hey 6 9 find me we'll be Florida Bravo Oscar Delta Mike Echo Bravo hello where are you going yeah I'm going to where are you coming from well I guess I'm making your day again oh yeah what you got in here 1:33 1:33 the customer the model and the customer please I don't know if you're aware of the new laws called Super Saiyan well over fifty this is my first time being um pulled over yeah first time being pulled over ever first time being arrested yeah first time being pulled over yeah you've never been pulled over last night no I can't find your license either right wait why do you have a Florida license yes I do and I can't find it I'm under the Assumption that you don't know your phone not by heart no do you want me I can call my mom and ask she I think she has it on her phone what's going on with the phone what's going on with the phone OK we'll be back in my hand in a minute OK not yet we're gonna find it but um not yet OK well this is what's gonna happen to my car it's gonna be towed oh the only thing is that your mom is gonna have to go pick it up OK since it's a registered owner OK I'll talk to you a little more let me get off the road OK OK what kind of I'll explain everything OK oh fuck me bro hey sick man are you okay this is so not worth it I fucking hate men bro why did I have to come visit my why did I have to visit my sir sir please oh fucking god my mom's gonna kill me my mom's gonna kill me my mom's gonna kill me OK OK OK OK OK OK OK OK OK OK it's gonna be total fuck me bro fuck fuck fuck fuck fuck bro this is my first time getting arrested 12 $19 excuse me um excuse me yes can I please just ask my mom if she knows my security number so yeah yeah sure um let me hold on thank you can I put your purse in the front with me OK OK that's unfortunately that's all you're gonna be able to take today because obviously yeah you know uh it's oh do you mind if I do the course for you go ahead okay um so uh if you wanna go to messages oh it's all that oh yeah um and then if you wanna go to it's mumzy the the it's the pin you don't wanna call her better oh yeah no but I was gonna call her through messages or either one works yeah whatever works for you how do I get to your I could do like a OK thank you you can give this this trooper the information I'm gonna just put this back in your car OK that sounds good hey let me ask you why were you going so fast I think I was um you know when you put your seat I didn't answer um no no no wait let me call it huh um you know when you put your seat super close and then you push down on it the um the pedal the pedal a little more than you think you are I think that's what was happening where were you coming from I was just coming from Fort Lauderdale okay what were you doing out there out there I live there oh you live out there yeah I'm actually I'm going to visit a friend for like a day trip oh mom oh freak okay she did not pick up let me call my dad is that okay yeah yeah go ahead okay thank you sorry this is my first time being pulled over how old are you I'm 18 18 yeah I hope he's awake how may I ask you have a camera in like an old camera in your bag what's that for oh um for digital camera fix okay that's not you don't see that too common really yeah not not I I think oh oh dad um can is mom awake dad is mom awake um can you wake her up and ask her for my Social Security number please uh I got pulled over did your mom wake up yeah um yes OK he's asking hey tell her tell her she's good oh she's OK we we just did you find it yeah you wanna let her know that you're going to jail and call her maybe she can help you out OK um apparently they're taking me to jail so um I I was going over the speed limit I can't explain her to her if you want us to explain we can explain to her oh would you want the phone yeah you can put on speaker OK I'm putting you on speaker hello oh hi where where you where you hello this is Trooper Hernandez Florida Highway Patrol how are you good good uh so this morning your daughter what's your name Natasha Natasha was stopped for 133 miles per hour um and uh she's gonna be arrested for the for the speed that she was traveling it's almost traveling that fast speed of a 70 miles per hour um and uh this is the place here in Clare County uh she's gonna be taken to uh Naples uh jail which is uh Clare County um okay so just giving you a heads up on that I don't know if you plan on coming down to pick her up or her car's gonna be towed she'll have all the information for her car's gonna be towed and obviously she'll have the information where she's gonna be at as well so she can relay that to you you know within an hour or so I'm a I'm a firefighter I'm a captain of the fire department so yeah okay thank you sir for letting us know alright so um so Naples I'm sorry I just I'm it's gonna be Collier County so it'll be a Collier County jail there's two jails here in Collier there's one of them off of Airport Road East Naples okay alright um and and we keep coming third now oh and there's no way to do a fine or anything just cause it's my first time being pulled over I'm sorry sorry there's no way to just do a fine or anything'cause it's my first time being pulled over yeah she's right here you can talk to her hey you're welcome you're down oh OK I'll hold it for you oh thank you hi dad hi Sweetums OK um I love you I was just asking if since it's my first time being pulled over if there's if it's possible to do like a fine or something like that that's gonna be a huge fine yeah I mean I'd obviously I'd rather have the fine I don't understand why they're arresting you I know I don't I don't understand either sir what why is she I'm not the arresting trooper I'll I'll let you talk to the driver I'm curious alright first of all I think we have a problem uh yes sir yes the reason she's being arrested is like I said there's a new law I don't know if you're aware it's a super speed law and it says you can't be on the fence to be traveling at this because she was traveling he's gonna rescue is there no way this can give her a warning for this a warning for at least a fine a warning is definitely out of the question a fine a fine a fine a fine uh no I'm no unfortunately unfortunately sir uh I already uh place her under arrest I cannot just on arrest her so uh that's what we gonna do right now OK any any other questions that I may answer I don't know I'm I'm still I'm sorry I'm I still don't I still don't I'm still not processing this I know I'm sorry is there anything else that you want me to answer while I'm at home um okay yes yes yes yes if you Google uh on the GPS Naples Naples jail system how new is this law how new is the law July I wanna say July 1st oh okay that's very interesting well you gotta remember that speed is I know it's it's outrageous God forbid you you know you're going to jail is the least that could happen yeah I know it could have and it could kill somebody of course you're not gonna go to jail it's not gonna be a misdemeanor at that point it's gonna be a long time you know so and not only that you kill yourself at that speed it's not worth it it's not worth it I know we're all young and you know we like to drive fast but no no I don't I don't like driving fast I think I just didn't realize how fast cause I was so close to the steering wheel yeah but I mean 133 miles an hour you can feel that speed you know so just be mindful next time you drive again it's not worth it but there's no way to do a fine or anything I just started applying to colleges and I get it I understand I mean we got camera and you know we have things that we have to do and this falls under one of those things so okay this is the strange thing is I don't have her boyfriend's phone number obviously he's gonna be worried about her because she's being taken to jail does she is she allowed to do you have your boyfriend's phone number so we can give it to your mom I don't have it memorized no do you know this phone number not memorized yes yes OK OK you go to the jail center is that no no it's going to um it's called the company is called PNC Towing TMC towing correct is it a close proximity yes yes it's it's all great I need a full fight within maybe a mile do you do you do you have the phone number for them is there like a like are you gonna when you register is it gonna be under a certain number yeah yeah I can give you the phone number right now give me one second GZ talk OK and there's absolutely no way to do a fine'cause it's my first time OK I'm sorry here you hold it you hold it okay I'm so sorry guys I love you honey I don't I don't know what to say I love you I'm just I'm glad you're alive yes I'm so OK OK thank you I had caffeine I think I I zoned out for a second but I I did have caffeine I I was trying to make sure I was awake I think I just put my seat too close and then I zoned out and I pressed too hard I don't know it's okay it's okay it's okay we'll be there alright okay what's how long do you think it's gonna take I know it's gonna take a couple hours I mean it's you know so you're just gonna have to you know okay I love you honey I love you alright we'll see you later tonight okay okay alright bye honey bye is it possible if I could just text my boyfriend to tell him I'm not wanna call him uh texting is preferred if that's OK for you to text it's gonna be hard for you to text with handcuffs I'm gonna try there's a uh my password is kiwi huh my password is kiwi if you capital k or sorry capital k I don't know just regular thank you thank you I can't hold this you can turn your phone off if you want save your battery do I turn it off um no I'm scared my parents might call okay you got a seatbelt on um no she doesn't no I'll put it on her bro I'm gonna I don't know how to wrap my hand around it so you have to like it on this side put a seatbelt on you alright yeah he's just gonna pass it to me very uncomfortable if I do alright good good yes yeah if you wanna see like sideways I don't know are you comfortable like that are you comfortable like that yup this is it alright alright thank you Miss Natasha let me get your seatbelt off sit back just a minute thank you maybe maybe not you need me to get it from the other side it was um upside down oh OK sorry you got it yeah be careful lean forward just a little bit there we go okay get your seatbelts back ON A FLORIDA INTERSTATE AN 18 YEAR OLD DRIVER RETURNING FROM FORT LAUDERDALE WAS CLOCKED AT 133 MILES PER HOUR BY A FLORIDA HIGHWAY PATROL TROOPER UNDER A STATUTE THAT TOOK EFFECT ON JULY 1ST, 2025 THAT SINGLE RADAR READING WAS NO LONGER A TRAFFIC TICKET IT WAS A CRIME THE CONTROLLING LAW IS FLORIDA STATUTE SECTION 3 16.1922 TITLED DANGEROUS EXCESSIVE SPEEDING ENACTED THROUGH HOUSE BILL 3 51 THE STATUTE DEFINES TWO DISTINCT VIOLATIONS EITHER OF WHICH ESTABLISHES A SECOND DEGREE MISDEMEANOR SUBSECTION 1 PARAGRAPH A APPLIES WHEN A DRIVER OPERATES A MOTOR VEHICLE AT 50 MILES PER HOUR OR MORE ABOVE THE POSTED SPEED LIMIT SUBSECTION 1 PARAGRAPH B APPLIES AT 100 MILES PER HOUR OR MORE BUT ONLY WHEN THE MANNER OF DRIVING THREATENS SAFETY OR INTERFERES WITH OTHER VEHICLES THE DISTINCTION IS CRITICAL PARAGRAPH A REQUIRES NO PROOF OF DANGEROUS MANEUVERING NO WEAVING NO AGGRESSIVE DRIVING THE SPEED ALONE SATISFIES EVERY ELEMENT OF THE OFFENSE AT 133 MILES PER HOUR AGAINST A 70 MILE PER HOUR INTERSTATE LIMIT THE DRIVER EXCEEDED THE CRIMINAL THRESHOLD BY 13 MILES PER HOUR THE CONSTITUTIONAL FOUNDATION FOR THIS STOP RESTS ON SETTLED FOURTH AMENDMENT DOCTRINE UNDER WHEN VERSUS UNITED STATES DECIDED IN 1996 PROBABLE CAUSE OF A TRAFFIC VIOLATION JUSTIFIES A STOP REGARDLESS OF THE OFFICER'S SUBJECTIVE MOTIVE A CALIBRATED RADAR READING IS IN ITSELF SUFFICIENT PROBABLE CAUSE AS A MATTER OF LAW THE CUSTODIAL ARREST IS GOVERNED BY ATWATER VERSUS CITY OF LAGO VISTA DECIDED BY THE SUPREME COURT IN 2001 ATWATER HOLDS THAT THE FOURTH AMENDMENT PERMITS A WARRANTLESS CUSTODIAL ARREST FOR ANY MISDEMEANOR COMMITTED IN THE OFFICER'S PRESENCE EVEN ONE PUNISHABLE ONLY BY FINE THIS IS THE PRECISE AUTHORITY THE TROOPER INVOKES WHEN HE TELLS THE FATHER I CANNOT UNARREST HER HOUSE BILL 3:51 ALSO AMENDED FLORIDA STATUTE SECTION 3 18.1 TO 9 THE AMENDMENT REMOVES THE PAY BY MAIL OPTION FOR THESE VIOLATIONS AND MANDATES A COURT APPEARANCE FOR EVERY CHARGED DRIVER THERE IS NO ONLINE RESOLUTION NO MAILED FINE AND NO TRAFFIC SCHOOL DISPOSITION AVAILABLE UNDER THIS STATUTE THE PENALTY STRUCTURE ESCALATES SHARPLY A FIRST CONVICTION CARRIES UP TO 30 DAYS IN JAIL AND A 500 DOLLAR FINE A SECOND CONVICTION CARRIES UP TO 90 DAYS IN JAIL AND A 1,000 DOLLAR FINE A SECOND OFFENSE WITHIN FIVE YEARS TRIGGERS MANDATORY LICENSE REVOCATION OF 180 DAYS TO ONE YEAR 2 FIFTH AMENDMENT ISSUES WARRANT ATTENTION NO MIRANDA WARNING IS AUDIBLE BEFORE THE TROOPER ENGAGES THE SUBJECT IN POST ARREST DISCUSSION OF THE OFFENSE CONDUCT UNDER PENNSYLVANIA VERSUS MUNIZ THE ROUTINE BOOKING EXCEPTION COVERS BIOGRAPHICAL QUESTIONS BUT NOT SUBSTANTIVE INQUIRY INTO THE OFFENSE THE SUBJECT'S SPONTANEOUS ADMISSIONS REMAIN ADMISSIBLE BUT ANY PORTION ELICITED THROUGH TARGETED QUESTIONING MAY FACE SUPPRESSION CHALLENGES THIS STATUTE REPRESENTS A DELIBERATE LEGISLATIVE CHOICE WHAT SCHOLARS CALL A STRICT ELEMENTS OFFENSE UNLIKE FLORIDA'S RECKLESS DRIVING STATUTE 3 16.192 WHICH REQUIRES WILLFUL OR WANTON DISREGARD FOR SAFETY DANGEROUS EXCESSIVE SPEEDING REQUIRES NO MENTAL STATE THE PROSECUTOR'S BURDEN IS REDUCED TO TWO FACTS THE SPEED READING AND THE POSTED LIMIT GRADES TROOPER HERNANDEZ OF THE FLORIDA HIGHWAY PATROL RECEIVES A B+ THE STOP WAS LAWFUL THE ARREST WAS LAWFUL AND THE DEMEANOR WAS PROFESSIONAL THROUGHOUT HE EXTENDED DISCRETIONARY COURTESIES FAMILY CONTACT PHONE ACCESS SEATBELT ASSISTANCE THAT EXCEEDED THE BARE MINIMUM REQUIRED BY POLICY THE DEDUCTION NO AUDIBLE MIRANDA WARNING PRECEDED SUBSTANTIVE POST ARREST DIALOGUE THE SUBJECT RECEIVES A B COMPLIANCE DURING THE STOP WAS COMPLETE AND RESPECTFUL WITH NO RESISTANCE AND NO ESCALATION THE GRADE IS BOUNDED BY THE UNDERLYING CONDUCT ITSELF 133 MILES PER HOUR ON A PUBLIC INTERSTATE IS PRECISELY THE BEHAVIOR THE STATUTE EXISTS TO DETER THE FLORIDA HIGHWAY PATROL RECEIVES A B FOR ACCURATE ROADSIDE ARTICULATION OF A STATUTE WEEKS OLD AT THE TIME THREE TAKEAWAYS FIRST IGNORANCE OF A NEWLY ENACTED STATUTE IS NO DEFENSE DRIVERS ARE CHARGED WITH KNOWLEDGE OF THE LAW IN EFFECT ON THE DATE OF THE CONDUCT SECOND ONCE A CUSTODIAL ARREST IS INITIATED FOR A MISDEMEANOR IN AN OFFICER'S PRESENCE NEITHER THE OFFICER NOR THE FAMILY CAN REVERSE IT AT THE ROADSIDE THIRD POST ARREST SILENCE IS A CONSTITUTIONAL RIGHT NOT A STRATEGIC PREFERENCE VOLUNTEERED EXPLANATIONS HOWEVER SINCERE BECOME EVIDENCE THE PROSECUTION MAY USE THE ONLY PROTECTION THAT CONSISTENTLY WORKS IS THE ONE MIRANDA WAS WRITTEN TO SAFEGUARD THE RIGHT TO REMAIN SILENT UNTIL COUNSEL ARRIVES ALL INDIVIDUALS SHOWN ARE PRESUMED INNOCENT UNTIL PROVEN GUILTY THIS ANALYSIS DOES NOT 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