welcome back folks to the DUI Channel we are in Gloversville New York where on February 3rd 2020 at 8 46 PM Gloversville Police noticed a driver taking a wide turn on West Fulton Street the vehicle continued a couple of feet before entering the correct Lane at this time the officer activated his emergency lights and conducted a stop on the vehicle on Orchard Street next to Jan's Deli inconvenience as his investigation begins yeah when you when you made that turn what'd you do you turned off of Grove yeah okay yeah and then kind of far but yeah you went over the center line into the other lane and you drove in that lane for quite a little bit and then you came back into the eastbound Lane I just know I took off to Boston okay you know to the right over far to the left okay do you have your license and or you gave me your license do you have registration okay well stay stay in your car okay where do you live right here yeah it's on my list okay how much have you had to drink today like four beers that's it yeah okay can you do me a favor just take your keys out and hand it to me thank you buddy I appreciate it why do you got a Florida registration that's where I'm I'm in between you're in between Florida and here yeah okay you live out in Florida sometimes there no my dad lives there he's a car dealer I go back down help him I come back up oh do you do car dealing down there yeah back porch okay I'm gonna have you step out okay [Applause] just step back here to the back of your truck [Applause] what were the uh the beers that you had that Bud Lights Bud Lights okay and you just had four were they little ones tall boys okay good all right do me a favor put your hands up here I'm just gonna patch you down for weapons you don't have any knives or anything right nope okay okay four and five County District and now they probably don't think you're on fields ready all right turn around for me okay you wanna hit my front lights in my spot all right listen I'm gonna run these okay one of the uh two of these tests is gonna be a walk and turn and a one leg is stand okay I know we're on uh like a slight yeah would you would you like to move over to an even ground in the parking lot over here or over here that's not even left right well I mean they're not they're not a they're not a decline so why don't we step over here where it's a little flat okay that's all right here what we could do actually just leave your hat right here because you won't you won't need your hat all right just come over here to this parking lot for me well parking lots okay all right buddy right here is good you wanna do it on the sidewalk there okay all right so what I want you to do face me okay put your feet together hands down by your side okay you're gonna stay just like that okay do you have anything wrong with your eyes you wear contacts glasses glass eye anything like that no all right all right can you see the tip of my pen right here yeah okay you're gonna follow that with your eyes and your eyes only do not move your head do you understand yeah okay [Music] keep following it yeah keep yep keep following it I know it goes way off I just don't want to move my head so I know but just follow it as far as you can okay and then if it's when you can't fall anymore just keep your eyes over there okay all right ready downstairs back apartment called 86 Broad Street downstairs and that's gonna go up and down okay same thing with your eyes only thank you all right do you have anything wrong with your back or legs that would disable you from walking uh I'm bad ankle okay all right but you think you can walk in a straight line okay what I want you to do okay imagine there's an imaginary line in front of you okay I want you to put your left foot in front of your right foot touching Heel To Toe keeping your hands down by your side and you're going to stand here just like that okay go ahead and do that and just stand there touching Heel To Toe just like this yep now you're going to stay in that position until I tell you to move okay when I tell you to begin okay you're going to walk on that imaginary line touching Heel To Toe on every step keeping your hands down by your side you're gonna count out loud okay one two three I took three you're gonna take nine okay when you get to your nine step You're Gonna Leave Your Lead Foot planted take a series of small steps around like that and walk nine steps touching Heel To Toe back on that imaginary line counting your steps out loud okay again I took three you're gonna take nine during the test look down at your feet the whole time okay go back to the position I told you you're going to look down to your feet it the whole time and do not stop until the test is complete okay do you understand those instructions yeah you may begin take your hands out of your pockets there you go [Applause] [Applause] all right again do you have anything wrong with your backer legs that would disable you from standing on one leg for a short period of time no just my English okay which ankle is it your left okay so would you be able to stand on your right and lift your left leg because the the my bones and probably not I mean I can I can try it I tell you well it's up to you or do you want to give it a try I don't want to medically you know disable you you don't want to do it I can do it okay do you want to do it again okay we want to give it a try I can do it all right all right so what I want you to do is put your feet together hands down by your side okay out of your pockets out of your pockets there you go down by your side okay you're gonna stay just like that until I instructed you otherwise do you understand okay when I tell you to begin you're going to lift either foot it does not matter approximately six inches off the ground you're gonna Point your toe forward you're going to look down at your toe you're going to count out loud one one thousand two one thousand three one thousand all the way to 30 or until I tell you to stop okay you understand that one one thousand all the way to Thirty yep one one thousand two one thousand three one thousand all the way to third year until I instruct you to stop do you understand that yeah all right you may begin I'm not good on that okay you can keep going if you want to try and take your breathalyzer do whatever you want to do as well okay so you don't want to try that I don't want to I'd rather just take a bright light all right well we have one right here yeah this is a pre-screened breath test okay it's a nice 40 got there it's clean is it always in Florida yeah oh so I didn't see salt now it's now it's getting exposed to Salt yeah I've only been here two months all right take a deep breath and blow real hard oh sorry I'm gonna wait for this there we go slow hard keep on keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing nope okay you're not blowing hard enough you gotta blow long hard and steady okay but not too hard so keep on keep going keep going keep going keep blowing keep blowing keep blowing there you go come on hold on right behind you oh the suspect submitted a preliminary breath test that yielded 0.14 BAC all right it's tied right yeah turn around for me okay put your hands together okay Todd right now you're being placed under arrest for suspicion of driving Under the Influence okay all right buddy come on over here [Applause] huh yeah uh 84 West 85 85. no do you have any do you have any priors no you don't have any priors this is here first I have a seat in there Jacksonville [Applause] these things are wrong yeah I'll get you this station as fast as I can okay all right I'm going to read you some Miranda warnings okay you're under arrest for driving while intoxicated it refused with them submit to a chemical test or any portion thereof will result in the subsequent revocation of your license or operating privilege whether or not you're found guilty of the charge for which you are arrested your refusal to submit through a chemical test or any portion thereof can be introduced into evidence against you in trial proceeding or hearing resulting from this arrest will you submit through a chemical test to determine the alcohol drug content of your blood so that's fine okay it's just another breathalyzer at that station okay all right here's your Miranda warnings all right you have the right to remain silent and refuse to answer any questions anything you say Cannon will be is against you in the court of law as we discuss this matter you ever stop answering my questions at any time you desire you have a right through a lawyer before speaking to me to remain silent until you can talk to a lawyer and to have that lawyer present with you when you're being questioned if you desire lawyer booking out of four when one will be provided to you before questioning without costing you do you understand these rights I've explained to you you can go my girlfriend's over to come get my truck well we can call her back at the station but we already have a there's already a token route all right now that I've advised you of your race or you want to answer my questions that's fine okay buddy I appreciate your cooperation I'll get you out of here as fast and quick as I can okay well the the roadside the the pvt the pre-screen breath test that's not immensible in court okay that just that just tells us positive or negative for alcohol what I arrested you for is basically my field sobriety test okay yeah you failed you failed my test okay all right because your is your foot tucked away yeah all right following the arrest the suspect Todd was taken to the Gloversville Police Station for further processing where he once again submitted a breath test that yielded 0.14 breath alcohol content in court the defendant pled guilty to driving wall ability impaired or dwai in New York state a dwai offense it's considered a traffic violation He was ordered to pay a 400 fine and a 255 dollar surcharge totaling 655 he would subsequently sense to zero days in jail along with a license suspension of 90 days and a conditional license for one year the suspect was further ordered to participate in an impaired driving program and attend a Victim Impact Panel