welcome back to the DUI Channel we are in Eustis Florida where on February 10 2020 at 9 32 PM Eustis police responded to Dollar General in reference to a vehicle going over a curb and getting stuck while attempting to back out and continue driving the caller was an employee of the store and advised dispatch that the suspect was making a phone call with a business phone inside the establishment the officer approached the suspect inside the store as his investigation begins volume Five yes you're on the phone with your mom yeah all right can you put the phone down you gave your license running by chance all right can we go outside for a minute Florida deal so what's going on man huh I know yeah what uh did you drive here huh where's your car right there okay did you notice you had a flat tire oh yeah all right and you drove it off the curb yeah it's it's off the curve right now where are you coming from well where are you coming from huh [Applause] and that's where you're coming from home okay do you know what you hit before Tire pop you don't know what you hit and you didn't hit anything start driving all funny [Applause] [Music] all right a drink tonight a little bit [Applause] when when did that happen when did you have those a couple hours ago before school or after it was a little bit [Applause] um so it was in there when I got here and stopped on the phone who are you on the phone I'm not sure [Applause] two uh Twisted tees around 4 30. so what's that okay I don't have any team you want me to come with you so he said you had two Twisted tees around 4 30. okay and nothing else okay all right and that was at 4 30. so you have these drinks while you're at school [Applause] all right I'm not going anywhere not right now no no I'm not gonna be able to pause all right yeah yeah it's just a funny spot um you weren't thinking about parking right there um oh yeah he is why you want to make call um that's a car accident your car's sitting off the curb like that it's a car accident God I got we got a guy that devotes his time to just traffic accidents I know I know all right man you did say that you had a couple drinks uh would you want to do some uh Bill's Friday exercises to ensure that you're good to drive okay hey um I'm not not too good with this huh I didn't hear you man huh okay all right huh you've never done it oh I can put a little late guys real quick brief statement do you need me uh what did you see well I just heard it loud him jumping the curb yeah and then then I went out here to check then I asked when he's done revving it up smoke flying lost his tires his tire popped his front tire it up all right you ever got anybody again sir oh I got all my IDs in the vehicle they're not coming over here inside when I got her he had his license on him the car registered for you that's it huh where are you coming from I was following somebody honestly they've been turned off apartment do you mind if I give you a pat down real quick the suspect claiming to be a felon was in fact charged with possession of methamphetamine a third degree felony as an 18 year old on June 8 2016. on January 30th 2017 judgment was withheld following two years of probation on October 5th 2017 the defendant tested positive for marijuana on a drug test which directly violated his probation on December 4th 2017 he was then formally adjudicated as guilty after withhold less than 11 months after starting probation with his probation revoked he was sentenced to 120 days in jail for each charge to be served concurrently with 39 days credit time served and in the process became a convicted felon no one with senior they called because your car was hanging off the side oh sorry video oh yeah I mean and then you got a flat tires so I'm kind of thankful you didn't get it off and kept driving like on the rim like that huh start over here thank you all right um do you have any medical conditions or anything Outlet all right and you did agree to do the the exercises okay all right so place your feet together stop place your feet together touching and your arms down by your side keep your head straight follow the stimulus which is going to be that blue light um with your eyes and your eyes only do not move your head do you understand okay does this stay on or no all right all right just on the stimulus nope all in your eyes power stimulus Your Arms by your side huh lactose smooth Pursuit I seen it jumping a lot um foreign [Music] turn and what you do is put your left foot on that line and so just like this let's put it online all the way put it on all right left foot on the line all right and then put your replace your right foot directly in front of your left foot all right now all right a little bit more come on kill the toe you cheating for me man come on there you go right that's how I want you to have arm down to each side now while I explain this exercise I want you to stay just like that do not move all right okay from this position all I want you to do is I'm a little too close to you so I need to all right man get back in that position and I move all right like I said left foot in the line right foot directly in front of arm down to each side hold that position he happened to come out of the position and get right back into it again all right all right so what we're gonna do is we're gonna take nine Heel To Toe steps down the line okay when I tell you to do so you're not starting until I tell you to begin all right go ahead get back on the line all right this exercise is gonna look something like this all right watch me do not begin until I tell you to do so all right one two three but you're gonna be looking down at your feet counting loud and get down when you get to nine we can get down when you get to we can get the nine you're gonna we get to nine you're gonna take a series of small steps turn around all right and you take a serious small step back back down the line one two three so and so 14 get the nine all right are you doing the exercise I want you to kind of loud look down at your toes look down at your feet all right be honestly hey man you're not even starting position all right left foot online right foot in front of did you understand exercise I didn't tell you to start you remember the starting position right that's that left foot left foot online right foot directly in front of it I didn't tell you to start man all right I need you to do what I told before before we can get to the start you gotta get in position to go like I told you so all right so all right go ahead and put your left foot on one back up for me though too far down the line back up that comes up back all right left foot online all right right foot directly in front of arms down his side all right now you can make you may begin remember kind of loud look down your feet [Music] Back Down the Line huh yep [Applause] all right you can't mess up I have 14 and then 13 on the way back all right the next exercise called the one leg stand all right I want you to do it feels on this tape for me because I'm gonna take face me all right arm together feet together all right heels together toes together all right all right I want to hold a position sauteed until I tell you otherwise all right who's exercise called for this exercise it's called it's called the one leg stand all right we're gonna do on this exercise you're gonna raise one leg up the devil whichever leg you want right and left whatever you're more comfortable with proxy sickness off the ground about the height of the soda can you're gonna count you're gonna count allow one thousand one one thousand two one thousand three one thousand four one thousand five and so on so forth until I tell you to stop all right while you're doing so you're gonna look down at you you're gonna down at your toe you look down at your feet and you're gonna cut them out all right let me tell you [Music] six inches [Music] all right all right you ready he may begin leg straight do not bend it leg straight six inches Up Lift It Up all right man let's start this again all right stop all right maybe I didn't explain it but good enough for you all right we're gonna do it okay six seconds six inches okay it won't make the same which why don't you do get into you starting position feet together arm down to each side okay now whatever can I tell you to do so you're gonna lift one leg up probably six inch off the ground all right and you're gonna count all out and count out while looking down at that foot all right You're Gonna Keep that footing You're Gonna Keep that leg extended out you know bending your knee You're Gonna Keep Your look down and count one thousand one one thousand two one thousand three one thousand four a thousand five and so on so forth I tell you to stop all right you're not being your leg at all all right okay get the candle out as well you may begin well let's keep going okay all right all right as last exercise called the finger to nose all I want you to do is arm down to each side feet together all right when I tell you this so when you tip your head back I'm not gonna do it but you're gonna actually go ahead and do it tilt your hair back close your eyes all right actually you can open your eyes for now I'm sorry I'm open your eyes or not you ain't listening to me all right I'll tell you when I tell you to do so I'm gonna say what I'm gonna do is I'm gonna tell you to point to your um the tip of your finger you're going to touch your nose all right I'm gonna say left you take your left hand left finger left one finger tip tip of your nose and I'm not going to tell you to bring it down he's gonna bring it on your own all right yeah I'm gonna tell you another finger it's not gonna be in any particular order you're gonna break I don't say left tip of your finger bring it down and then and so on and so forth fit together I'm done take that I want to say that all right do you understand the instructions I gave you all right so head back eyes closed further back all right okay left we starting excess so left use your left left point of finger touch your nose okay so you touch your lips I'm not gonna tell you to return it so that's what you want in life from corner right okay you touch the bottom of your nose I guess you look closer left I don't know what that was and right and left okay you almost put that finger in you know all right so you ready you ready huh you ready for what oh yeah all right this last exercise what I want you to do is like you're like Superman and you turn around turn around for me like Superman I want you to go hands behind your back like Superman go ahead and turn around for me this exercise man good sorry sorry what did you put air is in my pocket it won't stay in there I got one it'll stay in and one well I know you ain't running no one you can't make it real quick is she here yeah unfortunately we got to go I'll give you a call to jail he'll give you all the information you needed no don't get back to him all right that's fine hold on I'll make sure there's nothing in there um actually here hold on actually right here okay let's go to the back of my car real quick foreign just a wallet and stuff in there it has a big bag sit down Tech we the heroin yeah you stop moving man just hang out for a minute don't move I can find a computer car is not drivable man you gotta be told somewhere ah we're just gonna talk about the family we get it out I don't know so what are y'all arresting me for especially our DUI yeah at least eight hours from now well you can bond out and you'd be out there by the morning it's 10 31 so eight hours from now and you're allowed to leave leave to jail all right come on everybody you will be able to foreign [Music] once you get there you just put feet in for me okay following the arrest the suspect chance was transported to the Eustis Police Department for breath testing deep breath yeah hold it ten nine eight seven six five four three two one the breath sample yielded a result of point zero one zero percent breath alcohol content this is below the legal limit of point zero eight percent breath alcohol content to drive in the state of Florida upon completion of the breath testing the suspect was asked to provide a chemical urine sample I am not requesting a year of your urine for purpose determining the presence of any chemical or controlled substance you will announce submit your uh give your yard said yes I just had eggs so now you have to spend your license if you don't get here you're going to jail no matter what but I'm actually urine so that we can know what exactly what substance you're on at this moment it's clear that you had taken alcohol but it's not not enough at this point to not not enough at the point of your crash to let's say affect you oh yeah I've been working since seven days in the morning and I've been out since then all right all right so we will well I would say not enough to affect you but I'll take that what I said but uh alcohol pretty eat it but anyway um so we're I'm requesting your you you say yes about a year so yes okay I'm gonna go get the the whole way to talk man you can't take different things in jail now the drug test yielded a positive result for Tetra hydrocannabinol or THC in Florida statute chapter 316.193 subsection 1A a person is guilty of driving Under the Influence or DUI of any chemical substance controlled under chapter 893 when affected to the extent that the person's normal faculties are impaired in other words any detectable amount while driving is illegal in the state of Florida if a suspect's driving ability is proven to be adversely affected by the prohibited chemical substance THC is listed as a prohibited substance in Florida statute chapter 893.3 subsection 1C item number 190 dot a DOT I this was the only chemical substance listed in the statute discovered in the specimen tested in court the suspect was charged with improper stopping standing or parking and DUI alcohol or drugs the DUI charge was dismissed 37 days after the arrest while the traffic infraction was dismissed another 91 days later the defendant was not sentenced nor ordered to pay any cost whatsoever