welcome back folks to the DUI Channel we are in Fernandina Beach Florida where on January 14 2020 at 12 24 a.m a Fernandina Beach police officer observed a black truck traveling west on Sadler Road at 49 miles per hour in a 35 mile per hour Zone the officer caught up to the vehicle and pulled the driver over at Flash Foods on South 8th Street the officer approaches the truck as his investigation begins hey put this window down it's too dark can't see in it pretty sure your Tennessee legal right there but the reason I got you stopped the speed limit on Saddler here is 35 I had you on the stationary radar at 49 when you came by me on sitting on the side of the road is there any reason for your speed tonight I'm just trying to get to McDonald's and I'm gonna go home been drinking tonight had a beer when I got off work I work okay you smell pretty strong with alcohol that's why I'm asking you Just One Beer just one beer I work in bartender okay can you live on yeah right there okay we stay in the vehicle for me foreign do you have any weapons on you at all any knives or anything mind if I check for my safety yeah I can check it's okay all right thank you all right you can relax man I'm gonna turn these lights off so they're not flashing your eyes [Music] okay once again I'm officer Paige Fernie Beach Police Department this time I'm conducting a DUI investigation you're not under arrest at this time but I do have to advise you of your rights okay thank you okay do you have the right to remainsaw anything you say can be used against you in court you have the right to talk to a lawyer for advice before we ask you any questions to have him or her with you during any questioning you cannot afford a lawyer who won't be appointed for you for any questioning if you wish if you decide to answer questions without a lawyer president you will still have the right to stop answering anytime you also have the right to stop answering anytime until you talk to a lawyer do you understand you're right sir okay how much have you had to drink today throughout the day I got off work at seven or eight and had a beer at the turtle and then went home and got my dog from hot Paws dropped them off had another beer at a sandbar and then heading home now watch the first half of the game where were you coming from just now Sandbar The Sandbar yeah they're open this late they open a little bit later for just the game okay you said you you watched the first half of the game and then left well I was watching the first half of the game and then I stopped drinking since I knew I had driving okay so you've had with that being said you've had only two beers throughout the day today pretty much yeah what do you mean pretty much is either yes or no yeah yeah two beers what kind of beers were there but sorry to wear them or do you want me to wear them no I'm just are you required to wear them when you drive my right eye is pretty bad was like distance or up close or what close up close okay but no other issues with your eyes okay I just need to stand right here with your feet together side by side like this touch inside there you go hands down your sides just gonna check your eyes real quick okay see right here where this is lit like an orange color yeah I want you to fall out with your eyes and your eyes only do not move your head you understand okay you still see it okay yeah okay foreign I'm gonna go up and down now okay just follow that light foreign keep following the light I'm gonna go around circles like around your face I'm going to bring in towards the bridge of your nose I'm not going to touch your nose with it but just follow the light all the way in okay yes sir okay all right one more time okay were you able to cross your eyes growing up as a kid some people can't some people can't see if you can look at your nose with both your eyes right now all right the next exercise we're gonna do is the walk and turn um for that we need a lime I got some tape in my truck I'm gonna get out for a line let's do about right over there where it's level at I'll just stand right there for me nice and time we'll roll it out this is the line we're going to use to do some turn exercise I'm going straight this way yeah foreign Ty bend over however you want to do it just put that tape straight down the ground for me yep that'll work until just a little you have a broken toe when did that happen uh last Friday okay okay if you think it's going to hinder you in this I mean have you seen a doctor for it I haven't just because everybody has told me so you don't know if it's broken for a fact or not I mean it looks bad I don't know if yeah that's the last Last Friday last Friday and you're a bartender and you're on your feet a lot everybody's told me don't go see a doctor I mean you're able to work okay on your feet right okay all right just making sure okay so the flip-flops though if you want to take those off again also do you want your glasses for this no I'm good you sure okay all right just listen to my instructions if you have any questions ask me okay yes sir all right put your left foot on the line put your right foot ahead of your left foot with the heel of your right foot touching the toes of your left I need your hands down your sides just like this try to stay in that position if you get out of it just get right back into it do you understand not now but when I tell you to begin you're going to take nine Heel To Toe steps down the line looking down at your feet and Counting each step out loud then you're going to turn around the way I'll show you how to in just a moment and return back down the line nine Heel To Toe steps okay you understand so far yes sir Heel To Toe that means your heel should be touching your toe on each step right you understand okay so here's how it's going to go your left foot is on the line your right foot is ahead of your left your first step will be your left foot coming forward one two three and all the way to number nine okay if if you count correctly well and you end up on your nice step that should be your front foot okay leave your front foot on the line take your back foot off the line make a series of small little steps with your back foot to turn yourself around and then go nine Heel To Toe steps back down the line you understand the instructions okay you'll put your foot back in front of the other one once you start walking do not stop until you clear the exercise any questions no all right you may begin whenever you're ready sir Minnesota too [Music] that wasn't if that was not turn around yes sir yeah proper turn spun around this hotel let's hope so to myself okay all right after you would come stand about right there for me the next one we're gonna do is called the one leg stand because of your toe I mean whatever foot you decide to do this on um right now don't do anything when I tell you to begin you're going to raise one foot up keeping both your legs straight that elevated foot parallel the ground not pointed up or down but foot elevated the ground about six inches off the ground which is about the height of a Coke can hands down your sides look down at your elevated foot and count live like this one thousand one one thousand two one thousand three one thousand four one thousand five and so on until you're told to stop okay trying to hop or sway if any point during this your foot comes down lift it back up and continue your count don't start over right or left foot whichever one you want to do with your toe that's that's up to you okay which which foot are you going to raise bud I'm already my right one you're gonna raise the right so let's go stay on the ground there right all right give me just one second here what do I counted just count until you're told to stop it's a 30 second time to exercise okay all right whenever you're ready you may begin sir 2001 [Music] I swear [Music] oh you can stop that's 30 seconds okay um what's your highest level of Education uh High School you graduate high school yeah okay so you know your alphabet A through Z you can count to 30 obviously all right here's what I want you to do this simple it doesn't require any movement all feet together hands down your sides not now but when I tell you too I want you to tilt your head back close your eyes I want you to estimate the passage of 30 seconds when you think it's been 30 seconds bring your head forward open your eyes and tell me to stop like simple enough just count 30 in my head you estimate 30 seconds in your head however if you want to count your head or whatever okay all right hang on one second we're going tilt for a bit head back I need your feet together bro feet together just right back close your eyes feet together bud and you may begin stop okay 26 seconds all right let's try the uh you know the alphabet A through Z right so same thing does that make sense all right good feet together touching like this all right until straight back close your eyes recite the alphabet A through Z for me is it hang on one second is that is as far back as your head can go there you go that's better a b c d e f g h i j k l m n o p q r s t u v w x y and z okay you just rhymed that whole thing like the song that's the only way anybody knows how to do it all right fair enough it but you rhymed it okay all right okay finger in the nose okay for this and use your hands down like this with your index fingers pointed down feet together not now I want to do so tilt your out and close your eyes I mean you're gonna say right or left if I say right bring your tip of your index finger up touch the tip of your nose and bring your hand back down so you touch your nose same with the left tip of the index finger tip of the nose bring your hand back down that's the tip of your finger not there that's the pad not there that's the side and that is the tip of your nose correct okay so as you go back close your eyes ready lift all right bring your hand down as soon as you touch your nose okay right first whatever it is left right right left okay all right put your flip-flops back on so how much have you really had to drink today it's only like four beers that's now it's four like because originally it was two coming off into it so now it's four what is it really because we've changed numbers already and your eyes are telling me you've had a lot more than that so you're going to be honest with me I have two beers four beers in one shot how long did you have your last drink uh probably an hour an hour what was that third quarter of the game what was it a Bud Light how long ago did you have the shot any food uh I got off work at six o'clock and had a Cuban sandwich what time do you think it is right now midnight ish it's quarter till one yeah okay you've had too much to drink to be driving you're impaired can't be driving okay so you got to come with me you're under arrest for DUI I'll tell you what you're not going to try to hurt me or anything like that right here come have a seat in my truck I'll put them I'll put the Cuffs up front I know I know have you had one of these before you have how long ago was it eight years eight okay you know the process then right I know okay all right I gotta put you in cups but you're being cool yeah let's put them put them up front okay the suspect was charged with DUI in Gainesville Florida on March 12 2012 but was not convicted you have anything in your mouth at all dude no your mouth is dry this is dry dry all right just hang out right there uh watch your foot I don't want to get it with this door very good okay following the arrests the suspect nickel house was arrested for driving Under the Influence or DUI and transported to the Fernandina Beach Police Department headquarters for processing whereupon he refused to submit a breath alcohol sample in court the defendant pled noo contendary or no contest and was adjudicated guilty on March 30th 2021 He was ordered to pay a total assessment value of 1456 this amount has been paid in full he was sentenced to one day in jail which was credited time served probation for 12 months a six-month license suspension in 50 hours of community service he was further ordered to attend DUI school level to complete an alcohol evaluation referral treatment and attend a Victim Impact Panel with all conditions satisfied on October 15 2021 Nicolaus was granted early termination on probation after six months and 15 days