welcome back to the DUI Channel we are in delh high Township Ohio where on January 2nd 2020 at 123 a.m. an officer with the delh high Township Police Department observed a vehicle unable to maintain lanes and driving on the opposite side of the road upon turning Northbound on more View Drive the officer activated his emergency lights the officer then briefly activated his Sirens twice before the dark blue 2004 Chevrolet Impala finally pulled over the officer exited his Squad car and approached the vehicle on the driver's side as his investigation begins how we doing doing good all right why didn't you stop when I tried to stop you back there no I was just coming by the house so so you don't stop when there's blue lights behind you no l like it's like 5 Seconds wasn't it no I turned my siren on twice oh I'm sorry music I apologize my bad okay do you have your driver's license and insurance on you yes sir where are we coming from oh I'm just coming from the uh Waffle House I was just getting a waffle from my from my dad okay go my wallet yeah just your ID I don't want your wallet I want your driver's license and insurance I got you anything in the car that get you in trouble or anything no no okay not at all take it off if you want to you no no I couldn't cuz I couldn't get my wallet what did I do wrong with though well when you were coming on the when you were on Anderson Ferry right there you swerved halfway on the wrong side of the road before you this car is like and then you did it again back here yeah it's a loose wheel okay yeah it's a loose wheel I apologize my bad I really do like be Mark lanes and then when you came back up to the stop sign back there you stopped pretty well far behind the stop sign and it kind of crept up to it before you went you were stopped well behind it okay I it's it's the car it's literally the wheel like off offsets like on the left or the right of the side right of the wheel so like when you're like going straight it goes a little bit left or a little bit right right I'm trying to get it fixed right now okay yeah I apologize here you go and you have your insurance on you as well well the insurance I don't it's it's on my phone but it's dead okay who who's your insurance company uh uh Geico Geico okay okay sit tight for a second okay as the officer began verifying the suspect's identity a Corporal arrived on scene to assist him with the traffic stop what's up what up he made like an extreme Markland violation he turned right on off at Del high on Anderson fer almost immediately hit his turn signal as I was catching up to him and then like half his car was on the wrong side of the road I think he thought it was a turn to turn on Tois yeah then he corrected and when he turned on a canis he did it again like real real exaggerated to the left side of the road we go to the stop sign here at canis and more viiew he's probably I mean if the stop sign is like the front of his car he's just like back where I'm at and then creeps up to it and goes then he I lit him up right there yeah comes all the way up here I said why didn't you stop that was like 5 seconds ago a little more than 5 seconds I hit my siren twice so my nose is stuffy he not like slur or anything like that but his eyes are like really pimpled hey Philip can you hop out and talk to me a little bit back here okay well I just want to talk to you bit can you step over on a sidewalk there I don't want to get hit by a car if somebody come flying through here here have you had anything to drink or anything tonight nothing at all no nothing okay where are you coming from Waffle House I had to get had to get a waffle from my uh mom she had Tex me before I left so okay so you're getting a waffle for your mom where'd you go before that where you where were you at before you got the waffle play some pool playing some pool where you playing pool at uh man oh the main okay yeah all right okay well reason why I asked if you had anything to drink several Clues while you're driving okay no it's just because I was just in a hurry that's all okay and you appeared very confused when I started asking you for you're a license you looked up at me several times and said what I was looking at you cuz I was surprised okay all right what I going to do I want to put you through some tests okay you all right with that yeah that's cool that's fine okay all right we'll hop up here on the sidewalk all right you almost fell over there you okay I guess see all right can can you do me a favor keep your hands out of your pockets for me while we're doing this if you want to you can take your sandals off or you can leave them on that's completely up to you okay what's going on I understand like what I just I just explained it to you yeah I know I mean obviously you got to yeah I know right so if you would like to you can keep them on for now but then if you want to when we get to the next thing you take them off okay can you do me a favor and just take your hat off for me and just lay it down right there on the side scoot him up yeah step just take a couple steps back okay okay I don't want that light flashing at you so can you keep your hands out of your pockets for me yes sir couple questions real quick do you wear glasses or contacts or have any eye problems no sir none okay do you have any back or leg problems yes what do you have well I have uh what is it called it's not I mean it's not like actually problem but it's like I mean I do have a little like urgency in like in my legs and my uh top side I can't think of it oh scoliosis scoliosis yes sir okay but you haven't like been to a doctor or anything for it not the last six months now okay do you have any inner ear problems or have you had any recent head trauma yes sir no crashes nothing like that yes sir okay so what I'm going to do I'm going to check your eyes I need you to keep keep your head still and follow this stimulus with your eyes on the stimulus we're going to use is the tip of this pin okay so again can you just keep your hands down to your sides and your feet together just like this okay okay all right just stay in that position keep following this stus with your eyes until I tell you to stop do you understand any instructions yes okay back you following me here all right you sure when you're following it you're following it a little bit and you stop and he kind of look back at me follow just looking at you that's all mean all right just make sure we follow it don't move our head okay okay you following you're looking at me you mean I'm looking I'm looking at my left eye all right Phil do your eyes normally go out and then wander straight back to the middle I'm looking straight I'm looking left I'm looking right what you mean I'm follow but here's what I'm tell I'm trying to tell you I'm trying to explain it to you every time you start to follow for about a half a second and then you look straight back forward no I'm looking forward cuz I'm looking at you but I'm looking straight to my left I'm looking straight to my right okay do you have you said you don't have any eye problems or anything not that I know of okay well I think I mean how old are you I'm 27 I think if you had some ey problems you'd know about them right right I mean okay I a did anything wrong well you have what did I do wrong I explained it to you okay so we'll try it one more time with this part okay follow the tip of the stimulus all right don't look back forward just follow with your eyes okay your eyes only so I follow my eyes so I don't look at you don't look at me you're following the tip of this with your eyes and your eyes only okay when I go back and forth you're just going to continue to follow with your eyes when I go out here stay following it don't look straight back at me okay okay all right keep your hands down your sides for me okay so it look straight at you nope follow the tip of the stimulus you see that right so I follow like this no keep your head still follow with your eyes only okay okay so don't move your head at all with your eyes if I go out here you follow out there with your eyes the best of your ability okay okay you're not following Phil you're staring at me follow my eyes all right well I mean here's the problem I can't get this part done if you don't if you're not following instructions you're not you're not following with your eyes you start to for a second and then you stare at me it's because you got the light right well I got to be able to see your eyes right I'm not doing nothing what did I do okay what did I do I didn't do nothing wrong all I did was drive home I just got a waffle from my mom all you all you did was drive home but to me I believe that you're impaired I promise you I'm not impaired okay well if I believe everybody that said that to me I wouldn't be doing my job would I no you're right but I just I I just got pulled over the other night because of U-turn okay on God I promise I'm I'm not doing nothing wrong I'm just trying to go home because I gota be at work tomorrow and I gota work 16 hours shift tomorrow if we get through this and and I believe you're fine you're fine right I'm fine dude but in the process you got you got to work with me here if you think you're fine you're having a really hard time grasing the concept of the instructions and you're not following the instructions I'm following you try one more time okay keep your feet together your arms down at your sides follow the tip of this stimulus with your eyes only like I said when I go out don't turn and don't turn your eyes back towards me continue to try to follow this don't look at you at all try to follow the tip of the stimulus okay all right keep your hands out of your pockets down to your sides e we're right here philli following looking at me it's not even I'm trying to look at you I'm just looking at you cuz you're looking dead at me I'm sorry I'm just I'm looking dead at the at the fin though okay all right you pick your hat up if you want to thank you next thing we're do is called a walk and turn okay take a couple steps back for me okay I need to make sure you have plenty of room to walk all right you sure you're okay you're having a hard time staying you know still on your feet you're swaying it's not s okay well like I If you want to for this you can take your flip-flops off if that's going to help you okay all right so place your left foot on the line we're going to demonstrate that there's an imaginary line right down here okay right in front you can you keep your hands out of your pockets for me all right so go ahead and place your left foot on your imaginary line place your right foot on the line ahead of the left foot with the heel of the right foot against the toe of the left foot so now you're going to be in this position okay the heel of your right foot is going to be against the toe of your left foot can you can you do that for me can you put the heel of that right foot against the toe of the left foot what do you mean directly in front of the other you're off to the side heel of the right foot just like this maintain this position till I've completed the instructions do you understand the instructions so faren you understand any instructions so far okay just maintain maintain that position I tell you to start go it's cuz I smoked that joint I'm not drunk dude I I hit a joint before I got in the car that's all I did I I'm not [ __ ] drunk okay can you can you stay that starting position all right when I tell you to start take nine Heel To Toe steps turn and take nine Heel To Toe steps on the line on return okay You' got your imaginary line nine steps what's that nothing nobody's doing anything to you on purpose no I no I swear it's okay we're not doing it to you on purpose I swear to God when you turn keep the front foot on the line and turn by taking a serious of small steps with the other foot like this so now I'm going to demonstrate a few steps for you and then we'll demonstrate the turn Okay so if you're in that starting position like this you following me yeah I'll demonstrate when you're ready no I'm ready when you're whenever you're ready all right one two three and we keeping that front foot or that back foot planted okay you're going to take a Ser front foot now you got me all messed up out here right it's okay all right a series of small steps just like this okay are you following me though yeah I'll follow cuz you're not really paying attention you're just kind of pulling on your hoodie string and your hat and keeping your eyes closed and no I'm my eyes I SM The Joint I want to make sure you understand this cuz I want you to pass this I want you to perform this correctly okay okay all right don't go yet while you're walking keep your arms at your sides watch your feet at all times and count your steps out loud once you start walking don't stop until you've completed the test okay so how many what am I count now okay I'll explain it you one more time how many steps one nine Heel To Toe steps turn nine Heel To Toe steps on return make sure you stay on the line okay n n back got while you're walking keep your arms at your sides watch your feet at all times count your steps out loud once you start walking do not stop until you've completed the test do you understand the instructions yes okay whenever you're ready make sure you're Heel To Toe in that starting position and you can begin got start over just take the flip-flops off and start back where you where you began or where you were at one 2 three four five 6 7 8 5 1 make sure you keep your arms at your sides okay do over you want to put your Flo flops back on no they're they're so hard they're are cheap flipflops what it is wind let's we'll go on to the next thing okay all right this is the one let me go ahead do it again I got it we'll just go on to the next thing okay this the next it's the one leg stand okay please stand with your feet together and your hands down to your sides just like this same starting position as before minus the feet being in front of the other okay all right all right do not move from this position till I tell you to do so you understand so far yes okay when I tell you to start you're going to raise one leg either leg with the foot approximately six inches off the ground keeping your raised foot parallel to the ground so I'm going to demonstrate okay be a right leg give be your left leg approximately six inches off the ground okay your arms are going to stay down at your sides you must keep both legs straight arms at your sides while holding that position count out loud in the following manner 10 and one 1 and2 1 and3 until hold to stop okay so again if you have your right leg leg raised you're watching your foot 1 one 1 and2 10 and3 either leg okay okay keep your arms at your side keep watching the raised foot do you understand yeah all right whenever you're ready you can begin what you want to count down to you said count until told to stop okay one arms down at your sides one the r is so cold oh my face me Philip I was trying to face I'm trying to face opposite of the Wind so cold man well we're I'm cold too all right whenever you're ready one two three four okay all right you we'll stop there philli all right what do you mean stop it's cold okay you can slide your flip flops back on yeah the flip flop is like not the issue like they're hard cheap FP flops oh my God you can throw them back on though you can slide them on slide them on like put put the other one back on say slide on what though your shoes I know that but I'm saying like what's going on like okay all right pH here turn around for me put your palms together Palms together are you guys serious right now I'm very serious throw up your sleeves here put your palms together let go of your sleeves oh man it's cold going to do me like this for real come on man don't tell me I'm getting arrested do you want two pairs of cuffs are you guys really taking me down toown no I don't think so not if not if you're Coop plan come on man is there someone home up here man come on what did I do hey is there someone home up here are you guys really doing this so I can't make no money no more is what y'all doing this I really just pH is there someone home real are you gonna answer me yes or no if I could live somewhere else I would I didn't do nothing wrong man is there someone home up there oh my God this is some bullsh man come on you guys know I did man I don't think we're going to get an answer so now you're getting an answer the answer is I do wrong man cuz I'm right here have you have a seat where it's warm in the back of my car come on man for real you guys are going do me like I didn't like nothing Philip but you're not cooperating at this I am cooperating no you're not don't don't force toward I'm not I'm not dude you ain't got to do me like that no you're not you're not walking with me okay I am walking with you I am walking with you I swear to God I didn't do wrong why you guys going to do like this I knew you guys s do you have anything get you in trouble no no okay I'm patch you down real quick oh my God come on man you guys got you guys got to be serious like I really didn't do nothing that joint got you messed up I think that if that joint is I smoked a joint it's it's medicated it's right I got a card in my medic medical marijuana doesn't come in joints substance have a seat it does it no you roll seat roll it up have a seat have a seat have a seat phip come on man you guys are really going to do me like this have a seat because I cuz I Beau okay come on man watch watch your knee and your toe his T okay I got okay I want to crush your toes okay following the arrest the officer in Corporal conducted a search on the suspect's vehicle whereupon one jar of marijuana and three THC vape pens were discovered the suspect Philip was then transported to the delhigh Township Police Department substation for further processing once there he was read the Ohio Bureau of Motor Vehicles form 2255 and subsequently refused all evidentiary testing in court the defendant was charged with driving and marked Lanes possession of Controlled Substances refusal of chemical test and operating vehicle under the influence of alcohol or OVI third offense refusal with prior in 20 years on October 9th 20120 9 months and 7 days after the arrest Phil pled guilty to Ovi in exchange for the three former charges being disposed as dismissed He was ordered to pay a total of $985 as of January 7th 2024 the entire balance is outstanding Philip was sens to 365 days in jail and a 12-year license suspension with the condition of no driving at all