're gonna continue back down until 9 you understand that alright once you start walking do not stop until you complete the exercise count each step out loud and look down at your feet ensure each step is heel to toe make sure that the heel touches the toe alright and uh keep your hands out to your sides if you have any questions about the exercise please get back in the starting position unless can I take a a breath I'm sorry sure I'm I'm sorry are you ready to begin I guess I don't know do you have do you have any questions about the instructions no I just feel really anxious you guys I'm sorry y'all hear this all the time I get it it's okay whatever okay so put your foot in front there you go ready begin like heel to toe like this do you want me to go back do you want me to reexplain the instructions or do you have any questions heel to toe for nine you're gonna take nine heel to toe steps on the line you're gonna count each step out loud and look down at your feet once you start don't stop until you complete the exercise to turn around you're gonna take a series of small steps keeping your lead foot on the line then you're gonna return back and take nine steps do you have any questions you do you need a demonstration no alright you may begin what do you want me to count I'm sorry just continue as you were instructed okay I'm sorry I can't think about it alright next we're gonna do the uh one leg stand for this exercise what you're gonna do is you're gonna uh choose either leg left or right you're gonna raise it 6 inches off the ground or the height of a soda can alright it's gonna look like this you see how my foot is parallel to the ground alright so it's not like this or like that or it's parallel to the ground you understand alright while you're in that position you're gonna count out loud in the following manner 1000 one 1 thousand two 1 thousand three and you're gonna keep on counting until I tell you to stop excuse me do you understand that yeah alright uh if your foot touches the ground immediately pick it back up and just continue where you left off keep your hands out to your side and look down at your feet do you understand the instructions as I've explained them yes alright you got it alright you may begin 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1,012 1,013 1,014 1,015 1,016 1,017 alright stop alright so lastly what we're gonna do is the finger to nose exercise so for this one we're gonna have your stand with your feet together heel to heel toe to toe alright you're gonna have your index fingers pointed out don't do it yet I'm just demonstrating uh when I uh tell you to you're gonna bring the hand I direct upward and touch the tip of your finger to the tip of your nose immediately bring your hand back down to your side after instructed to do that for example uh during this exercise your eyes will be closed your head will be tilted back so it'll look like this left except your eyes will be closed and your head will be tilted back alright do you have any questions about the instructions alright close your eyes head tilted all the way back all the way like yeah like that yeah index fingers pointed out alright ready left immediately bring your hand back down to your side right left right right left all right so you did show in the case of impairment you are going to jail for DUI you don't run your bag just clasp them like you're praying and call her 10:15 what about my what about we're gonna take it to the Humane Society no way yeah unless you have someone nearby that can take I don't I don't have anyone OK then we're gonna take it to the Humane Society and then you can contact them in the morning and retrieve hold on let me lock these cuffs up what's your question I don't have any like I don't have anyone around here it's like I don't I'm not from your male family where's your where do you live in Daytona I live by like the race I live on Billy me by the race track my boyfriend he's out of town he's in Nashville and he's the only one that I know here and then my my family is all my I have a mom my mom is in Georgia and then the rest of my family is in Illinois I don't Delta 2:21 Delta I would ah so yeah so we're gonna 10 eighty one rotation for the vehicle so we're gonna tow the car uh all that information is gonna be on your arrest affidavit and then the dogs are gonna go to the Humane Society all right and so we're here it's in it's like 15 minutes to drive from here so all that information will be on the arrest paper so we gotta search it and we're gonna get you going already no please I no no we're not waiting we take the law enforcement serious around here I get that OK I'm gonna search in the right clip no but wait OK I can I can I get my boyfriend's number out of my phone yeah we'll grab all that well you'll be able to go through your phone to get numbers I don't even have my mom's number she got a new number and I don't have it you don't have your mom's in your cell phone I have it in my phone I just don't you'll be alright well you'll be able to go through your phone and get phone numbers at the jail assuming your behavior is you know adequate I'll be I'll be fine I don't know I'm just scared I get it um yes sir what's your phone number and what's the dog's name Tito t I t o what kind of dog is it he's a dachshund dachshund and it's a male yes he's like he's friendly he's friendly he's friendly OK we love no no no no no no fuck off fuck me fuck me is that what time it is hello can I know where my dog is he's in the vehicle I'll give you the address to the Humane Society or I'll put in the arrest report I'll put in the arrest report well what can I like when will I be able to get him cause I don't as soon as you're released you can do you know when that will be I don't have anyone it's 8 hours you can bond out 8 hours from now first appearance will be in the morning you're very monotone sir huh you're very monotone I'm monotone yeah yeah I know is that how you normally are when I'm working I gotta I just try to keep it unbiased and professional okay this has never happened to me I would just yeah I saw you never been arrested before yeah I just it would be nice to have comfort I guess I don't know this is scary I know you don't really seem to care I guess that's your job what was that I just it seems like you don't really care like I guess that's your job I don't know not care but uh for what it's worth I don't want I don't want to take you to jail you seem like a nice little girl but you know I can't I don't I never have a leeway with DUI so to me it doesn't matter how nice you are like I have I'm gonna do my job no that's fair that's fair that's good I just I'm really just worried about my dog he's no he's my dog he's my baby we're not gonna take your dog away or anything it's just gonna go to Humane Society and I just don't have anyone here right now to take care of me if this was a different time I would have my boyfriend to I would feel safer cause I he's in town but he's out of town and I I'm really just scared cause I have no family and like absolutely nobody I'm really scared you'll be you'll be able to call them when you get out of jail they'll they'll let you go through your phone to call the people that you know was there no way for me to get like picked up tonight and just don't was that never an option so that's that's what I'm saying like like I said I think you're a nice young lady but I I never ever like I don't I never give people breaks on DUI so if I all of a sudden do it for you then I do all my duis the same I'm really I'm like super I'm really scared like am I gonna be by myself or am I gonna be with somebody I just want to go home I really just want to go home my dog he's really he gets really scared is he gonna be they're not gonna put him with other dogs are they like no no no the only thing I hear about the Humane Society is that they that's where you want to put your dog down so no we're not gonna kill your dog I fucking hope not we're not gonna take your dog away we're not gonna kill him we can't you can't watch him so we have to sell to you something that you know not with them I have a genuine question I'm just curious I'm not being mean or anything like do you guys get like brownie points or something when you bring somebody to jail I really I just really wondered no oh OK yes do it yes it was all cause like at work I get brownie points if I sell certain things uh brownie points I wouldn't say brownie points I mean if I if you had like 10 kilos of cocaine I'd get some props for it well yeah but don't do that ON APRIL 4TH, 2025 A FLORIDA SHERIFF'S DEPUTY STOPPED A 22 YEAR OLD MOTORIST AFTER OBSERVING AN ILLEGAL U TURN AND A DRIFT OVER A SOLID TRAFFIC LINE TWENTY FIVE MINUTES OF BODY CAM FOOTAGE LATER SHE WAS UNDER ARREST FOR DUI AN ENCOUNTER THAT DEMONSTRATES HOW FLORIDA LAW OPERATES WHEN BOTH PARTIES FOLLOW PROCEDURE BEGIN WITH THE CONSTITUTIONAL FOUNDATION UNDER WARREN VERSUS UNITED STATES DECIDED IN 1996 OBSERVED TRAFFIC VIOLATIONS SUPPLY THE OBJECTIVELY REASONABLE BASIS REQUIRED FOR A FOURTH AMENDMENT SEIZURE THE DEPUTY'S EXIT ORDER WAS AUTHORIZED UNDER PENNSYLVANIA VERSUS MIMS DECIDED IN 1977 ONCE A STOP IS LAWFUL AN OFFICER MAY DIRECT THE DRIVER OUT WITHOUT ANY ADDITIONAL INDIVIDUALIZED SUSPICION THE SUBJECT'S ROADSIDE ADMISSION TO TWO MARGARITAS 30 MINUTES BEFORE DRIVING WAS ADMISSIBLE BURKIMER VERSUS MCCARTHY DECIDED IN 1984 TREATS TRAFFIC STOPS AS INVESTIGATIVE RATHER THAN CUSTODIAL ENCOUNTERS FLORIDA CODIFIES IMPAIRED DRIVING IN CODE SECTION 3 16.1 93 SUBSECTION 1 PARAGRAPH A CRIMINALIZES OPERATING A VEHICLE WHILE NORMAL FACULTIES ARE IMPAIRED BY ALCOHOLIC BEVERAGES NO SPECIFIC BLOOD ALCOHOL THRESHOLD REQUIRED THIS IMPAIRMENT OF NORMAL FACULTIES THEORY IS CRITICAL THE DEPUTY DID NOT NEED A BREATH OR BLOOD TEST TO ESTABLISH PROBABLE CAUSE THE DRIVING PATTERN PHYSICAL INDICATORS AND ADMISSION TOGETHER SATISFY THE LEGAL STANDARD STANDARDIZED FIELD SOBRIETY TESTS ARE EVALUATED UNDER NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION PROTOCOLS THREE EXERCISES ARE SCIENTIFICALLY VALIDATED HORIZONTAL GAZE NYSTAGMUS WALK AND TURN AND ONE LEG STAND EACH WITH ESTABLISHED CLUE THRESHOLDS THE HORIZONTAL GAZE NYSTAGMUS TEST OBSERVES SIX TOTAL CLUES ACROSS BOTH EYES NITSA VALIDATION STUDIES ESTABLISHED THAT FOUR OR MORE CLUES CORRELATE WITH A BLOOD ALCOHOL LEVEL AT OR ABOVE POINT O EIGHT WITH APPROXIMATELY 88% ACCURACY HGN EVIDENCE IS ADMISSIBLE IN FLORIDA COURTS UNDER STATE VERSUS TAYLOR DECIDED IN 1995 PROVIDED THE OFFICER HOLDS NITSA CERTIFICATION AND THE TEST IS ADMINISTERED CONSISTENT WITH STANDARDIZED PROCEDURES THE WALK AND TURN IS A DIVIDED ATTENTION TEST SCORING EIGHT STANDARDIZED CLUES TWO OR MORE CLUES CORRELATE WITH IMPAIRMENT AT 79% ACCURACY THE SUBJECT'S VERBAL STRUGGLE WITH INSTRUCTIONS ITSELF COUNTS AS A DOCUMENTED CLUE THE ONE LEG STAND ASSESSES BALANCE THROUGH FOUR SCORED CLUES SWAYING ARM USE HOPPING FOOT DROP TWO OR MORE CLUES CORRELATE WITH IMPAIRMENT AT 83% ACCURACY THE 30 SECOND PROTOCOL MAY BE TERMINATED EARLY WITHOUT COMPROMISING RESULTS SST EXERCISES ARE PHYSICAL PERFORMANCE TESTS NOT TESTIMONIAL COMMUNICATIONS PENNSYLVANIA VERSUS MUNIZ DECIDED IN 1990 HOLDS THAT OBSERVABLE PHYSICAL RESPONSES FALL OUTSIDE FIFTH AMENDMENT PROTECTION REGARDLESS OF MIRANDA TIMING PROBABLE CAUSE FOR WARRANTLESS DUI ARREST RESTS ON TOTALITY OF CIRCUMSTANCES DRIVING PATTERN PHYSICAL INDICATORS ADMISSION AND SFST CLUES CONVERGING TOGETHER ATWATER VERSUS CITY OF LAGO VISTA DECIDED IN 2,001 CONFIRMS WARRANTLESS MISDEMEANOR ARREST AUTHORITY FLORIDA CODE SECTION 9 0 1 15 CODIFIES ARREST AUTHORITY FOR ANY CHAPTER 3:16 OFFENSE COMMITTED IN THE OFFICER'S PRESENCE THE DEPUTY'S ARREST DECISION WAS THEREFORE BOTH CONSTITUTIONALLY AND STATUTORILY AUTHORIZED CHEMICAL TESTING FOLLOWS ARREST UNDER FLORIDA CODE SECTION 3 16.1932 THE IMPLIED CONSENT STATUTE REFUSAL TRIGGERS AUTOMATIC LICENSE SUSPENSION AND CREATES EVIDENTIARY INFERENCES ADMISSIBLE AT TRIAL BIRCHFIELD VERSUS NORTH DAKOTA DECIDED IN 2016 RESTRUCTURED IMPLIED CONSENT DOCTRINE BREATH TESTS REMAIN PERMISSIBLE AS SEARCHES INCIDENT TO LAWFUL DUI ARREST BLOOD TESTS HOWEVER REQUIRE WARRANT ACTUAL CONSENT OR GENUINE EXIGENCY THE VEHICLE INVENTORY SEARCH IS GOVERNED BY SOUTH DAKOTA VERSUS OPPERMAN DECIDED IN 1976 STANDARDIZED INVENTORY PROCEDURES DO NOT CONSTITUTE FOURTH AMENDMENT SEARCHES AND REQUIRE NEITHER PROBABLE CAUSE NOR WARRANT THE SUBJECT'S EMOTIONAL OUTBURST DURING THE SEARCH REMAIN PROTECTED SPEECH UNDER CITY OF HOUSTON VERSUS HILL DECIDED IN 1987 THE DEPUTY'S RESTRAINT IN NOT ADDING OBSTRUCTION OR DISORDERLY CHARGES REFLECTS APPROPRIATE PROSECUTORIAL DISCRETION FLORIDA'S FIRST OFFENSE DUI PENALTY STRUCTURE INCLUDES UP TO SIX MONTHS JAIL FINES BETWEEN $501,000 50 HOURS COMMUNITY SERVICE SIX TO 12 MONTH LICENSE REVOCATION AND MANDATORY DUI SCHOOL UNDER CODE SECTION 3 16.1 93 SUBSECTION SIX DEPUTY HARRISON EARNS AN A THE STOP RESTED ON OBSERVABLE VIOLATIONS THE SFST SEQUENCE FOLLOWED NITSA STANDARDS THE FEMALE DEPUTY COORDINATION PROTECTED INVESTIGATIVE INTEGRITY AND THE UNIFORM DUI ENFORCEMENT STATEMENT REFLECTED PROCEDURAL FAIRNESS THE FEMALE ASSISTING DEPUTY EARNS AN A HER ROLE AS SAFETY WITNESS DURING SFST ADMINISTRATION WAS PROCEDURALLY SOUND AND UNOBTRUSIVE SUPPORTING THE PRIMARY INVESTIGATION WITHOUT COMPROMISING ITS INTEGRITY THE SUBJECT EARNS A C MINUS COOPERATION THROUGHOUT THE ENCOUNTER TRUTHFUL DISCLOSURE NO FLIGHT NO RESISTANCE SUBSTANTIALLY MITIGATED HER EXPOSURE BUT COULD NOT RETROACTIVELY CURE THE UNDERLYING DECISION TO DRIVE AFTER CONSUMING ALCOHOL THE DEPARTMENT EARNS AN A MINUS BODY CAM COVERAGE MULTI DEPUTY COORDINATION ANIMAL WELFARE PROTOCOLS AND STANDARDIZED INVENTORY PROCEDURES ALL FUNCTIONED AS DESIGNED MODERN POLICING INFRASTRUCTURE PERFORMED AT EXPECTED STANDARDS 4 LEGAL TAKEAWAYS FROM THIS CASE FIRST DUI UNDER FLORIDA LAW DOES NOT REQUIRE A SPECIFIC BLOOD ALCOHOL NUMBER THE IMPAIRMENT OF NORMAL FACULTIES THEORY OPERATES INDEPENDENTLY OF ANY BREATH OR BLOOD RESULT SECOND S F S T CLUES ARE SCIENTIFIC EVIDENCE NOT SUBJECTIVE OPINION NITSA VALIDATION STUDIES ESTABLISH ACCURACY RANGES THAT ALLOW THESE OBSERVATIONS TO SUPPORT PROBABLE CAUSE AND SURVIVE EVIDENTIARY CHALLENGE THIRD COOPERATION REDUCES COLLATERAL EXPOSURE BUT CANNOT CURE UNDERLYING VIOLATIONS REFUSING SFT OR CHEMICAL TESTING ADDS ADMINISTRATIVE PENALTIES WITHOUT ELIMINATING THE PRIMARY CHARGE COMPLIANCE IS THE TACTICALLY CORRECT CHOICE ONCE THE STOP HAS OCCURRED FOURTH THE TRUE COST OF A FLORIDA DUI EXTENDS WELL BEYOND THE FORMAL SENTENCE TOWING ATTORNEY FEES COURT COSTS INCREASED INSURANCE PREMIUMS AND LICENSE REINSTATEMENT COMBINED TO ROUGHLY 5,000 TO 10,000 DOLLARS PER FIRST OFFENSE THE PROPER RESPONSE AFTER CONSUMING ALCOHOL IS UNAMBIGUOUS A RIDESHARE FROM ANY FLORIDA BAR TO ANY FLORIDA RESIDENCE COSTS BETWEEN 15 AND 40 DOLLARS THE MATH AGAINST DRIVING IMPAIRED IS OVERWHELMING LET US KNOW WHAT LEGAL TOPICS YOU WOULD LIKE ANALYZED IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND CHECK OUT OUR SECOND CHANNEL FOR ADDITIONAL BODY CAM ANALYSIS STAY SAFE OUT THERE
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