welcome back to the DUI Channel we are in Beachwood Ohio where on May 20th 2020 at 11:25 p.m. officers with the Pepper Pike Police Department responded to a call near Northbound mile marker 30.2 on Interstate 271 in regards to a motor vehicle accident upon arrival officers observed a 2010 Nissan Versa at a 90° angle in the express lanes along with a 1995 Honda Gold Wing motorcycle in the grassy median an officer began speaking with a witness to the accident as his investigation begins you saw him traveling in the what Lane in the local AC okay so that's what made me go past him okay but when I seen the motorcycle guy laying in the grass I thought he had got burnt up cuz he got on all black okay okay 39 but he not looking too good he need to sit down for a minute I'm going to need you my position on the express okay do you have shut down south of where you're at correct but I need you here at the crash C okay do you have your driver's license it's not on you where's it at in the car okay is a Play registered to you no okay who's the vehicle what's that I can't hear you goe okay and who is she to you what's that girlfriend okay where you coming from right now 131st yeah you're going to have to speak up 131st 131st okay where you headed to Beachwood the Beachwood you were coming this direction which direction were you coming from what's that yeah which way were you traveling down the road here that way this this way okay how much you have to drink tonight just a little bit how [Applause] much I mean look look at your tracks here right which which direction were you coming from what's [Applause] that where where did you get on 271 at field what's that 1field I can't hear you you're going have to be up 1field dufield 1field in Garfield okay so you're coming this direction yeah and the local 's over here [Applause] correct you were heading that direction yeah okay do me a favor keep your hands out of your pocket for me okay you have anything on you keep your hands on you have anything on you no okay I'm just going to Fat you down make sure you on weapons where's your wallet at what's that you don't have one no okay where are the keys to the car what's that in the car okay all right that's what I want you to do come back here just have a seat in the back seat of my car okay all right and he what's that your phone okay I'll get it for you in a second he's going to stay back here with you okay I'm going to gather your information for the [Applause] vehicle you would just hang out with him for a second I think I think he was going the wrong direction you look at the track which which way was he going the one witness said here said he hit the wall and if you see the fluid track right where hit the wall here he actually does a huge circle and comes back here all the way around yeah if you follow the food track he actually leaves the express lanes circles around and comes back here okay and that's what one of these gentlemen said I think the gentleman the UPS blue shirt when I first got up he said he hit something here which is why the motorcycle landed there and then he left went Lo the local lanes and then stopped here where did he strike the motorcycle on his vehic I didn't I don't know that I don't know or if the motorcycle dropped it s avoiding him that I don't he told me he got on at Lee and he was coming from Cleveland the motorcycle familiar to me what's that he's familiar to that face is familiar to me I know I've dealt with him I'm from Heights I just got off one of the detectives I just got off turn this off Qui while the officer completed accident paperwork and towed the vehicle the sergeant discovered that the suspect had a warrant out for his arrest issued back on September 5th 2019 out of Streetsboro Ohio located 30 minutes south of Beachwood in this case the suspect submitted a breath alcohol sample which yielded 138% and was subsequently arrested and charged with two counts of operating a vehicle Under the Influence or OVI he was found guilty of one count of OVI in order to pay a total of $492 between fines and court costs the full amount is not due until May 4th 2027 he was sent to 180 days in jail with 170 days suspended a license suspension of one year and six points on his license of note the defendant was incarcerated in a federal prison and was unable to appear in court all right I'm ready okay over [Applause] [Music] here yep just keep your hands out of your pockets yep all right comeing up here all right go ahead and stand right here in my light all right face back towards [Applause] man all right said you how many drinks would you say you had today yeah today hey keep your hands out your pocket for me it's okay go ahead how many drinks what I had a couple today a couple today what did you have cup a cup yeah what did you have Patron Patron how long ago it had like a like an hour hour and a half ago okay what time would you say that was I don't even know what time is right now okay no 11 something yeah I had girlriend work 11 something so had to be like around 10 something around 10 something okay it's it's 12:16 right now okay keep your hands on your Pock okay it's 12:16 so you said after 10:00 11:30 exactly 11:30 what she got 11:30 exactly before it gets off 11 11:30 exactly and that's when you had the drink no before like before like hour before okay and when was the last time you ate before you drank before I drank I ate like like two hours two what' you have some chicken wings how many you s from the gas station anything else no drink anything beverage wise like water pop water water okay all right all right you wearing contacts no no okay can you see the tip of my finger all right do me a favor all right open your eyes as much as you can okay there you go try out to [Applause] squint okay follow tip of my finger okay just follow with your eyes don't move your head okay try not to move your [Applause] head okay try to open your eyes there you go all right keep fing my [Applause] [Applause] [Applause] finger all right keep follow mine my [Applause] finger 36 to 07 go that's good up there so I was going to head the Hill Crest and uh try to get a statement from this guy okay 4 337 me r [Applause] [Applause] [Applause] 10 [Applause] okay all right relax all right shake it out all right all right stay right here on the spotlight okay turn around face the other direction yep all right keep your hands on to your side all right I want you to stand in the position all right while I show you how to do the test all right I'm going to show you the instructions all right wait till I finish tell you to begin before you start okay okay all right stay in this this position all right feet down together okay all right I want you put all right left foot all right it's going to be on the line all right put your right foot in front of your left foot just like this go ahead and do that now put it all the way in front of your left all the way in front right in front of the other all right see how I have mine okay all right remain in this position all right till I tell you to begin all right look at me okay you're going to take nine Hill the toe steps all right following this wide line right through here nine H the toe steps going to look like this wait till I tell stop he's still telling you okay put your left foot behind your right foot there you go stay right there all right don't move just listen to him all right keep your hands down to your side okay nine H the toe steps it's going to look like this all right you're going to count out loud one two three and so on till you get to your ninth step on your ninth step all right you're going to take small turns all right small turns till you face back to the position that you came from all right leaving that that lead foot on the ground and you're going to count back nine steps one 2 3 and so on till you complete the nine all right I want you to remember all right you're going to watch your feet all right you're going to keep your hands down to your side all right once you begin you're going to continue all right till you complete the test all right do you have any questions yeah I'm cold it ain't bu what's that I said I'm cold it a it's I'm just cold okay all right do you have any questions no I got shirt I ain't got no shirt on I'm just you don't have a shirt on under there okay we'll try to speed it up all right all right go back okay all right there you go all right whatever you're ready begin remember keep your hands down to your side all right straight down to your side up against your leg there you go again 5 all right all right face this direction keep your feet together all right keep your hands on your side all right the next one is one leged stand one leg stand yep hey have you done these before yeah okay when was the last time you did them I Dido how long ago sure like this year last year couple years ago last year last year okay all right when I tell you to begin all right you're going keep it hands down to your side all right look at me all right when I say to begin you're going to choose whichever leg your left leg or your right leg all right you're going to raise it all right 6 in off the ground all right lock out your knee you're going to watch your tip of your toe you're going to count 1,000 1 1002 1003 and so on till I tell you to stop okay remember all right one leg lift up 6 in off up off the ground keep your hands down to your side all right and if you put down your foot at any time raise it back up and continue counting where you left off okay all right give me a second okay get back in position for me okay and walk down to your side there you go all right ready begin okay count out loud 11 141,000 151,000 161,000 171,000 181,000 19 okay and stop all right go ahead and turn around all right I'm going to place you under arrest for Lov hour [Applause] okay the uh you said wind oh I I understand I mean it's about a it's about a 14 mph wind um you know that'll be like I said that'll be in a report the wind conditions and stuff like that it's I hear you I hear you it's not it's definitely not warm and it's windy so um don't worry we'll add that all in there they'll see the video too you got dash cam going rolling so let's go have a SE in the back let's get back to the car I'll search it real quick hey we'll just do it right back here I'm going to call your sister okay I'm going to let her know there you go cell phone I think that's all he's got us I got someone okay I'm working my way around I'll get there I'm going to zip up your pocket here so your cell phone little flying okay um your your girlfriend's license and her uh digital camera and stuff like that we took that out of the car and we're bringing it back okay so we can get a tour we don't want it to go with the toe all right go ahead and have a seat watch your head when you step [Applause] in go face that direction face to the left I feel the test yes following the arrest the suspect Javon was transported to the Beachwood mun ipal complex jail whereupon he was read the Ohio Bureau of Motor Vehicles form 2255 and subsequently refused to provide a breath alcohol sample in court the defendant was charged with driving under financial responsibility law suspension or cancellation operation without being in reasonable control of vehicle and operating vehicle under the influence of alcohol or drugs or OVI he was additionally charged with two counts of Acts and contempt of court after arrest warrants were issued for failing to appear in court on May 8th 2023 2 years 11 months and 18 days after the accident Javon was found guilty in absentia to the original Three counts Only He was ordered to pay a total of $575 between fines and costs this amount has been paid in full he was further sentenced to 30 days in jail of which 27 days were suspended and 12 months on probation