1717 5 8 1 5 8 1 copy 10 minute south by 19 Seville it's been a full day tag Charlie and Key Charlie Adam Robert Ocean C y C a R that was gonna be the white Dodge Challenger your license uh do you want to just stay here for a little bit let me get your license first okay I'm off your age by the way I'm off your age by the way the reason I'm stopping you how fast you're going there on eighteen what's up you know how fast you want me to tell you how fast you're going you're 100 and seventeen hundred and 17 why are you going so fast do me a favor pull up in pull up in the Congo River parking lot there hey 1 can I get one more can I get one what I'll be in the Congo River parking lot you have the registration that turns to the vehicle you still living in Upper Richmond yeah OK alright just think I'll be right back with it I've got a question you got shoes yes papa it's relax can you take this off how old are you OK it's all you won't get all that stuff OK I'll walk over here okay the reason why you're handcuffed right now is like I told you you're doing 117 yeah I literally never go out and have zero speeding tickets I at 117 miles an hour do you know that's far right do you know they just passed the wall right no I'm not aware OK so anything over 100 miles an hour or 50 miles above the speed limit it's a misdemeanor OK you understand that right so what does that mean you're being arrested for your speed limit okay alright it's not it's not a joke OK hundred and seventeen you're passing that car you're in that you're in the far left lane you're speeding on that car hundred and seventeen miles an hour sorry just because you're having fun alright I understand it's OK yeah wait why is he being arrested oh we'll get everything sorted out then oh did they leave the car on what what should I have the keys in there um I don't know is it whose car is it I think it's your car right yeah it's my car okay should be in there alright is there anything on you cause I'm gonna have a female officer come search you OK there's nothing on you no I prefer alright so who is that to you that's my husband that's your husband alright did you tell you to slow down or um yeah you did I mean it's not it's not okay there's not a place to do it alright if you wanted to go that fast there's a there's a racetrack for that kind of stuff okay yeah we we know because what you're doing it's it's racing too okay it's considered racing your exhibition of a speed all right I'm sorry I I really wasn't aware I I literally never go fast okay and then what happened alright just hang tight alright um we have a question um why is he getting arrested because everybody in the car for racing it goes to jail okay I'm gonna go talk to him here in a second um but that's how it is it doesn't matter the people can walk you can they be sitting on the side of the street watching recent they can go to jail OK but does that are we like actually going to jail or is it like yes bond out type situation no you're going to jail OK OK just thanks I'll come back and talk to you in a second hi how are you I'm Officer Taylor from the police department I'm here just to conduct your search okay do you mind stepping out for me all right I give everybody this expression okay so don't take it personally any anything on you at all whatsoever okay any introduction of contraband into the jail is an additional felony and I'll be happy to charge you with it if they find anything so that's why we like to give everybody that heads up okay all right um I'm just gonna read you something real quick you have the right to remain silent anything you say can and will be used against you in a court of law you have the right to talk to a lawyer have them present with you while you are being questioned if you cannot afford a lawyer one will be appointed to represent you before any questions are you wish you can say anytime exercise these rights none of the questions are making any sense do you understand your rights as an explainer is it a verbal yes or no yes okay so um like I explained to him um'cause you guys got dogs at home and he's got a license he's a registered I'm gonna let him take the car home okay um so you guys can so you can take care of the dog okay um this that's not the place to do it OK because if somebody pulled out in front of you or something like that at speed you can really hurt somebody that really bad OK I don't think you want that unconscious right right no it's it's here it's here okay no I don't okay um you seem like a good person and I think you just made a bad choice today okay like I said just pass this move off we're not playing around with these speeds anymore okay like I said anything over 100 miles an hour 50 miles above the posted speed okay um you're looking at jail time okay so um I gotta do some paperwork you gotta get a citation for me um I'm not gonna do the racing statue I'm just gonna do the dangerous speed statue OK that was one over 100 miles per hour 50 miles above the posted speed limit if I decided to do the racing statue um I could take both of you to jail but I'm not doing that alright um where where were you guys coming from our house your house where were you guys headed to we're gonna go we're trying to buy something on Facebook Marketplace so we're heading towards this house in Largo down in Largo okay we're gonna get a ticket today okay hopefully this will be your last one all right all right um you have any questions for me you want to relocate her to up to the target over here no I'm just gonna pull her over here yeah it's whatever alright um wait a sec we're gonna get a citation and I'm gonna put your ID back in there OK can I have the phone number in there yes with the phone number alright and do I get that when I get there um yeah just let them know you have a phone number they should give it to you alright um or they might let you write it down I don't know I don't know what they're gonna do but you'll have your ID and then it's all good to go okay alright thank you you have any other questions for me there was no such thing pre staging you're not doing well yeah ON DECEMBER 7TH 2,025 A PENELOPE COUNTY OFFICER STOPPED A WHITE DODGE CHALLENGER CLOCKED AT 117 MILES PER HOUR ON US 19 WHAT FOLLOWED WAS A TEXTBOOK APPLICATION OF FLORIDA'S NEWEST CRIMINAL TRAFFIC STATUTE FIVE MONTHS EARLIER GOVERNOR DESANTIS SIGNED HOUSE BILL 351 INTO LAW CREATING FLORIDA STATUTE SECTION 316.1922 DANGEROUS EXCESSIVE SPEEDING EFFECTIVE JULY 1ST 2,025 THIS STATUTE FUNDAMENTALLY CHANGED HOW FLORIDA TREATS EXTREME SPEED THE STATUTE TRIGGERS IN TWO WAYS FIRST EXCEEDING THE POSTED SPEED LIMIT BY 50 MILES PER HOUR OR MORE NO ADDITIONAL PROOF OF DANGEROUS CONDUCT REQUIRED SECOND TRAVELING AT 100 MILES PER HOUR OR MORE IN A MANNER THAT THREATENS PUBLIC SAFETY AT 117 MILES PER HOUR ON A ROAD POSTED BETWEEN 45 AND 55 THIS DRIVER TRIGGERED BOTH PRONGS SIMULTANEOUSLY ROUGHLY 62 TO 72 MILES PER HOUR OVER THE LIMIT AND WELL ABOVE THE 1 0 0 MILE PER HOUR THRESHOLD A FIRST CONVICTION CARRIES UP TO 30 DAYS IN JAIL AND A 5 0 0 DOLLAR FINE A SECOND CONVICTION WITHIN FIVE YEARS ESCALATES TO 90 DAYS A THOUSAND DOLLAR FINE AND MANDATORY LICENSE REVOCATION BETWEEN 180 DAYS AND ONE YEAR THIS IS NO LONGER A CIVIL INFRACTION IT IS A CRIMINAL MISDEMEANOR BUT THE OFFICER FACED A CRITICAL CHARGING DECISION FLORIDA STATUTE SECTION 316.191 RACING ON HIGHWAYS AND EXHIBITION OF SPEED ALSO APPLIED THE OFFICER EXPLICITLY TOLD THE DRIVER HER SPEED CONSTITUTED EXHIBITION OF SPEED UNDER THIS STATUTE SECTION 316.191 IS A FIRST DEGREE MISDEMEANOR UP TO ONE YEAR IN JAIL FINES BETWEEN $502,000 AND A MANDATORY ONE YEAR LICENSE REVOCATION MORE IMPORTANTLY UNDER THIS STATUTE PASSENGERS WHO KNOWINGLY RIDE IN THE VEHICLE ALSO FACE CRIMINAL CHARGES THE OFFICER CHOSE THE LESS SEVERE STATUTE QUOTE I'M NOT GONNA DO THE RACING STATUTE I'M JUST GONNA DO THE DANGEROUS SPEED STATUTE THIS SINGLE DECISION SPARED THE DRIVER'S HUSBAND A PASSENGER FROM ARREST AND CRIMINAL PROSECUTION THIS IS PROSECUTORIAL DISCRETION EXERCISED AT THE PATROL LEVEL AND IT WAS WELL CALIBRATED THE DRIVER HAD NO PRIOR RECORD THERE WAS NO COMPETITIVE RACING ELEMENT THE SPEED WHILE EXTREME APPEARED TO BE A MOMENTARY LAPSE NOT A DELIBERATE EXHIBITION CHARGING UNDER 316.191 WOULD HAVE BEEN LEGALLY DEFENSIBLE BUT DISPROPORTIONATE THE ARREST PROCEDURE ITSELF PROVIDES A USEFUL CASE STUDY THE OFFICER HANDCUFFED THE DRIVER THEN DELIVERED A FULL MIRANDA ADVISEMENT THE RIGHT TO REMAIN SILENT THE RIGHT TO AN ATTORNEY AND CONFIRMATION THAT THE DRIVER UNDERSTOOD UNDER BURKIMER VERSUS MCCARTNEY DECIDED BY THE SUPREME COURT IN 1984 MIRANDA PROTECTIONS APPLY TO ALL CUSTODIAL INTERROGATIONS REGARDLESS OF OFFENSE SEVERITY THIS INCLUDES MISDEMEANOR TRAFFIC ARRESTS THE OFFICER'S DECISION TO MIRANDIZE WAS LEGALLY SOUND HOWEVER MIRANDA IS ONLY REQUIRED WHEN TWO CONDITIONS ARE MET CUSTODY AND INTERROGATION A ROUTINE TRAFFIC STOP STANDING ALONE DOES NOT TRIGGER MIRANDA THE MOMENT HANDCUFFS WENT ON AND QUESTIONING CONTINUED THE OBLIGATION AROSE THE OFFICER MET IT THE SEARCH INCIDENT TO ARREST RAISES A FOURTH AMENDMENT CONSIDERATION THE OFFICER CALLED A FEMALE OFFICER OFFICER TAYLOR TO CONDUCT THE PAT DOWN OF THE FEMALE DRIVER THIS ALIGNS WITH DEPARTMENT BEST PRACTICES THOUGH IT IS NOT CONSTITUTIONALLY REQUIRED IT IS HOWEVER A STRONG LIABILITY SHIELD OFFICER TAYLOR ALSO DELIVERED THE STANDARD CONTRABAND ADVISORY ANY INTRODUCTION OF PROHIBITED ITEMS INTO THE JAIL CONSTITUTES AN ADDITIONAL FELONY THIS WARNING IS BOTH PRACTICAL AND STRATEGIC IT ELIMINATES AN IGNORANCE DEFENSE AND GIVES THE ARRESTEE A FINAL OPPORTUNITY TO DISCLOSE ONE PROCEDURAL NOTE WORTH EXAMINING THE OFFICER ALLOWED THE HUSBAND TO DRIVE THE VEHICLE HOME RATHER THAN IMPOUNDING IT UNDER SECTION 316.191 THE OFFICER COULD HAVE IMPOUNDED THE VEHICLE FOR UP TO 30 DAYS UNDER 316.1922 NO SUCH AUTHORITY EXISTS THIS FURTHER VALIDATES THE CHARGING DECISION BY SELECTING THE DANGEROUS EXCESSIVE SPEEDING STATUTE THE OFFICER PRESERVED THE FAMILY'S ACCESS TO THEIR VEHICLE AND AVOIDED COMPOUNDING FINANCIAL HARDSHIP ON TOP OF CRIMINAL CONSEQUENCES THE BROADER ENFORCEMENT CONTEXT MATTERS IN JULY 2025 ALONE THE FIRST MONTH OF THE NEW LAW 71 DRIVERS WERE CHARGED STATEWIDE 49 FOR EXCEEDING 100 MILES PER HOUR 22 FOR EXCEEDING THE SPEED LIMIT BY 50 OR MORE SEVEN ARRESTS OCCURRED ON THE VERY FIRST DAY FLORIDA HIGHWAY PATROL MADE ENFORCEMENT A STATED PRIORITY NOW FOR THE GRADES THE OFFICER RECEIVES A B+ THE STOP WAS LEGALLY JUSTIFIED TACTICALLY SOUND AND PROFESSIONALLY EXECUTED MIRANDA WAS PROPERLY ADMINISTERED THE CHARGING DECISION DEMONSTRATED MEASURED DISCRETION POINTS WERE DEDUCTED FOR IMPRECISE LEGAL EXPLANATION THE OFFICER STATED THAT ANYTHING OVER 100 AUTOMATICALLY RESULTS IN JAIL UNDER THE STATUTE THE 1 0 0 MILE PER HOUR THRESHOLD ALSO REQUIRES DANGEROUS CONDUCT THOUGH AT 117 THIS DISTINCTION IS ACADEMIC THE OFFICER ALSO LOOSELY CHARACTERIZED THE SPEED AS RACING WHICH CARRIES A SPECIFIC STATUTORY DEFINITION NOT CLEARLY MET HERE THE DRIVER RECEIVES A B COOPERATIVE THROUGHOUT NO RESISTANCE NO CONFRONTATION IMMEDIATE COMPLIANCE WITH ALL INSTRUCTIONS SHE CONFIRMED UNDERSTANDING OF HER MIRANDA RIGHTS AND EXPRESSED GENUINE REMORSE HOWEVER DRIVING 117 MILES PER HOUR TO A FACEBOOK MARKETPLACE PURCHASE IS INDEFENSIBLE FROM A PUBLIC SAFETY STANDPOINT AT THAT SPEED THE VEHICLE COVERS 172 FEET PER SECOND REACTION TIME IS NEARLY ELIMINATED ONE UNEXPECTED VARIABLE A LANE CHANGE A PEDESTRIAN A TIRE FAILURE AND THE OUTCOME IS CATASTROPHIC THE DEPARTMENT RECEIVES AN A MINUS OFFICER TRAINING WAS EVIDENT IN EVERY PROCEDURAL STEP SAME GENDER SEARCH MIRANDA COMPLIANCE CONTRABAND ADVISORY AND APPROPRIATE USE OF DISCRETION THE RAPID AVAILABILITY OF A FEMALE OFFICER SUGGESTS ADEQUATE STAFFING THREE TAKEAWAYS FROM THIS ENCOUNTER FIRST FOR DRIVERS FLORIDA'S SUPERSPEEDER LAW IS REAL IT IS BEING ENFORCED AGGRESSIVELY AND IT CARRIES CRIMINAL CONSEQUENCES INCLUDING JAIL TIME IGNORANCE OF THIS LAW AS THIS DRIVER DEMONSTRATED IS NOT A DEFENSE SECOND FOR OFFICERS CHARGING DISCRETION MATTERS THIS OFFICER'S DECISION TO APPLY THE LESS SEVERE STATUTE WAS LEGALLY SOUND PROPORTIONATE AND PROTECTED AN INNOCENT PASSENGER FROM UNNECESSARY CRIMINAL EXPOSURE THAT IS GOOD POLICING THIRD FOR EVERYONE IF ARRESTED INVOKE YOUR 5TH AMENDMENT RIGHT TO REMAIN SILENT AND REQUEST AN ATTORNEY COOPERATE PHYSICALLY BUT UNDERSTAND THAT ANYTHING SAID AFTER MIRANDA CAN AND WILL BE USED IN COURT SILENCE IS NOT GUILT SILENCE IS A CONSTITUTIONAL RIGHT 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