Hello, miss. Deputy Vice of Charlotte County Sheriff's Office. The reason why I stopped you 86 on a posted 55? Any reason for the speed, ma'am? >> Uh there's not. I'm sorry. >> Driver's license, insurance, vehicle registration, please. >> Um >> On August 12th, 2023, a Charlotte County Sheriff's Deputy stopped a vehicle traveling 86 mph in a posted 55 zone. Under Florida statute section 316.183, that margin triggers a mandatory court appearance. The stop escalated to a DUI arrest and a physical confrontation. Both charges were subsequently dismissed. This analysis examines why. >> Hello, miss. Deputy Vice of Charlotte County Sheriff's Office. The reason why I stopped you 86 on a posted 55? Any reason for the speed, ma'am? >> Uh there's not. I'm sorry. >> Driver's license, insurance, vehicle registration, please. >> Um I have Sorry, I just recently >> Uh-huh. Recently what? >> Uh I just got out of a relationship, so my uh registration might be with my ex. >> Is this your vehicle, ma'am? >> This is. Yeah. >> Okay. >> Um I don't know. Sorry. Sorry. I wasn't meaning to go that so fast. >> Are you Jessica? >> I am. >> Okay. >> I just just leaving from picking some friends up. >> All right, I got you. Have you had anything drink or >> No. >> Pills? >> No. The only pills I have are prescriptions. >> Prescription to you? >> Yes. Yes. >> Okay. Uh when did you last take this one? Or how do you take it? >> I take it in the morning. >> Uh just in the morning? >> Mhm. >> That's it. All right, here Do you have your Do you have your license or no? >> Um I I thought I did. I'm sorry. I literally I just came out to pick up a few friends. I dropped them off and um >> Okay. So you don't? Is it going to be in your wallet maybe or >> I don't I don't carry a wallet. I just >> You just throw it in there? >> Yeah. >> Usually? >> I'm sorry. >> Okay. And you said you're coming from where? >> Uh where I live. On the key. Manasota Key. >> Oh, Manasota Key? >> Mhm. >> Okay. >> I work at Rocky King. >> Okay. All right. So where are you headed to now? >> I'm just I'm going back home. >> Going back home? But you live in Englewood? >> Yeah. >> You're going the wrong way. >> I know. Well, I was going to go pick a friend up. I'm sorry. I was going to go pick a friend up, but I'm not >> Where's Where's Where does your friend live? Port Charlotte or >> Yeah. >> Okay. Hello, ma'am. Hi. I'm sorry to give you a hard time. You ran a stop sign. If you could come and step back over here with us, please. Just want to explain the ticket to you. Okay. Thank you. What you up to tonight? Except for going a little bit quicker. >> Uh nothing. >> Huh? >> I was just dropping a few friends home. >> Oh, cool. All right. Oh, could you could you come No, no, no, no, no. We just want to just step on over here out of the road. I don't want you in the middle of the road. There we go. Did I see you earlier tonight at a traffic stop? >> Okay. >> No. >> All right, cuz there was a lady who was dressed with a I knew she had jeans on. We had another traffic stop where we made an arrest. And a person came up and she was standing like a little bit distance. And um it looked like I said a basic, you know, basic, you know, shirt and and pants you sell, so Deputy Vasquez is finishing up that, so where are your shoes? >> They're in the car. >> Are you on the beach today? >> I yeah, I live on the key. >> Oh, cool. Cool. What key? Manasota Key or >> Manasota Key. I work at Lock and Sandbar. >> Oh, cool. So, where are you going if you live out there and work out there? >> Uh I'm just dropping a few friends off. >> Oh, nice. Are they in the car? >> Nope, just dropping a few friends off. >> Oh, all right. >> Yeah. >> Cool. All right. We'll just hang tight 1 second, okay? >> Sure. >> All right, miss. Um there's your information back. You got to make sure you have your driver's license on you next time, okay? >> Thank you. >> So, um so, let me get let me explain the citation, so the citation is going to be uh So, you're doing 30 over. There's no fine on here. However, it's a manda- However, there's going to be there's going to be a mandatory court date, okay? So, it's not a it's not going to be a criminal infraction, but it's going to be a mandatory court date. Okay? Um so, you have to contact this number over here within within 10 days of today's date, and then once you show up to court, they give you they give you the date, then the judge will set the fine. >> It's no signal. >> Yeah. >> Cuz um and like I said, I I was kind of confused cuz you said you live on the key, you work on the key, but you're driving your friends home, but there's no friends with you. So, where are your friends? >> No, I just dropped them off that way. >> Oh, okay. And then you were going to go turn around. Okay. All right. All right. So, >> All right. Now, I believe that you're impaired. That's just based on what I'm seeing, based on everything. Smell I can smell alcohol on your breath, also. All right. So, um do you have any medical issues, anything like that? You take insulin? >> No. >> Anything like that? No? >> What kind of medication do you take? >> You want You want me to hand you those documents? >> Oh, okay. You don't want to hand me those documents. >> I do not. >> Okay. All right. Um are you willing to perform field sobriety exercises? >> Probable cause for the DUI rested on two officer observations, odor of alcohol and behavioral indicators. Under Illinois versus Gates, probable cause requires only a reasonable belief grounded in articulable facts. Those indicators legally satisfied the arrest threshold. However, probable cause and proof beyond a reasonable doubt are distinct standards. Without objective impairment data, the prosecution could not bridge that gap. The driver refused field sobriety exercises, believing this invoked Fifth Amendment protections. It did not. Under Florida statute section 316.1932, operating a vehicle on public roads constitutes implied consent. Refusal is admissible as evidence of consciousness of guilt. The refusal did not prevent the arrest. It eliminated the prosecution's only source of objective impairment data and ultimately contributed to the dismissal. >> Now, so do you need to make him pick me up? >> No, you're going to jail. That's where you're going. You're going to jail for DUI. >> Put your hands behind >> Put your hands behind >> Put your hands behind your back. You're going to jail. >> Put your other hand behind your back. >> Dude, I'm not even like literally resisting. You guys are being ridiculous. >> You are. That is resisting. Stop right there. >> Are you [ __ ] What the [ __ ] >> Put your other hand behind your back. Do it right now. Do you understand me? You're going to get hurt. Stop. >> Are you Stop. Are you kidding me? >> You want to pull away now? >> Body cameras on you. >> Yeah, we do. And it's going to show you acting pretty ridiculous. >> What? Ridiculous how? >> Like you were just resisting. Like you were. >> Okay. Well, I have to pee. >> Well, you can pee at the jail. Yep. >> Or right now. >> No, you can do that, too. That's not going to help your cause. >> What the >> That's not very nice. Put your legs up underneath you. Roll over to your side. 27 central. Can you roll on your side? I don't really want to have to yank you up by your arms, ma'am. Roll over to your side, please. Be a big adult. Thank you. >> Be a big adult. >> Yes, ma'am. >> Throw me down to the ground. >> You resisted the police officer. >> One >> Okay. We're not going to argue. This isn't people's court. Patterson and the search here. One, two, three. >> Let's go. All right, stand by. And I'll have a female search you, okay? >> Okay, I have to pee. >> Well >> Well, what? >> Stop turning around on me. >> Can you pull my pants down? >> No, I don't. I'm not doing that. >> Okay, so I have to pee. >> Okay, well, there's no bathrooms here, so you're going to have to wait. Yeah? Let me see. Yeah, man. That looks like over spray from being built. Could be. You know, that's all over spray, so that's not I'm going to take a picture of that just in case we get a Signal one. Later on, yeah. >> Oh, stuff going on there, guys. >> Yeah, I smelled it, too. As soon as you Yeah, yeah, absolutely. And everything I saw. So, we got a little bit of cash. We'll just have to count and make sure. >> We'll do it in front of each other. >> Yeah. >> I'll have Patterson do the co-chief for me. That way I can to out of here? >> Yep. So, >> What she gets here? >> No. >> No. >> Do not. >> White claw over there. >> Yep. >> Uh Let me take a picture. >> you. >> I got my camera. Just >> Yep. >> Just want to take a take a picture of it. >> Okay, you'll get a lawyer. You just call him up tomorrow. >> It's going to go with through it. So, it's too bad. >> Oh, yeah. >> Okay. So, I'm Sergeant Roberts. >> I'm a supervisor here. So, um >> Yeah, you were so friendly at first. >> Right. I was I was friendly the whole time. >> it. I get it. >> I was friendly the whole time where you resisted, OKAY? >> I RESISTED? I DID NOT RESIST. >> OKAY, WELL, the definition of >> awful. >> Well, resisting is when you pull away from an officer. That's resisting. >> pull away. >> what? You can You can say what you want. The camera's going to show it. And then the camera's going to show your behavior right now. >> I wish. >> Okay, it's going to be We have plenty of cameras here. >> That's okay. >> Yeah, and it's going to show you how you were how you were acting, okay? >> Cuz that >> And it's going to show the white claw bottles in there, the white claw cans, the empty white claw cans in there. So, yep. >> I'm not coming out with >> Cuz I >> Oh, god. >> I'm just going to take some pictures. >> No, drunk. >> I'm I'm not going to because you keep pulling it away every time. So, I can't trust you to stand here like an adult like I said earlier. >> Oh, yeah. Cuz I'm not an adult. >> I didn't say that. >> How old are you? 23? 24? >> When the arrest was announced, the driver pulled away from the officer. Under Florida statute section 843.02, any knowing obstruction of an officer's lawful duties, including pulling away, constitutes resisting without violence, a separate criminal charge. The ground takedown is evaluated under Graham versus Connor's objective reasonableness standard. Given active resistance, the force level was proportionate. The vehicle search was lawful as an inventory search incident to impoundment under South Dakota versus Opperman and independently under the plain view doctrine. On the tow decision, Florida statute section 713.78 grants discretionary tow authority upon arrest. But Florida standards recommend first documenting whether a responsible third party could take custody. No such inquiry appears in the available footage. >> Ma'am, we have plenty of White Claw in here. We have three bottles of White Claw back three cans. >> Don't touch. I'm not going to touch you again. >> One. Again, she did say she was getting a friend but I got a whole empty There's White Claw all in here. >> Can you let go of my >> No, I will not cuz you keep pulling away from me. >> Dude, can you hold on the other one then cuz you're >> No. >> Please don't >> Well, then stop pulling away from me. >> I'll take Can you grab on the other one? >> No, you can stand here. >> Dude, I have no feeling in that one. >> I'm not I'm not holding that hard, okay? Stop. >> Literally, you are. >> Okay, well, when you're an adult and you stand you don't have to have a police officer hold you. >> I am an adult. >> You're not acting like one, so. >> How so? >> Pulling away, fighting with us, driving drunk. >> Dude. >> Dude, what? And you think it's funny. That's great. >> I think you're funny. >> Oh, thank you. I appreciate it. >> Hi Jessica, I'm Deputy Patterson. >> Federal 227. >> Do you have anything on you that's going to poke me or stick me? >> No. >> Okay. >> Negative 10-20 10-40 10-41. >> Yeah. >> Okay. >> I just have my keys. >> Okay. >> Okay, you can let go of me. >> I'm not going to let go of you. I'm just telling you that right now. >> let go of me. >> I'm not going to. No, I'm not. Sorry. >> hurting me. >> I'm not. >> Face the vehicle. >> Relax. >> You have a bra on, Jessica? All right. >> Okay doke. Let's go. All right, so that's 20 here? >> I'm a waitress. >> 20? Yeah, we're just counting the money. We're counting your money. Turn on the camera. >> We got to We got to count it. >> All right. 25, right? 58 bucks. Count it. But >> I got to go through your car first make sure there's nothing in there. >> Which car is yours? This one? Right? >> Yeah. >> Okay. So unlock? >> Yeah. >> Thank you. >> You need a light? >> Yeah. Can you fix your shirt when you get a chance? >> Yeah. >> Camera's coming. >> Yeah. >> I think I'm going to be on there. >> I can't unlock. Do you guys understand I can literally hear everything you're saying, you freak? All right. I know. I already know. I know. I know. Excuse me. >> Yes, ma'am. >> Can I have somebody come get my car? >> No, it's getting towed. >> It's getting towed. Why is that? >> Because it's getting towed. >> Why? Don't I have the option for somebody to come pick it up? Excuse me. >> What's up? >> Why don't I have the option for somebody to come pick it up? >> Where are they? Where's your friend at? >> Excuse me. I live here. I know What are you looking for, dude? What are you looking for? >> Don't worry about it. 27 century >> I know you don't think I'm a human being, but I am. >> No, you are, but we can't be here in the woods. >> Why not? >> Because we can't. >> Both charges, DUI and resisting without violence, were dismissed for insufficient evidence. Florida courts require proof of impairment at the time of driving, not merely proof of consumption. The alcohol cans establish consumption. They did not establish impairment behind the wheel. A DUI prosecution built solely on officer observations without field sobriety results or a chemical test carries a structurally high dismissal rate. The initiating deputy receives a B. The stop was lawful and the approach professional. Sergeant Gale receives a B+. Probable cause was properly articulated and de-escalation was textbook, but the deduction reflects the absence of a documented inquiry before ordering the vehicle towed. Deputy Patterson receives an A- minus for a protocol-consistent pat-down. The minor deduction reflects the absence of a visible Miranda advisement on camera. The subject receives a C+. Refusing field sobriety exercises was a legal right, and the dismissal demonstrates the system can work, but physically resisting the arrest created a separate criminal charge and placed everyone at unnecessary risk. Three lessons. First, refusing field sobriety exercises does not prevent arrest. It removes objective evidence from the record, which cuts both ways in court. Second, physically resisting a lawful arrest creates an independent criminal charge. Compliance preserves legal options. Resistance forecloses them. Third, a DUI arrest based solely on officer observations without chemical testing is significantly more vulnerable to dismissal. If arrested under those circumstances, retain counsel immediately and challenge evidentiary sufficiency at the earliest opportunity. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.