welcome back to the DUI Channel we are on the Northbound on-ramp at Exit 69 of Interstate 75 in Monroe Township Ohio on September 11th 2022 at 2:55 a.m. two deputies with the Miami County Sheriff's office observed a 2007 red Nissan Ultima traveling Northbound at a high rate of speed the deputies eventually caught up to the vehicle and set their cruise control on 88 mph whereupon on the vehicle began to create a gap from the squad car the deputy then activated his emergency lights pulled over the driver near mile marker 76 in Concord Township and approached the vehicle on the passenger side to speak with the suspect as his investigation begins ohy over here he's going to talk to you does this window go down hello Deputy County Sheriff's Office you know the reason why I stopped you today you yeah I was behind you I had my crew set at like 88 and uh yeah I'm so sorry you were still kind of gaining on me where you coming from oh my God I just came from the Yellow Rose my friend was there she end up getting a ride your friend was there at the Yellow Rose yeah she needed a ride and I went there but her boyfriend came make Pi her up okay you got your uh ID and proof of insurance by there please there you go bab this is not my um Sarah um you know Sarah my car broke down it's a Chevy Malibu but my mom just moved to Florida and her friend let me like her friend let me use her car until I got a car um I'm sorry I haven't ever gotten P uper before so I don't even know what I am I reg yeah that's a registration and then do you have insurance um as far as I know okay um yeah you don't have to call your mom yeah that's what company what company um it has like a troo person I'm sorry I'm just yeah like I'm newly adult where are you you said you're heading home we's home for you okay anything in the car we need to know about no weapons you more than welcome okay do you have anything drink at the Y Rose no nothing okay I all right is that drink there what's that there that I hly my stepmom that from the these aren't even F I'm sorry are they finished I don't know I can I see that yeah yeah yeah for sure for sure no they're not finished what's that you're not can I see one yeah are they alcoholic they're not mine I don't know I just stopped by my dad's and my stepmom she was in my car I picked her up you haven't been drinking these no no I don't that they're not finished though they still have all of them actually like every single not even said you don't have problem with about nothing all you just want to hang tight back by the Cruis in the search of the suspect's vehicle the deputy is located One open beverage still containing alcohol among others that were either empty or near empty mil nothing you want where's her you got her ID 11 CH yeah I'll run her if you want to talk through a little bit more see if it's SM okay [Music] yep of course what's your name uh Misha Misha yeah okay you were at the Yellow Rose you said let's step over here that you said you were at the Yellow Rose yes sir and you didn't have nothing to drink there no what were you doing there um picking up my friend I just got off work I work at Applebee's I got work at midnight I just came to pick why you dressed like that to go just pick up a friend because I was not going to walk in the other roads with my work uniform I was there for a minute but not too long not too long you didn't have nothing to drink no okay would you mind explaining why there's three open cocktail drinks in your passenger seat one's empty one's almost empty and then the other one's about half best be honest with me I mean I'm just I look over and I see three cocktails or 9% alcohol one's finished one's got a little bit at the bottom and then one's about half [Music] that they're mine they're yours they're mine and you have you been drinking them some of them most of them I dumped out dumped out and then when the last time you think you probably had a drink up one about an hour and a half ago an hour and a half ago okay is that the only thing you drank or did you have something at the rad I don't have anything at the RO okay all right well he's running your information for you I appreciate you being honest um the next thing I'll probably have you do is I'll run you just through a field Tob due to you admitting that you have drank those uh I'm just going to see if you're impaired to be driving a motor vehicle it's a simple a simple simple test that uh just lets me know whether you're have had two minutes of that to drive no I a drive not so um other than that we didn't find nothing I was we were more looking to see if you have tried to hide any more alcohol because it's pretty obvious that no one drives around with empty mhm empty uh can sitting in their passenger seat and I think I looked at your uh driver's license you're only 18 aren't you I'm i' be 20 and 2 months 20 and 2 months okay I'm put over her so okay thank you huh she's L she is you want to shut these lights off for me thank you so much yeah like I said it's just there's it's three simple three simple tests and after one like I I'm not just to make sure that you're capable to drive I don't want you to be driving home I mean doing 88 if you hit someone El we want to make sure you make a home tonight okay no for sure you're doing your job I respect it yep all right so we're going to stand over here I'm going to get this light here and then uh it'll stand over that way okay the first test I'm going to have you to do involve your eyes you have anything wrong with your eyes that would make you not be able to see the tip my pen here no no MM okay so just follow the tip of my pin with your eyes and your eyes only don't move your head for me okay I'm just going to check your eyes here try to keep your head still okay okay sorry [Music] all righty next test I'm going to have you do involves walking a short distance do you have anything my foot CL what's that can I take my foot you can you're more than welcome too do you have anything wrong with you that would make you not be able to walk in a short distance about from there to here um not really but I have a met a rod okay it just involves walking in a straight line okay we'll get these out the way here all right so we're going to imagine that there's an imaginary line straight to my cruiser okay I want you to put your left foot on that imaginary line right foot touching Heel To Toe like this and put your arms down to your side I want you to stay in that position until I tell you to begin okay okay so right there just wait go back to the beginning stay in this position until I tell you to begin so like this okay while staying in that position okay I want you to take nine heel of toe steps down that imaginary line okay like Stu you come back here man you come back here I want you to stand in this position right here until I tell you to begin so stay like this until I tell you to begin I want you to then when I tell you to begin I'm going to demonstrate it for you I want you to take nine Heel To Toe steps down one 2 3 pretending this is your ninth step I want you to take a series of small steps to turn leaving this imaginary foot on the line take nine heels toe steps back you understand yes sir okay when you start the test I want you to count your steps out loud keep your hands down to your side and once you start the test don't stop okay stay looking at your feet for me you may begin one two 3 4 5 6 7 8 9 7 8 sorry kind of my head no you're all right last test I'm going to have you do involves staying on one leg for a short period of time you pick which leg you would which leg you would like to prefer stand here with your feet down to your side for me when I tell you to begin I want you to raise one leg approximately 6 in off the ground while standing in this position I want you to stare at your foot count your steps or count out loud 1,1 1,2 1003 all the way until I tell you to stop okay you just go as as many as as long as you do and I'll tell you when to stop okay yes sir you may begin whenever you want 1001 1002 13 1004 1005 1006 17 1008 1009 10010 1001 112 1002 13 114 1156 2017 2018 2019 2020 2021 12223 1024 1025 10267 all right you can put your shoes back on and grab your uh thing there thank you I'm going to have you place your hands behind your back for me okay I do believe that you've had too much to drink to be driving a motor vehicle okay so we're going to take you down to the station you can blow uh and a portable breath tube which will tell your alcohol level uh and we'll go from there [Music] okay is that okay um no um what's wrong I have someone on the way to the house just go ahead and put your put your hands together [Music] for double lock these here don't feel all right not too tight yeah for you need anything out of your car there uh my wallet it's my first I'll set the car off Lo it and I'll grab all that um the keys are in like a weird it's in like a deep end it's in the middle a start we go step on over here for a b you got a cell phone with [Music] you before right there give this one sec hold right okay hold on hold I'm um I'm trying to keep it together but I've never done this before and I have nobody in this state like I if I'm about to be locked up I need to call the one person that's like forever miles away CU I do you have uh so what's next here I'll explain it to you I'm going to read this form to you yeah for sure um you can either you can either refuse or you can do a portable BT which is a breath test that you blow into this thing and it tells you your alcohol be BAC or if you refuse then you I'll just mark it as a refusal and I'll charge you with an OVI but if you are uh cooperative and whatnot we'll take you down there you'll you'll do the breath test and whatnot and then if you can you have to call someone to come pick you up or we can give you a ride to a house but someone you have to someone that that's okay that's okay I thought I was going to jail I'm not for that and I no if you're you're being pretty what not so I understand uh yeah do it do as you please that's okay and then you we'll either give you your phone so you can call someone to come pick you up or if it's in the county and it's not and we don't have a call I can maybe drop you off a house okay thank you thank you K that's cool sorry yep so just hang for me if if it helps like if you guys can't find my keys um if you guys turn off the car and like if it turns back on my keys are somewhere in the car close I did that I did that and it's still turning back on so so I wouldn't even I wouldn't even yeah but we don't want no one to come steal it or uh we want we would like to lock it to ensure that nothing gets taken and cuz it is parked off legally so we don't have to have it towed so you could get it tomorrow when you're sober okay yeah okay so give me one second okay thank you following the arrest the suspect Misha was read the Ohio Bureau of Motor Vehicles form 2255 whereupon she consented to providing a breath alcohol sample years if you uh blow for us today and you do the BAC uh with no priors your license could be suspended for 90 days uh for one prior it could be 100 one year so after me reading that would you be willing to go down to the Sheriff's Office and okay whatever you all righty I just know I it's required for me to uh read this to you what's that are you do I am good job yep I worked in the uh I worked in the jail there for 2 and 1/2 years okay and then I went to the academy and now I'm out here so keep it up well I appreciate it thank you give me one second the breath alcohol sample yielded a result of 81% because the suspect was 19 years old the result was four times over the legal limit of .2% breath alcohol content to drive in the state of Ohio if under 21 years of age in court Misha was charged with speed limits assured clear distance and and operating a vehicle after underage alcohol consumption breath alcohol content between .2% and 8% otherwise known as OV UAC on December 7th 2022 2 months and 26 days after the arrest the defendant pled guilty to the reduced charge of operation in willful or wanton disregard of the safety of person or property she was ordered to pay a total of $379 as of October 5th 2023 the entire balance is outstanding she was sentenced to 30 days in jail with 27 days suspended no time on probation four points on her license ordered to attend a driver Intervention Program for 3 Days jail credit and have no like offenses for 2 years of note her driving privileges were not affected by the sentencing