welcome back to the DUI Channel we are in skodak New York where on May 12th 2022 at 11:30 p.m. a patrolman with the skodak police department was dispatched for a reckless driver traveling Northbound on State Route 9 within Town limits the patrolman observed the vehicle abruptly turned in front of other cars while pulling into a steward Shop's convenience store once the vehicle parked the patrolman activated his emergency lights stepped out of his Patrol vehicle and approached the suspect as his investigation begins what's going on nothing nothing nothing you're sweating profusely you're thrashing around the car here what's going on nothing bad nothing bad what about those SED te's over there the call in a white Honda was going to park in front of the oh man where are you coming from I'm coming from Let Me Tell can I just be straight with go ahead and be straight up with me that'd be great listen do what you got to do I'm going to be straight up all right okay stay in the car don't tellou you to get out what's going on I'm not going to hurt you I'm not worried about you hurting me all right well whatever this is it just sucks I'm not way I can't J all right you g to look up my name it just sucks man what sucks my felony probation I visit at a woman she's in a nail chair I moved her in I had a couple I'm arguing with my friend on the phone you can call him he's like Mark can you make a home I'm like yes Jake I can make a home he's like I'm worried about you I'm like Jake make a home do you understand why I'm doing this this I'm putting her first dude I swear to God I swear to God I swear on my father's grave I'm trying to get my kid my what if you talk to my probation offic man he I swear to God it's the sickest situation you've ever seen she left with a guy that threatened her father that wants to kill her father that took her away from me she left her son he called her mother a he hates and I got a jail have a job woman where were where were you coming from I'm coming from uh W tur bike glancing I will part this car you can call Amy I swear who's Amy Amy who's that she's a she's a woman I met and I was in a hard times and do you have ID on you by chance boss yes I do yes I do I it's my kid man I swear to God buddy how much did you have to drink tonight just those two te's on the floor two te's okay and when did you you consume them an hour ago an hour ago I'm not going to lie listen Okay please have you taken anything else tonight you any medication any drugs or anything like that nothing no drugs okay why are you sweating so profusely other than it's a little warm out I was arguing with my buddy okay arguing because you were driving and drinking but he's like Mark and I'm like Jake he doesn't I'm not it's hard to get into man well we're trying to figure it out cuz like I said I'm pulling in in the parking lot behind you stay in the car all right I got somebody that's following you up the road here you're all over the place you're driving all over the roaden you can call him right now I will do cart whels well we're going to we're probably going to do Feld surpr CU you admit me you're drinking but let me get your license first okay all right well do what you got to do man it's bull I pull in the parking lot here behind you and it took you about you know five different tries to get in a spot here okay just hang tight there for a second okay Mark after relaying the suspect's information to dispatch the primary patrolman approached the caller now in the parking lot while the secondary patrolman began speaking with the suspect Mark just hang knif for a second okay my partner's on the other side of your car so you don't get jumped all right why why do you why do you think you're going to prison I'm any probation what do you want what do you want probation for bro I'm a good guy man how much longer you have left with probation 5 years I did a year domestic violence I'm not and it [Applause] sucks my son doesn't have a mother she to my father-in and my fine man no one said you're going to prison I'm not going to do good over this I'm sure I'm pulled over fine do you have anything other than the two twees down there I'm sweating I know you are that's why I'm asking I swear on my father's grave okay mhm I'm piss in a cup I I'll drink I know I know I see him right there all right um I think I put my k man how old your kid 8 years old boy or girl boy I got man he's my wife my wife left her father everything stick with me man I swear to God if you I'm not a bad guy are you up from near Lake George I'm with my buddy because I had him a bad guy but when I went to jail this guy father his tring water on the both of them there trading water on her I see my kid I stab I'm not it sucks I know what it looks like you guys you guys got a job whatever you got to do it just sucks man it's about my kid man I don't give a about me he loves me to be at his games man it's going to be tap I swear gu sucks bro promised him mommy is with a guy that hates Daddy had a couple so let me ask you something do you have any sort of like underlying medical conditions or anything no medications not diagnosed with anything I talk to my buddy talk to where I live her father has a restrain she is with a guy that was up for murder charges that wanted to kill her mother and call their sisters my wife lost her mind and this is what I'm facing I did six months over I went I did a year of probation I have nothing on me okay I did domestic violence I finished this class y I did you're you're on probation for criminal contempt right yes y okay I'm telling you man just I don't give a about me cut my arm off my kid needs me man okay Mark we're we're not we're we're not going to cut your arm off what we are going to do is like I said we're going to get out and do some build sobriety out here I'm I'm going to pass it man I you know what I hope so but I I'm concerned that there's something else going on just because of the fact like you said your pupils are absolutely huge you didn't take any pills or anything like that or any drugs or anything you didn't smoke or do any any other drugs or anything like that tonight okay do you have any weapons on before you step out of the car any knives or anything like that okay what I'm going to have you do that we're going to step out here we're going to come towards the back we're going to run a back of your car and we're go up on the sidewalk in front of the S okay come on this way sure are you no no fense but are you normally this erratic and jumpy and jittery well how would you be if your wife was with a man that was that wanted to kill your father and your mother yeah I am yeah okay you one what I'm asking is just professional experience I'm not from professional experience somebody that Jitter on something like profal man okay I I come from a Catholic Family I've been through a lot of okay it sucks all right yeah I'm IR Ric you are very so we're going to we're going to go on the sidewalk up here in front of this door all right we're going to perform a couple of tests all right here we'll go we'll go right here so you're not in front of the windows it's all right what you guys want to do man okay just do me a favor just don't put your hands in your pockets okay first thing we're going to do is we're going to do a test for uh your eyes all right can you see a tip my pen sure what I want you is I want you to follow with your eyes and your eyes on only okay don't move your head just follow with your eyes Okay MH don't move your head Mark okay don't fall over I just don't want you to fall hit your head or something falling over man do you have any medical underlying conditions you have any H injuries anything like that I don't I had a broken leg how long ago 10 years ago okay all right I'm not a heric man just keep just keep following this with your eyes [Applause] Okay 23 okay one more with your eyes all right there there's there's a whole series of tests for go through okay so just bear with me all right I'm sorry sir okay just just bear with me take a deep breath and relax and we'll go through this [Applause] okay okay you said about an hour ago on those drinks correct yeah okay you're good we're going to use this line right here this cracking the sidewalk you see it in front of you right sure what I want you to do is I want you put your left foot on that line I want to put your right foot heel to toe right in front of it like this okay sure put your right your hands out of your pockets so left foot on the line right foot heel to toe in front of it can I stretch or something before you want to stretch it's fine yeah can I just take a minute cuz I said as long as you don't run as long as you just stretch well the woman I'm taking care of I had a are you going to stretch or you going to talk all right I'm being honest man well let's be honest over here things man but my little things why are we walking this way I'm trying to get through this I have a kid to bring up otherwise he's going to be raised pimped down by guy that's give my wife drugs that once to kill my mother-in-law okay sucks man are you ready we we'll start over with the instructions sure see this line right here right this line right here yes sir put your left foot on that line put your right foot heal the toe directly in front of it put your hands down by your side stay in that position while I give you the instructions okay sure hands down by your side Mark okay when I tell you two and only when I tell you to I going to take a series of nine Heel To Toe steep forward okay you're not going to do it I want to do it man then what's going on I don't come towards me cuz now you're getting on my nerves okay all right Mark I'm asking you to perform these tests if you're not going to perform these tests then what's going on I'm going to perform it I was sick last week with what I didn't get tested I slept for a week do we want to try and do this test excuses let me just try to get this pass me and feel me left foot on the line right foot in front of it heel the toe right foot in front there you go hands down by your side all right when I tell you to begin you're going to take a series of heel and toe steps nine in a row okay and I'm going to show you how to do this I'm going give you a demonstration just follow my instructions okay when I tell you to begin and only when I tell you to begin I'm too nervous I I got agility man I swear to God I'm not can you do a different test I mean I just we have three test to do the first one is your eyes the second one is a walking turn your third is a one leg stand God it sucks I'm just jittery I was fighting we got that which is what may makes me B to believe you got something else going on no it is a lot going on if I think my kid's going to get of State because I had a tea man okay you didn't have at you had two all right two so that means my kids getting state that makes it better it sucks man it sucks it sucks I'd be if I was in these shoes I'd be working at your house you'd be like wow Mark I love you great no I do my own work at my house that's pretty good well all right what I hear what you're saying left foot on the line right foot in front of a he the toe right foot in front left foot in the back right foot okay hands down by your side just like that when I tell you to begin nine heel or toe steps and I'll demonstrate one two when I tell you to begin only when I tell you to begin stay in that position right there one two three and so on and so forth to get to your ninth step when you get to your ninth step you're going to leave your lead great foot on the ground take a series of small steps back around and then you're going to come back along the same line one two 3 until you get to nine while you're doing so I want you to look down at your foot count out loud and continue walking do not stop the test once you begin you understand yes sir all right you go ahead and begin whenever you want more two three 4 one two three one 2 3 can I continue or yes please one two three one two three I this is horrible it sure is looking that way all right one two three one two three okay all right we we'll stop the stop the dancing okay I got one more test for you to do okay all right want don't you to do just like I'm doing feet together hands down to your side stay in that position okay sure when I tell you to begin you're going to lift one foot off the ground whichever foot you want whichever leg you want to stand on you're going to lift that one foot off the ground about six inches off the ground you're going to look down at that foot and you're going to count out loud 1001 100002 1003 1004 and so on and so forth until I tell you to stop do you understand that if at any point you put your foot down I want you to pick your foot back up and continue counting right where you start or you stopped okay yes sir do you understand that yes sir okay so whenever you would like to go ahead and begin okay remember to count out loud and look down at your fo 5 6 7 8 9 10 11 12 13 go ahead and pick and keep counting when I tell you to stop one two three four five 6 seven eight okay we'll stop you there mark okay so I'm drunk I fail you're impaired by something under my belief what I'm going to do now is I'm going to go over my card and get a PSD to determine what level of alcohol you have in your system or if there's something else involved okay are you willing to submit to that tell I know you are can we do look the more Cooperative you are with us the easier it's going to be with everything else you got going on right now I'm going to go over to my car get my box just stand here with my officer okay man sucks it's hard to do off the cuff man I get it I get it it's about being under stress like oh can you do this I've been in a lot bro youing me both different kinds of stress though I understand I understand I'm not one of these guys I believe in they should do their job I I appreciate you being respectful and every I'm not that guy I'm never going to be that guy I'm not against cops I don't throw tags at them I think they should have the right to shoot time man that's who I am if I was a cop I'd take no other way I'm just you know I'm wired I'm not a bad guy man been through a lot did have a couple drinks I'm not a drug addict it really sucks what it's always the worst what was your drug of choice did you ever use back in the day I used cocaine was it just Coke or did you use any one was the last time used that three three years ago I had two beers okay if you just had two beers an hour ago judging by the way that things would go in your system you'd probably be passing the limit okay so we probably be under the limit is what I'm saying all right what I'm going to ask you to do is submit to this at this point what this is is it doesn't give us an accurate reading that he use in court against you all it does is test whether there's a presence of alcohol in your blood or in your breath okay you willing to submit to that what's better for my son man I can't give you legal advice I don't know it's about my kid and Ain about me are you willing to submit to this or not Mark I don't know I got to make a phone call man okay well that if that's going to be the case I'm going to place you in custody of your regard away are you willing to submit to this or not though I got to make a call you got to make a call I okay who you going to call I got to call my buddy I got to call is he a lawyer I don't know it sucks you don't understand man my kid took a in the morning he's like Mar I just took a d yeah if if your wife did this man I'd killed the guy for you I'm not a bad guy man no I you made a mistake obviously are you willing to submit to this or no it's a yes or no question mark like I said this isn't something I can use against you other than the fact it's just going to give me an idea whether or not you have alcohol in your system it's going to be used against me if I have I can't huh this isn't this isn't a scientifically proven device it can be used it's not a measurable device okay are you willing to submit to that sure what I want you to do then is I'm going to give you this take a deep breath in like you're going to blow bubbles through a straw okay okay in the milk take a deep breath in see your lips around this and blow out until you tell you stop blow yeah it's more than I said what do you mean it's more than you said I don't know I don't oh man I'm helping a crippled lady out man after having Corona I moved her after see you have no clue you could never do I like the suit I like the badge you could not keep up with me bro I've Been Around the Clock since I've been in a jail I did nothing wrong where were you locked up at waren County Warren County all right I'm serious man I'm not a bad guy know I don't doubt that you just made a mistake I I did okay Mark at this time I am going to place you under arrest we driving toxicate okay have you turn around put your hands behind your back for me okay sure wow manck it's horrible it's not the end of the world right now right oh my God my kids commun Sunday his mother's knocked going so is there anything else in the car we need to know about no we're not going to find anything else in the car man as long as I get permission to I'm going to leave your car here we're not going to tow her from this location so you have to deal with that part of things but we are going to check it just to make sure there's nothing in there okay check me man I'm not drug addi there's no needles or anything it's going to stick me for kill people you I that 1305 Central all right Mark we're going to come back this way okay yeah you go turn 5 you show one and Cy for 112 man no one said anything about prison right now we're just going to have a seat in my car Su man not the end of the world right now just have a seat in there all right sure following the arrest the suspect was taken to the skodak police department next door and read the New York state driving or operating wall intoxicated warning before refusing to submit to an evidentiary chemical test for alcohol will you submit to a chemical test to determine the alcohol or drug content of your blood I can't following the refusal in court the defendant Mark was charged with driving on roadways Lane for traffic use of portable electronic devices and driving wall ability impaired alcohol or DWI aai on August 3rd 2022 2 months and 22 days after the arrest the defendant pleaded guilty to DWI with the remaining charges dismissed He was ordered to pay $560 as of April 21st 2024 the entire balance is outstanding Mark was further sentenced to no time in jail not put on probation a licensed suspension of 90 days ordered to participate in a drinking driving program and attend a Victim Impact Panel