welcome back to the DUI Channel we're in the city of Sylvania Ohio where on May 31st 2023 at 1:26 a.m. a Sylvania Township police officer observed a red 2018 Jeep Compass traveling westbound on Monroe Street and going 65 mph in a posted 40 mph Zone the officer then activated his emergency lights after observing the vehicle running a red light the vehicle stopped on the Northbound Entrance Ramp of US Route 2 3 whereupon the officer exited his Patrol vehicle and made a passenger side approach as his investigation begins hello hello I'm offic Township the reason I'm stopping today is for your speed okay why are you driving so fast I wasn't trying to I'm just trying to get home okay where are you coming from I'm coming from okay can I see that thank you you know how fast you were going 58 65 is what you climbed up to yeah and you kind of went through the red light back there did you notice that no I didn't I was trying to like yeah I think you were going too fast I don't think you would have been able to stop anyways I want to stop okay do you have your um insurance card with you how much have we had to drink tonight I just you haven't had anything to drink tonight nothing okay what yes please listen I I need you to be honest with me how much be to drink tonight I'm not it's not zero what was it you had one drink B katonic what time 12:30 okay the reason I asked is like you were fumbling with the papers a little bit I'm just a little concerned about it so uh I'm going to go check on a couple things and I'll be back with you okay on a scale of 0 to 10 zero being you haven't had any alcohol in 24 hours 10 being you're like blacked out drunk where would you rate yourself a one okay after confirming the identity of the suspect the officer reapo the vehicle on the driver's side as his investigation proceeds here with me close your door I'm sorry been pulled over one time you've only been pulled over one time okay come over here I don't want to stand in the Road [Applause] okay where do you live at okay stand at the front of my car okay okay turn and face me okay so my name's what's your first name again Emily what Emily em okay Emily um I'm just going to be honest with you okay I think you've had more than one drink tonight that could that be true I've had one drink at VA and that was it what were you drinking before that I haven't Dr anything before I had one b ofic one b of tonic do you work at this place no you told me you worked there no I work at Sidelines in Sylvania you work at Sidelines in Sylvania okay um so you've had one drink today in the last 24 hours is one drink not in the last 24 hours what's in the last how many in the last 24 hours probably like two selers and the when was that when were the seltzers last night like a whole night ago okay um the reason I am asking these questions is you know the average person if they have one one drink right they're not fumbling papers they're not you know stuff like that I was just scared because I didn't know where my registration was I knew where my insurance was but I didn't know where my reg so tell me the route you took where is where's this can you were at I took Savania up until lasi and then I took lasi up to Alexa and then you took Alexis over or you took Whiteford over to Monroe Street I took Alexis over okay because what first grabed my attention was you made the right hand turn at Monroe and white bir and you you whipped it hard and you went way out wide and then zero to 65 pretty quick okay so the driving is not normal right would you agree with that okay so I'm going to run you through some field sobriety tests make sure you're okay to drive okay is that fair enough okay before I start any tests do you have any health issues that would prevent you from doing Simple tests like following my finger with your eyes walking a line standing on one leg you can do all those things okay do you have any head issues any eye issues I'm supposed to wear glasses you're supposed to wear glasses but you don't you don't wear contacts right no contact okay do you have any ear problems that would create a balance issue and you take any prescription medication do you use any illicit drugs like even including marijuana I use marijuana once again you do use marijuana every once in a while um how often do you use use marijuana I say every day but not like to the point where it would affect me when is the last time you used marijuana yesterday yesterday how do you consume marijuana do you vape it do you smoke it okay okay we're going to run through some tests take one step away from my car for me so this first test it involves you following my finger with your eyes Okay um I'm going to be moving it side to side you got to keep your head just like it is now straight at me but follow it track it okay um just move your hair up off your forehead for me so I can see your eyes the best I can perfect can you see my finger okay yes okay I'm going to move it side to side I want you to follow with your eyes only okay you ready yep okay just keep fing it like that careful for [Music] [Music] e [Music] we're going to go up this time it's going to feel a little bit uncomfortable okay okay before we do the next test I want you to be just honest with me okay if you haven't been thus far it's no hard feelings I get it has it been literally terrified never done okay based off that test it is making me believe you've had more than one drink you've had one drink okay we're going to we're going to do some other tests there's two more tests okay that involve a little bit of movement they're nothing too crazy though okay so uh we're going to use the road here um we can't use that white line there cuz it's on a curve so we're going to have to imagine that we have a line okay but I want you to imagine it between my car and your car so that we don't walk out into traffic does that make sense okay so on that imaginary line what I want you to do is put your left foot on that line your right foot in front of that Heel To Toe hands down at your side and stay like that till I tell you to start the test do you understand yeah okay I'm going to explain the test and demonstrate it okay so from that starting position you're going to take nine Heel To Toe steps down the line okay it's going to look like this one 2 3 I took three you'll take nine okay once you get to your ninth step leave your lead foot on the line take a series of small steps to turn yourself around and take nine back okay one two three I took three you'll take nine okay during this test I need you to look at your lead foot the one that's out in front make sure you count like I did hands stay down at your side touch Heel To Toe for me and then once you start the test don't stop until it's done do you understand before we begin are you okay doing it in those shoes or would you rather do it Barefoot you can do it Barefoot so left foot on the line right foot in front of that heel to toe and you may begin when you're [Applause] ready one 1 2 4 [Music] 5 okay um this is going to be the one leg stand is next you can once again leave your shoes off if you'd like okay so what you're going to do for this test is you're going to first watch me do it and then you're going to do it stand just like that hands down at your side until I tell you to start the test do you understand that okay what you're going to do pick a foot of your choice to be left or right it does not matter you're going to pick it up 6 in off the ground you're going to need to point your toe okay so that your foot's parallel with the ground okay I'm going to show you watch me Point your toe begin to count 1001 1,002 13 1,004 1005 1006 you you continue to count like that until we touch you to stop it is a time test but go until we tell you to stop okay so once again for this test I need you to keep your eyes on your foot that's raised off the ground count like I just showed you hands have to stay at your side do you have any questions no okay whenever you're ready you may begin 1001 1002 13 1004 1005 1 6 1007 1008 1009 100 1001 look at your toe 13456 201789 okay you can stop put your feet down you can put your shoes back on too okay the last test I have it's it's a aable breath test okay what this is going to do is give us an indicator of how much alcohol is in your system does that make sense have you blown up a balloon in your life before yeah okay what I want you to do is seal your lips around this straw give me a nice breath doesn't have to be too soft not too hard just a nice breath keep going until I tell you to stop does that make sense wait until I tell you to begin then I want you to seal your lips don't block it with your tongue okay keep going keep going going keep going keep going keep going keep going perfect okay so this is a 181 okay so based off the tests I've seen in that I think you've had too much to drink to be driving a car tonight okay so I'm going to have you put your hands behind your back oh I'm going to loosen this one just a little bit for you okay okay um officer to do a pat down of you do you have anything on you no Okay 4361 C anything in your pocket I don't think so we're going to take a seat back here while we get the rest of this figured out okay okay thank you take a seat for me okay following the arrest the suspect Emily was taken to the Sylvania Township Police Department and read the Ohio Bureau of Motor Vehicles form 2255 whereupon she consented to providing a breath alcohol sample two choices the first choice would be to submit to the breath test the second choice would be to refuse the breath test it is your choice okay down here this explains you have no priors that I could find so for a refusal your license is going to be suspended for one year hold on if you take the test and you blow over a 08 which is the legal limit in Ohio it's 90 days so one year versus 90 days okay hold on no this is not I I knew you were going to say that this is not jail time okay all this is is a license suspension it is not jail time it just means you can't drive yes it's not saying you're going to jail for a year or 90 days nope okay we don't get to pick jail anything like that this is all through the BMV of Ohio and it's out of our control so you have onee license suspension not one year in jail 90 days license suspension not 90 days in jail does that make sense now if I get 90 days refusal if I no you get one year if you refuse 90 days if you take the test and blow over a 8 and if you blow under a 8 you would receive no license suspension today does that make sense with that theme set are you willing to do the breath yeah you ready okay it's ready for you whenever you're ready big deep breath before you put your lips on it keep going keep going doing great you got to keep going though keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going perfect you can sit back down did I get it you got it the breath alcohol sample yielded a result of 181 G per 210 L this is nine times above the legal limit of2 G ethanol per 210 L of breath to drive in the state of Ohio if under 21 years of age in court the defendant was charged with rules for turns at intersections driving 25 miles per hour over speed limit and two counts of operating vehicle Under the Influence or OVI on September 21st 2023 3 months and 21 days after the arrest Emily pled no contest to one count of OVI in exchange for all the remaining charges to be dismissed in total she was ordered to pay $900 as of February 10th 2024 the defendant has an outstanding balance of $200 Emily was sentenced to 33 days of jail with 30 days suspended one year of inactive probation a license suspension of one year six points out of a maximum of 12 points on her license and ordered to participate in a driver Intervention Program for 3 Days jail credit what did she get pulled over uh she got pulled over for an proper turn speeding she might have went through the red light just a bunch of stuff okay I'm going to explain this paperwork quick and then you you're good to go okay um that's your ID and driver's license that okay the first sheet here this is a citation okay this is how we charge OVI in Ohio DUIs um it's just on a regular traffic ticket okay so there's actually four things on here the first one is a speed for the 65 and a 40 the second one and the third one are both OVI okay one is for what you arrested for on scene and the other was for the breath test and then the fourth one is the improper turn at that intersection where you swung it out wide okay my information's on the bottom most important parts up here at the top next Monday at 8:30 San Municipal Court 6700 Monro street is mandatory court appearance you have to be in court on that day at that time okay um there's some information on the back too that's first sheet second sheet this was your test results from inside of a 181 which a 08 Ohio so it's a little bit more than double okay there's that and then this is that BMV 2255 form the one I read to you inside um completely filled out with all your information and that's your copy most important part for you probably is that's where your car is at okay okay you can't pick your car up so you would need somebody like boyfriend and Mom whatever combination of two people someone to get them both there and then get the car out of there okay but you have the keys they're in your purks okay do you have any questions for me I know it was a lot um do you have any questions for me I know she was explaining it to me well best of luck to you and thanks for picking up