welcome back to the DUI channnel we are in Darlington Wisconsin where on June 16th 2020 at 8:05 p.m. a Darlington police officer recognized a subject from past professional contacts pumping gas at Casey's General Store within City Limits via a record check the officer confirmed that the suspect was driving with a suspended license and a traffic stop was initiated on the 300 block of Catherine Street after a Lafayette County Deputy addressed the driver the officer approached the suspect and as his investigation begins hey Matt hey long time no see you huh yep how's it going not too bad how are you good so I'm the canine Officer here in Darlington yeah okay U my dog's trained to alert to the presence of ODS of illegal narcotics there anything my dog going indicate on in the vehicle yep what's in the vehicle weed weed okay where's that at in the uh center console the center console okay you want to just step out for me real quick why you going arrest me I'm don't know what's going to have it's not my stop I'm just going to search the car okay so do you have anything on you need to know about yeah my pocket knife right there probably knife anything else no no all right I'm just going to throw this up here for ala purple is that your color or what yeah yeah gotcha I don't have such in the squad do I you're not going to run away on me all right man just come sit over on the curb okay how much weed's in there the just a ball okay 63 961 when's the last time you smoked probably about a half hour ago half hour ago okay no problem you smoke like on your way down to Casey's or uh before I went to Casey right before you went to Casey's all right so um he there's some marijuana in a Center Council he said a bowl is that what you smoked out of you smoke out of that bowl yeah okay in the house or in the car in the house in the house okay uh if you want to search I can run them through Fields sure okay I have my phone uh in a little bit where is it in there yeah yeah I'll set it on top of the car I'm not going to have you on it right phone who you going to call my roomate your roommate okay we can do that in a second here I'd like to deal with what we got going on first okay um being as you did say you just smoked I'd like to run you through some tests okay and make sure you're good to drive so um I'm just going to cut the front lights of the squad car off so they're not in your way and we'll deal with that all right you turn your radio on just say temp4 um okay you still feeling the effects of the marijuana right now yep yeah okay um have you gone through field sobriety before or no yeah okay have you ever been arrested for ow NOP no okay I'm gonna have you stand up and come towards my squad car okay and we're gonna start working through that all right do you have any uh physical defects at all no no okay do you have any eye problems yep I'm blinding my right eye you're blinding your right eye okay you can't see anything well I can't see but I'm partially blind you're partially blind okay I got a lazy eye and my right eye is CH like a football and I like football yours gotcha okay um I'm still going to check your eyes um but I'm going to document everything you've told me as far as that goes okay um so for this your hat should be fine I guess I'll just have you stand with your feet together and arms down to your side okay okay are you able to see the tip of this pen yep and what color is it black black great I'm going to have you follow the tip of this pen with your eyes and your eyes only keep your head straight you understand mhm we're almost done here I'm just going to go around in two circles I'm going to come towards the tip your nose but I'm not going to touch it okay okay you can go ahead and relax uh if you want to do that I'll just do this part just pencil so it's brigh okay you said you don't have any uh physical defects correct no okay um this is pretty level here so what I'm going to have you do uh is imagine a straight line from your feet towards your car okay uh what I want you to do now is place your left foot on that line put your right foot in front of your left foot with your heel touching your toe keep your arms down to your side and don't move until I tell you to okay so what did I tell you to I want you to take nine Heel To Toe steps down that line turn and take nine Heel To Toe steps back so I'm going to demonstrate for you okay so you're like this be one two three now I took three you're going to take nine right when you get to your ninth step I want you to keep your front foot planted take a series of small steps turn and take nine Heel To Toe steps back down that line one 2 3 and so on all the way until you get to 9ine okay while you're doing this test I want you to keep your eyes down to your feet count your steps out loud keep your arms down to your side and once you be the test don't stop do you understand okay go ahead and [Music] begin okay next test we're going to do is called the one leg stand okay so again just feet together and arms down to your side for me okay out of your pockets too okay when I tell you to I want you to pick a foot of your choice up approximately 6 in off the ground uh you're going to keep both of your legs straight and and your foot parallel to the ground so I'll demonstrate for you again it's going to look like this 1,1 1,2,3,4 and so on all the way until I tell you to stop okay uh again while you're doing this test keep your eyes down to your feet count out loud just as I did Keep Your Arms down to your side and once you be on the test don't stop do you understand go ahead and begin 3 4 5 6 7 8 9 11 12 14 15 16 17 18 19 2020 2021 22 23 24 256 27 28 29 30 31 32 okay go ahead and stop okay the next test we're going to do is called the modified Romberg balance test so yep just stay in that position like that uh feet together arms down to your side now when I tell you to I want you to tilt your head back approximately 45° close your eyes and estimate the passage of 30 seconds this necessary well I'm just checking to see if you're impaired right now okay as far as you can see I'm impaired okay so you you feel as though you're impaired right now yeah I I passed all your test what's that I passed all your test it do you do feel you're impaired sure why not if you're going to give me a ticket give me okay well I'd like to do uh at the very least this next one just to see where you're at for this okay is that all right yep okay so I'll I'll re explain so tilt your head back approximately 45° close your eyes and estimate the passage of 30 until I tell you to okay when I tell you to just lean your head forward open your eyes and say stop do you understand y go ahead and begin say stop when you about how long was that 10 minutes okay you don't got to play games with M if you don't want to do the test you don't I mean you guys pulled me over you guys are going to give me a ticket or you guys are going to arrest me anyway so what's the deal well I'm just this kind of uh I've been you know I've been through all this before so I know you have so these tests are trying to give you the benefit of the doubt you mean you told me you still felt the effects of the marijuana you felt like you were high right so I'm trying to to confirm that with these tests but if you're not going to do them then I'm just going to take your word for it and arrest you for ow okay so we're going to are we going to do it again yeah do you need me to re-explain or no 30 seconds 30 seconds yep so hold on go ahead and begin okay um the next test we're going to do is called the finger to nose okay and this will be the last one that we do all right um so for this test these are the sides of your finger pad we're going to use the tips okay so these are the tips of your finger so I'm going to have you stand just like this okay um so what I'm going to have you do is bring the tip of your finger to the tip of your nose okay um but I'm going to instruct you on which which hand to do it so um for this test you're again going to close your eyes and tilt your head back okay um so if I say left then you're going to bring your left the left the tip of your left finger to the tip of your nose and then bring it back down Okay so we're going to do that until I tell you to stop you understand okay so go ahead and close your eyes and lean your head back left go ahead and bring your finger back up right you can just bring it back right away as soon as you touch the tip of your finger to the tip of your nose bring it right back down left right right left okay you can go ahead and relax okay Matt like we were saying before you you are still feeling the effects of the marijuana correct okay and based on my test I am seeing some indicators of of impairment from marijuana okay so I'm going to place you under arrest for for that okay all right so just hang tight right here you've always been pretty decent with me I can hand up you in front right yeah okay so I'm going to grab a belly belt that'll be more comfortable for you well I can take all that if you want doesn't matter yeah I can just take all that that's fine um put this in front here for a minut uh hold on yeah let me just get this belt at least secured on you and then yeah I'm fine with that yeah let's go gra we can go grab a cigarette they over here a bowl and is that dab yeah okay that THC cart in that Vape huh is that THC cart in that VAP yeah okay honestly it don't make a difference to me I'm not going to Rite you an extra ticket for it just depends on if I'm much take it or not as well uh just throw them yeah then you can clear and just a up on what you found and I'll just write all the citations then you just going to call him let them know yep okay um is she going to be home cuz we're going to need someone is this you this is your first towi oh I had one in a row hello yeah I'm being arrested O OWI driving while high the officer right in front of me I'm in front of the house yep yeah I know well he pulled me over because he knows me and I'm not supposed to be driving so yeah I know so when you guys get home the car is going to be a mess and because they went search to it and we grab the groceries out of here and in house is there anything frozen in there what anything frozen or cold cold yeah okay you've been decent with me we can go put that we can go put it in the fridge there's creamer in there I'm here to work with you I'm not trying to be oh well he said I could go play it in the house I'm I'm just going to put yeah yeah is she going to be available to pick you up later why am I going to make can I get released tonight yeah I I think I mean depending on I have to look but if you can be released um I can walk well I have to release you to a responsible party I know you could just walk but since I'm arresting you cuz you're impaired I can't let someone who's impaired please you know what I'm saying okay so apparently since I'm impaired you got to come pick me up at the police station I can drop I just I can drop you off I just need someone that's available is all but it all depends on if I get release tonight or not which I'm pretty sure I will but she'll be available later well he'll probably drop me off later yeah if you want to yeah yeah yep right at the courthouse you got any open cases huh do you have any open cases I don't believe so no okay cuz that'd be the only thing all my all my traffic tickets went IRS okay any other you had some cases out of Green County didn't you I had some cases out of Green County but I finished those I did theer prosecution on all probation I did prosecution for my ow there okay and I did that and start should be dropped okay they said they got dropped I'll take a look like there's nothing on my end that's going to hold you but if there's open cases or something you said you're not on probation right no okay I've been on probation for about a year and a half now okay as long as there's nothing funky that I find there's no reason why you're not going home tonight shouldn't have this is the first stop I've been on for almost over a year I know I know you've been doing well haven't you You' been sneaking around and come on you ain't got to play games with me I know you just been a little sneakier as all maybe yeah uhhuh exactly why don't we grab the stuff and get in there so we can get moving all right I got to go can I throw all this I'll I'll take care of that once I throw you in the squat just throw it all in the car all right I'm going to have to come in there with you I mean since you're in my custody on the POR on the porch I got there's a pit M and St Bernard you got four of them in there huh two two oh they're just gotcha muts okay okay bye you're just going to throw the stuff on the porch yeah all right I mean I can put them in back it's kind of what you're doing unless you want them in front a little better I think isn't it yeah I've been through this whole deal I know you were you High when they arrested you for o in Green County you're drunk I got in an accident I was driving home from work from Walmart and that turn that intersection right there by 81 the turn to hardout in regards to the case referenced in Green County that occurred on September 20th 2018 the suspect was charged with four traffic violations including operating while suspended he later pled no contest and was eventually ordered to pay $586 30 this amount has been paid in full oh so you were expecting them to keep going and they did keep on going Y and okay the tell woman gotcha I got to pull this stuff out so hold on a [Music] second all right you can hop in man that throw seat Bel on yous that's whatwear I hate about summer oh these Nats have been crazy too I me I love summer but the ns are yeah for sure following the arrest the suspect Matthew was read the informing the accused form to which he consented to providing a chemical blood sample am restricted controlled substances in your blood you hear all that yep will you submit to an evidentiary chemical test of your blood sure all right in court the defendant was charged with operating wall intoxicated or OWI first offense operating wall suspended possession of marijuana and possession of drug paraphernalia before the results of the blood sample were known the suspect pled no contest to all four counts 48 days after the arrest on August 3rd 2020 He was ordered to pay a total of $1,989 in court assessments as of March 4th 2024 Matthew has an outstanding balance of $1,932 he was sends to zero days in jail a license revocation for 6 months in ordered to participate in an alcohol assessment 7 months and 15 days after the arrest the results of the chemical blood sample were received by the Darlington Police Department which yielded 2. 0 nanog per milliliter of Delta 9 THC per statute 96755 section 1M subsection B5 this is twice the legal limit of 1 nanogram of THC per milliliter of blood to drive in the state of Wisconsin