how y'all doing doing good everything okay yeah no we're we're trying to get back to the dog I was just trying to help her get under the bridge she was scared okay that's cool we tie the front one off or the back one off where did you guys run it from we ran it from shit it's a blue it's a blue little hive right over there okay Justin just blew little heart Madonna yeah it's literally right there alright I'm just scared to go on her bridges alright so I asked him to help me because I'm I'm not the best so but I'm sure I'll make it all right cool we're just making sure you guys are okay cause you guys were just kind of sitting out here in the middle of the channel yeah no so we we we kind of pause for a moment cause that pontoon came through and then that uh those two bigger boats so we swap lanes so that we could just travel through because she got nervous that's when she got scared alright cool um who rented the boat she did you did alright do you have your ID with you by chance I do um how long you in town for um I scuba dive so I'm trying to get it get my advance okay yeah good deal I want to be able to spearfish and stuff cool yeah alright so can you show me two life jackets and a type 4 throwable device yeah how much have you had to drink today um earlier I drink it a little bit a little bit earlier today how about you uh no I I I don't really drink that much uh I had a few sips of her champagne but that was it yeah she popped the she popped two bottles that's why I put it in my name and those which are my phone actually died 10 minutes ago that I need to call but I can't now I'm doing this so alright well would you mind if I check your eyes make sure you're good to ride back yeah um can I actually park my boat where I need to make it we're we're steady right now either I can step over you can step over here or if you really want we'll beat you you want us to beach them for you make it easy yeah please yeah we'll do that we'll beach the boat for you alright so you're okay with me checking your eyes make sure you're good to operate the boat back yes alright would you mind if I stepped on your boat no no alright perfect alright sir if you can come up here for me and ma'am if you can sit back in that chair just so the sun's to your back you're wearing contacts by the way you're wearing contacts right now that's not a big deal why is it made here alright so what I want you to do is just keep your head still can you see this red light yes this red light right here can you see it yes alright so you're just gonna follow this red light with your eyes only and keep your head still you understand yes alright you gotta follow the whole time okay your eyes okay no my contacts they're just dry a little bit just keep your head still for me you're turning your head on me okay yeah lean back should put a little bit closer OK it's in go up okay you still see it watch it the whole time for me OK can you lean your head all the way back lean my head all the way back yep close your eyes alright just relax for a second sorry sometimes the sun melts my contacts the sun melts your contacts like when the hot water hundred Isaac's definitely the way to go these days you got 6+ birthday huh you got 6+ birthday in June initial e Echo they heard 5 17 1987 I'm just gonna ask you a few questions real quick okay alright do you have any physical defects or disabilities no do you have any defects with your eyes no are you so with my eyes I have contacts I still need but no other like issues with your eyes okay are you sick or injured yeah under the care of a doctor or dentist yeah are you taking any medication or drugs prescription or otherwise Xanax you take Xanax yeah at night time not till at night Around seven PM no worries I'm in valacyclovir and birth control what was the first one valacyclovir is that the Xanax or no valacyclovir is for infection okay no worries infection yeah alright alright so we're gonna do a couple more tasks okay okay alright so what you do is just sit straight at the front edge of your seat so move up a little bit there you go put your arms down at your sides feet shoulder with the part so you're comfortable and stable are you stable yep alright what I want you to do is make a fist with both hands extend your index fingers look at me and turn your palms forward just like this nope just like I'm doing so make a fist yep so make a fist with both hands extend your index fingers and turn your palms toward me okay just like you're doing remain that position while I explain the task you understand yes alright when I say begin you're gonna take your head back to about a 45 degree angle and close your eyes so that's 45 degrees and then you close your eyes you understand I was gonna say I don't get a 45 degree angle you understand it now though yeah alright not until I tell you to begin though okay okay alright but it's just like I demonstrated so about to there and then close your eyes OK OK when I tell you to you're gonna touch the tip of your nose to the tip of with the tip of your index finger and immediately return it to your side so just say this is your tip of your nose make sense yeah this is the tip of your finger it's gonna look just like this alright so not the pad of your finger or the side of your finger the very end of it not the top side or bottom of your nose okay my nose yep the very end of it okay so just like this make sure very the like the very tip of your finger not the pad of it okay so just like this there you go understand yeah alright when I say right you must touch your right index finger to your nose when I say left you must touch your left index finger to your nose do you understand yes sir alright begin you remember the first thing I you need to do you told me to touch my right index alright so first you need to take your head back to 45 degrees and close your eyes alright listen to me when I tell you right or left that's when you're gonna come up and touch with your right or left finger okay okay alright so touch your head close your eyes left right left right right left alright go ahead and relax alright next test we call Palm Pat I want you to do is place one hand place your hands palm to palm with one hand up one hand down just like this you got that either hands come yeah whatever is comfortable OK remain that position while I explain the test you understand when I tell you to begin you're gonna turn the top hand over and count out loud 1 then turn the hand back over and count out loud 2 counting only when the hands make contact it's gonna look just like this yeah 1 2 1 2 1 2 are you watching me I'mma show you again cause you weren't doing it the way I said first off remain just like that don't do it while I'm doing it it's gonna look like this though 1 2 1 2 1 2 you understand that yeah when I tell you I told you that repeat this speed up as you go and do not stop until told make sure to keep your hands and fingers parallel during each pat so this is parallel this is not understand alright this is not parallel this is parallel yep that's parallel the other one's not OK so it's gonna look just like this OK 1 2 1 2 1 2 1 2 continue to speed up as fast as you can two is whatever when you say parallel I need to do my hands like that no you just need to keep your hands parallel throughout the entire task OK parallel until non parallel then you don't ever want them not parallel OK OK you want them to stay like this OK and then 1 2 1 2 1 2 1 2 understand OK you have any questions with that alright begin do you want me to do what you asked yep 1 2 1 2 look look you want me to show you again parallel don't worry about the parallel part right now no I'm listen one please stop I can't hear him listen hands like this one one two one two OK it should it should be right on top of the other hand OK I mean I'm just this is like alright like I'm just go ahead and go ahead and relax that's how you get started again okay you understand the task now yeah alright begin and speed up as you go okay alright you can stop alright last test it's gonna be called hand coordination what you do is make a fist with both hands I'm gonna demonstrate for you okay just make a fist with both hands place your left fist at the center of your chest your right fist against your left fist and remain that position while I explain the task okay when I say begin you must perform four tasks and make sure you understand all this before you actually start okay so just bear with me do I need to keep my hands like this you stay just like that until I tell you to begin the task okay the first task is to count out loud from 1 to 4 while you move your fist in a step like fashion making contact between your fist at each step so it's gonna look just like this 1 2 3 4 understand the second test is to memorize the position of your fist after you've counted four clap your hands three times and return your fist to memorize position so once you've counted four remember where your fists are remain at how you were okay so once you've counted to 4 remember how your fists are clap three times and return your fist to the memorize position where they were before you clap okay alright the third test is to move your fish in a step like fashion in reverse order counting out loud from 5 to 8 and return your left fist to your chest so after you've clapped and return to this position 5 6 7 8 left fist to your chest understand the fourth task is open your hands palms down place them in your lap so basically you want me to show you again you want me to show you again or you understand it I think I get the gist alright left fist in the center of your chest right fist in front you remain like that while I explain it all OK OK so you're gonna count to four step like fashion one two three four remain how you were for me OK alright you don't move once you've counted to 4 remember where your fists are clap three times return your fist to the memorize position understand yep then you're gonna count backwards to your chest 5 to 8 5 6 7 8 left fist comes to your chest open your hands palms down place them in your lap alright you understand all that yup alright begin I feel like I'm back in China how much would you say you had to drink today um I honestly earlier I had like two beers and then I ate a couple sandwiches two beers and a couple sandwiches yeah and then I had help my boyfriend help me like I just got really scared under the bridge cause I literally watched something on the news this morning about like plane crashing on we're on the freeway and then part of the bridge breaking and he knows I have a fear of heights so under the bridge I was like can you help me just like make sure okay that's all like I am fine I'm good go alright my place is literally the blue hut right there right over there I don't see a blue hut over there alright the blue heart my phone died actually though and I have the new apple charger that doesn't take that same USB so I could not charge it alright so you're showing a lot more impairment than just drink two beers are you sure you don't have any other drugs alcohol or any other alcohol no sir no I really don't even really drink anymore I it's actually the first time I like let my dog stay at our condo and kind of my day to go relax but alright I'm gonna check your eyes one more time OK OK just keep your head still and follow this red light with your eyes only okay okay you good yep alright go ahead and stand up for me do you have any clothes or anything on the boat shorts pants I have shorts sorry you do where is it at my shorts yep you have shorts and a shirt on here um yes sir alright can you go ahead and put that on for me yep I think I left my shorts in the car OK there's only my I had a coin skirt and a thing alright go ahead and step up here for me yeah can I be told what is going on yeah just go ahead and get on our boat I just make it easier for you you're being placed under arrest for boating under the influence alright OK well I passed all the test though alright will you go ahead and step on the boat for me yeah no that's fine I don't want to push you in handcuffs till you get up here OK it's yeah I don't want you to fall or anything um hey return the boat my phone's dead plug it up and call my grandmother yeah call my grandmother 0 0 7 11 8 4 3 all of my code it's all sevens hi um can I actually ask if I passed all the test how do you have a body cam yeah on you great yeah great use it no I'm actually very glad I know no I'm just about to call my lawyer I know this is ridiculous I know just take a seat right here behind me I'll ask you a question sir yeah how when I passed your test that you asked me like seven different times are you placing me under arrest can I alright alright listen to me can I ask you that can I explain this to you yeah alright so our task are not pass or fail we look for indications of impairment throughout the task okay and you show indications of impairment throughout each test I did everything you asked me to the same every step everything I I mean I can sit here and do it all for you again alright just lean back for me OK no sir I'm just really like I have dogs in my condo my service animals are at my condo OK OK like please I literally just moved a month ago moving back to the south I literally like I literally let me figure out this boat situation then we'll continue to talk about it Caden but can I ask you something well I mean that's fine yeah ask him real quick you can ask alright you want me to go through the same thing well you were driving the boat earlier we watched you do that well yeah I came through underneath the car so we watched both of you guys yeah oh how much have you had to drink today uh literally a few shots a few drinks what were you guys drinking today uh she had uh literally two blondes can I open that up yeah of course um she had two blondes and um we had sandwiches um she still even got her last blonde in there OK um and that was actually um so how much have you had today a few sips of champagne that was it that was it no other beer no liquor no nothing no no you take any drugs or anything no I don't take drugs alright have you ever used drugs before uh yeah I have used drugs what kind of drugs have you used before uh ice ice yeah alright there's no illegal drugs on the boat is there no alright no you're 100% sure on that yeah I am 100% alright when was the last time you used drugs shit it's been so quite a few years okay no worries you just take a seat for me then yeah no problem alright you can put that down for me I was trying to fix it but I got you yeah we're just gonna do this real quick make sure cause the boat's gotta get back yeah one way or the other it's not too far but still gotta make sure you're safe to get there because that's fine you know we're responsible for you at this point since we let you leave and you hit somebody that'd be on us yeah alright so you can see this red light before you've been stopped out here before no no I'm saying I don't understand why we were stopped just because we yielded to uh traffic but I mean anyway she's not a boater huh OK well I grew up in south Louisiana so I know yeah alright alright so just keep your head still just gonna follow this red light with your eyes only you understand yep appreciate doing that for me yeah like I said I don't see anything I'm not gonna ask you to do anything else mind if I look in this bag over here no it's just trash or whatever hey here they are yeah okay I really appreciate if you please did not arrest me I followed every task you asked and and are you sure you don't have any clothes on the boat with you I'm positive I don't have any clothes I'm just asking I'm trying to make this as easy as possible sir I have 2 service animals at my house will he be able to take care of them yes my dog needs me okay like my dog needs me will you check that bag and make sure she doesn't have any clothes on here this is absolutely insane I literally had no hands even on the wheel he was driving for me under the bridge so how can I get something driving when I didn't even have my hands on the wheel it's fine because it'll all show and appear in the court of law on y'all's body cam no it's fine just call david i'm literally not worried about shit call david call david no I just know how it's gonna end and it's gonna end with this is bullshit so with me no I'm pissed off yeah I understand yeah I have every right to be I passed every field sobriety test they asked me to do I could sit here and do it 30,000 times if they would like me to that's bullshit no that's ridiculous that's a like that's like you're fishing for a person to try to take their rights away from someone that's why there's riots all around the world happening right now can you stand up for me I sure can thank you call my grandmother I have money in my account it's locked turn around face me do you wanna know the it's Margaret m J K 9 5 cash sign into my regions account yep Margaret yeah m J K 9 5 cash sign my first best friend's name was Alyssa my high school best friend's name was Lauren and my first dog's name was Oreo God that was a field fucking sobriety test in a song no call my fucking lawyer because I wanna get abused call my lawyer call my lawyer I'm I will not repeat it enough it says David my lawyer with a yellow bright fucking star buy it it says David my lawyer call my lawyer I really don't watch out for that big boat bagger call my fucking lawyer I passed your field sobriety test I understand the police are very corrupt this day and age and really like to jump and push on people it's a big thing once it hits social media and it blows up into the world of actually how y'all really prey on people and that's fine sure my lawyer will do enough you want me to explain the process sure alright so we're going to the Coast Guard station where you can provide a breath sample if you wish from the Coast Guard station you'll be taken to the county jail and you can bond out from there oh I'm gonna bond out immediately and call my lawyer that's fine okay explain the process to you I just I'm really so when we get over here to the Coast Guard station you can provide a breath sample or not but I just um you'll I plead the fifth and you'll have to speak to my lawyer I'll need a yes or no you'll have to speak to my lawyer well you can call him once you get to the jail but I need a yes or no before at that point I just you'll have to speak to my lawyer if you automatically refuse that's fine too you will have to speak okay to my hi lawyer I won't speak to your lawyer for you okay well I'll read you the paperwork when we get up there the court will deal with it all and as soon as the case is dismissed I'll have a smile on my face that's fine can I get some logistic like reasons as to why you placed me under arrest I wanna know we're on a body cam so I wanna know why you placed me under arrest what was it that LED you sir to believe that in all of my field sobriety test you asked me to perform you get on that I get on did not do to your liking can you tell me can you tell me sir again you showed indications of impairment throughout the test and can you explain those and can you explain those to me then because that my lawyer is gonna hear this whole conversation and I wanna know what I did that explain that in your mind and that you had to have to actually test me a second time on something just so you can make an arrest I sure can stand up alright is it possible for you to step up here um no I do have tendonitis in my left foot so could you please Velcro my shoe if if that's possible that better it's fucking ridiculous you can be able to step up here I mean 1 two three be Walker up there yep we're getting I don't care I don't know if you can tell me why I'm being exactly placed under arrest because he sure can't seem to be able to when I passed all the field sobriety test he asked me to and he had to how do you know you passed a second time he had me do them all over a second time and he refuses to explain to me in exact which ways that I did that made him feel as if just take her by the arm and take her up here take a seat to arrest me THE STOP WAS AUTHORIZED UNDER FLORIDA STATUTE SECTION 327.5 OFFICERS MAY BOARD ANY VESSEL FOR SAFETY COMPLIANCE WITHOUT PRIOR SUSPICION THE SUBJECT'S VOLUNTARY ADMISSION OF DRINKING CONVERTED THAT CHECK INTO A BUI INVESTIGATION FLORIDA 327.35 PROVIDES TWO INDEPENDENT CHARGING PATHS BAC OF 0.08 OR HIGHER OR IMPAIRMENT TO THE EXTENT NORMAL FACULTIES ARE AFFECTED A BREATHALYZER RESULT IS NOT REQUIRED TO SATISFY THE SECOND PATH THE SUBJECT DISCLOSED XANAX ALPRAZOLAM A SCHEDULE 4 CNS DEPRESSANT ALCOHOL COMBINED WITH A BENZODIAZEPINE PRODUCES SYNERGISTIC IMPAIRMENT TWO DRINKS WITH XANAX CAN PRESENT AS SIGNIFICANTLY HIGHER CONSUMPTION ALONE FLORIDA 327.35 COVERS IMPAIRMENT BY ALCOHOL A CONTROLLED SUBSTANCE OR ANY COMBINATION FIELD SOBRIETY EXERCISES ARE NOT PASS OR FAIL THEY DOCUMENT SPECIFIC OBSERVABLE CLUES A SUBJECT CAN COMPLETE EVERY MOTION AND STILL PRODUCE MULTIPLE CLUES VISIBLE TO A TRAINED OFFICER THE HGN TEST IS PHYSIOLOGICAL THE SUBJECT CANNOT CONSCIOUSLY SUPPRESS NYSTAGMUS THE DIVIDED ATTENTION TASKS SIMULATE THE COGNITIVE DEMANDS OF VESSEL OPERATION DIFFICULTY FOLLOWING MULTI STEP SEQUENTIAL INSTRUCTIONS IS ITSELF A DOCUMENTED IMPAIRMENT CLUE UNDER NHTSA SFFT PROTOCOL INDEPENDENT OF WHETHER THE SUBJECT BELIEVED SHE PERFORMED CORRECTLY THE CENTRAL LEGAL VULNERABILITY HERE IS OPERATOR IDENTIFICATION FLORIDA 327.35 REQUIRES PROOF THE SUBJECT WAS NAVIGATING OR OTHERWISE USING THE VESSEL SHE CLAIMED THE COMPANION HELD THE HELM UNDER THE BRIDGE IF ACCURATE THE BUI CHARGE FACES A GENUINE STATUTORY CHALLENGE A RENTAL AGREEMENT CREATES A PRESUMPTION OF RESPONSIBILITY NOT CONCLUSIVE PROOF OF CRIMINAL OPERATOR STATUS UNDER THE STATUTE HER ALCOHOL ACCOUNT ALSO EVOLVED FROM A LITTLE BIT TO TWO BEERS AND SANDWICHES ADMISSIBLE AS A CREDIBILITY ISSUE BEFORE THE FINDER OF FACT THE SUBJECT INVOKED THE FIFTH AMENDMENT ON THE BREATH TEST THAT WAS LEGALLY MISPLACED UNDER SCHMERBER VERSUS CALIFORNIA 1,966 BREATH TESTS ARE NON TESTIMONIAL THE FIFTH AMENDMENT PROTECTS TESTIMONIAL COMMUNICATIONS NOT PHYSICAL EVIDENCE DERIVED FROM THE BODY ATTORNEY INVOCATIONS DO NOT BAR BREATHALYZER ADMINISTRATION UNDER FLORIDA STATUTE SECTION 327.352 IMPLIED CONSENT FOR WATERCRAFT A NON ANSWER ON THE BREATH TEST CONSTITUTES A DE FACTO REFUSAL CARRYING A 12 MONTH SUSPENSION PRE ARREST ALCOHOL QUESTIONS WERE NON CUSTODIAL AND PERMISSIBLE UNDER BURKHEIMER VERSUS MCCARTNEY 1,984 THE LEAD OFFICER RECEIVES A B+ THE WELFARE CHECK TO SFST PATHWAY WAS SOUND POLY DRUG IMPAIRMENT WAS RECOGNIZED AND DOCUMENTED PROFESSIONAL THROUGHOUT DEDUCTIONS TENDONITIS NOT CAPTURED IN SCREENING IMPAIRMENT CLUES NOT VERBALIZED ON BODY CAM WHEN DIRECTLY ASKED A MISSED DOCUMENTATION OPPORTUNITY THE ASSISTING OFFICER RECEIVES A B+ SOUND SUBJECT SEPARATION ACCURATE POST ARREST SFST EXPLANATION COMPOSURE UNDER SUSTAINED PRESSURE THE SUBJECT RECEIVES A C PLUS MEDICATION DISCLOSURE AND SFST COOPERATION WERE POSITIVE OFFSET BY AN EVOLVING ALCOHOL ACCOUNT AND A MISPLACED IMPLIED CONSENT REFUSAL HER OPERATOR ARGUMENT MAY CARRY MERIT IN COURT RAISING IT ROADSIDE RATHER THAN THROUGH COUNSEL IS A PREVIEW THAT BENEFITS THE PROSECUTION THE COMPANION RECEIVES A B CONSISTENT ACCOUNT COOPERATIVE DEMEANOR BUT FAILED TO ASSERT ON CAMERA THAT HE HELD THE HELM WHEN IT MATTERED MOST LESSON 1 DOCUMENT POLY DRUG COMBINATIONS ON CAMERA AT THE TIME OF DISCLOSURE A CONFIRMED BENZODIAZEPINE ALCOHOL COMBINATION CREATES A CHARGING BASIS THAT SURVIVES A LOW DRINK COUNT DEFENSE AT TRIAL LESSON 2 VERBALIZE THE SFST STANDARD AT THE ARREST MOMENT ON CAMERA THESE EXERCISES DOCUMENT CLUES NOT A PASS OR FAIL SCORE BELONGS IN THE RECORDING NOT FIRST APPEARING IN THE ARREST AFFIDAVIT LESSON 3 IN BUI STOPS DOCUMENT WHO HELD THE HELM FOR HOW LONG AND UNDER WHAT CIRCUMSTANCES ON CAMERA BEFORE THE ARREST IS MADE OPERATOR IDENTIFICATION IS A STATUTORY GAP THAT DOES NOT EXIST IN MOST TRAFFIC STOPS LET US KNOW IF THERE IS AN INTERACTION OR LEGAL TOPIC THAT YOU WOULD LIKE US TO DISCUSS IN THE COMMENTS BELOW THANK YOU FOR WATCHING AND DON'T FORGET TO CHECK OUT OUR SECOND CHANNEL STREET BODY CAM FOR EVEN MORE POLICE INTERACTION AND COURTROOM CONTENT