this is when we had her all locked in after she had hit us a couple times OK dope it's crazy how she took off like and then she hit a guardrail and just before going into work you had a double shot of vodka which is probably why you got sent home when does a civil crash investigation legally become a criminal one and if an officer draws that line himself does Ohio law actually support it this case raises a question courts have not fully settled hey how's it going like can I see that this is when we had her all blocked in after she had hit us a couple times get out of here okay dope yeah and this is about 5 minutes long but this was when I had her the cars had her all blocked in when he was on the phone no um yeah there you go where where did this all happen on the road that was at 27th he was on the phone with the department at the time and we all had her blocked in I started videoing her pretty much when she went halfway across so she backed up into you no she was behind us and she kept bumping I mean I'm just gonna stop which is why I'm like why did she leave there was nothing there there's no damage but it was just a bump 14 copy 4:28 who can I send this to what's your number I'll give you my email OK Juliet uniform 2 8 4 tango J U 2 8 4 t and she hit anybody else she hit the guardrail but not not another person OK OK the cars all had her blocked into and she pulled out it's crazy how she took off like and then she hit a guardrail she jerked the car out from underneath the guardrail like where where's the guardrail it's right there at the end of the street is it is it damaged yeah yeah it's torn Campbell I heard it in my house that I was two blocks away I'll grab it in a minute um I'm gonna have somebody else come out get you guys information I just gotta do this investigation OK OK and the two witnesses were both in this car uh hey was he with you sir I guess I do got a little damage no no no no no no where you I was I was I was on 35th and 16th I was in my house and got to be on my my doorbell camera but I mean I heard the bang it was like such a hard hit she hit the guardrail I like ran out of my house ah she hit the guardrail too yeah oh yeah she smashed the guardrail yeah that's how the fun is when that happens we were down at the other light and that's when he was saying to the your um communications dispatch we think cops have her cause we saw the white car this way across that road yeah you know she's leaking fluid perpendicular yeah she's gotta be leaking fluid no yeah she definitely is that's not good so she put it off she couldn't even back in her driveway I got video of that to her trying to turn into a driveway seventy zero and then you saw her hit the guardrail I didn't see her hit the guardrail I came out after she hit the guardrail but I seen her jerk the car out and so you saw her pulling the car off the guardrail angled like this in the in the underneath the guardrail so after she hit it you came out you saw her in her car yes and underneath the guardrail yeah guardrail and then you saw her I originally seen him on the phone I thought they might have gotten to an accident but and then you saw her back out and come down here yeah and then pull into that address she was struggling coming down the road too OK cause the car wasn't running right you did about I was surprised it crunk like yeah it was crunk I was trying to turn in the driveway on video also no I didn't send it yet I can't almost makes you feel like she has no insurance or doesn't have a valid driver's license no I think she's drunk just by my two seconds of interacting with her well she's over there going like this while she's talking to her partner so what did you observe happen uh everything from her pulling off after hitting them so at she pulled off after hitting them you saw yes okay cause they had they had her blocked in and then the first car left and she was able to squeeze by and then she came down she made a hard left turn that's how she ran into that and then I saw her get stuck cause I pulled over to the side Yep tried to help her but she wasn't trying to get help she came down the road back in her driveway so you actually you're the one you actually saw her hit the garden yeah I got it all on dash cam too is there a way we can get a copy of that dash cam I can definitely and like we can give you an email or something like that would you be able to send it to us I'm pretty sure it's SD card in it okay perfect but yeah if you go over there you'll see her fluids and her under good bumper okay thank you I'll be back on one thank you is there anybody else in the house no it's my dog okay what are you telling me about what happened with the vehicle crash I guess I banged into her I didn't even realize it so then why didn't you stop I did stop in your driveway you stopped no I stopped prior to that and then what happened she told me not to stop and come back to my driveway so she's told you to come back to your driveway how would she know where your driveway is ma'am you're not making sense Diana no she told me see how unsteady she is on her feet okay I'm sorry why don't we step outside after you so where are you coming from work where where you work at Cleveland Clinic yeah okay I'm downstairs did you just get off yep did you work overnight yep day shift okay oh okay alright um you said day shift what time did you get off work I got off at 7 to 7 7:00am to seven PM okay what time do you think it is now it's not time to get off so if you just got off work and you work from 7:00am to seven PM how did you just get off work I just left work uh huh so you just left even though they knew I was leaving though why did you leave because I wasn't feeling good yeah I was vomiting uh huh I wasn't feeling good you seem a little intoxicated to me Diana I'm a little concerned about how much that you've had to drink what is it that you're under the influence of right now I maybe I had vodka tonight vodka yeah how much vodka did you have just one what time was that 10 10:00 while you were at work no OK so before work you had it at 10:00am before you went to work at 7:00am that doesn't make sense well it's 10 to ten okay you said 7 to 7 well it's 10 to 10 okay so your shift is from 10:00am to ten PM and just before going into work you had a double shot of vodka which is probably why you got sent home right well they didn't send me home I just left yeah because you shouldn't be drunk at work probably a really bad idea you shouldn't be drunk behind the wheel either you know your pants are on backwards okay so Diana question that I have for you I noticed there's a prescription bottle on the floorboard of your vehicle okay um you mentioned anxiety yes do you take any medication for that yes what is it that you take Adderall okay and Adderall for anxiety yep okay I guess I misunderstood I didn't realize Adderall was taken for anxiety well it's for ADHD so okay so and then the lorazepam is for anxiety yes okay so you what time did you take your lorazepam it was very early in the morning like 4:30 what were you doing at 4 third up at 4:30 in the morning I wake up that's what time I wake up you wake up at 4 so you can go to work at 10 yep OK and what about the Adderall what time did you take your adderall same at 4 o'clock in the morning same time yeah and then just before 10:00am did you show up to work on time today absolutely and who did you check in with when you went to work I just clock in you have like a time clock or something uh huh okay um and when you clocked in what time was it 10:00am 9:44 OK so sometime before 9:00 around 9:00 you had a double shot of vodka is that what you said that was way before OK well you said yeah you OK you're confusing me because you said it was at eleven but then I said well wait a minute you went before I clocked in though it was way before that okay so what like when you took your medication it's like 8 8:00 8 o'clock in the morning yeah when you took a double shot of vodka what's going on that you're um taking double shots of vodka at 8 o'clock in the morning I'm like I'm depressed okay I mean here's the thing um what's your last name Diana 15 Vero our registered owner Diana could you please add her to the call okay so Diana my question to you is can let's go ahead and step forward right there is fine I don't need you standing in this hot sun okay my question to you is um it seems to me like in order to be a nurse which you said that you're a nurse I am right in order to be a nurse thank you very much you must have somewhat of stability your life together yes right indeed but right now me looking at you you do not have it together right you're intoxicated you're under the influence of pills that you shouldn't combine with alcohol well you will you do pills you just prescribe them the raspberry right and Adderall right so lorazepam and Adderall which you took today and neither one of them are you supposed to mix with alcohol but you did before you got in your car to drive to work then you struck a vehicle right correct and you left the scene of that vehicle and then you struck several other things alongside of 16th Street just before 34th Avenue when you turned in here because we have a second person who saw you hitting the barriers wow it's oh sorry sorry it's okay that's I understand that wasn't intentional in like a couple of days so on top of the pills and the alcohol there's also a lack of sleep a very lack of sleep okay okay so real quick okay we have to do two different investigations here okay okay one is a crash investigation no criminal crash investigation okay okay this is not a criminal investigation this is a civil investigation because of the fact you were in an accident okay okay so that what you tell me this cannot be used in sense of a criminal investigation you understand that okay so what happened with that blue car obviously there's some damage to your car I don't know did you rear end that car I don't recall that you don't recall okay do you've never seen that car before no you don't know what happened off 16th and 37th when they were trying to talk to you no what about a guardrail did you touch a guardrail did you hit a guardrail no so you don't know so how did your car how did your car get like this just parking in front of people no how did it get all messed up like parking in front of people like maybe I banged into somebody but that's more than banged in that's like that's some damage you know what I mean so do you don't know how that happened maybe at the hospital at the hospital so you went to work you came back and you noticed that that was there no so definitely not what you think it was where did that happen I'm trying to figure out what that happened no if I could tell you honestly I would tell you okay no worries no worries whatsoever I just gotta figure out I don't wanna be like a liar no I get it I'm just trying to figure out what happened to your car alright that's all I just don't wanna go to fucking jail okay so now um crash investigation so okay you can't tell me much about the crash fine are you injured do you need medical attention I'm not injured okay so next changing hats OK I'm now doing a driving under the influence investigation OK do you understand what that means this is now a criminal investigation OK so I have to do my job as a law enforcement officer and do a criminal investigation for you driving under the influence OK so what that means is are you willing to do a standardized field sobriety exams so you're willing to submit some exams to see if I can if I feel comfortable with you behind the wheel OK um do you have any medical impairments whatsoever I have hypertension hypertension do you take medicine for hypertension hypertension do you take medicine for hypertension yes you do one 1 medicine you take one medicine are you on it right now well this morning okay but you know what's the last time you took it this morning this morning around what time 9:09 okay um besides those glasses do you wear any other sort of glasses what kind of glasses are these are these I know but are they like to see close or to see close and to see close and and far and far okay so just normal glasses yeah um what about your shoes you comfortable with your shoes yeah okay alright so what we're gonna do is my partner here is gonna angle her car and we're gonna go walk in front of it okay we're gonna do a series of standardized exercises okay to see if your facilities are impaired or not okay does that sound good to you so alright alright so like I explained to you before okay good now no hold on like I'm like I explained to you before okay that we are I am not changing the investigation from a crash investigation to a criminal investigation okay are you still willing to do those exercises for me that I asked you to do sure okay so thank you so are you wearing any glasses or contact besides the glasses that you have on right now no okay um first I'm gonna check your eyes okay so if you let's get down to here to the shade so you can see where do we stand why don't we stand right here and just face me you can leave them on you can leave them off for now just stand at the end of that crack there and just feet together feet together feet together hands at your sides cool alright Diana I noticed that your shoe is untied and I don't want that to be a problem let's go ahead and get your shoe tied oh oh sorry I got it I got it I'm just gonna check her eyes I got it I got it I'm gonna check her eyes and then we'll call it there OK got it alright Miss Diana so sorry can you look at the tip of this pen yes okay can you actually keep your eyes are your glasses are a little dirty do you mind if I take them off for you nope I don't mind all right okay so can you look at the tip of my pen with your eyes and your eyes only hey I need you like I asked you to do I need to keep your feet together and hands by your side okay I need to keep your feet together and hands by your side okay with your eyes and your eyes only follow the tip of the pen okay do you understand what tip of the pen is yes can you touch the tip of the pen with your finger okay follow the tip of the pen okay okay Diana I need you to follow it with your eyes and your eyes only okay tip of the pen with your eyes and your eyes only okay got it Diana I need you to follow with your eyes and your eyes open I'm trying just your eyes not your head okay feet together hands to your side feet together hands to your side can you stand feet together with your hands to your side yes thank you hands to your side wait wait wait sorry sorry sorry I don't even know how to do this I can do that I can do it no it's OK we can move on to the next one you're good OK if we're gonna try this one OK if we can't do this we should move on to the next one OK so we're gonna do the walking turn OK just gonna try it yep okay so place your left foot on the line so this is gonna be the line can you see this line do you see this line left line no no do you see this line first answer me this do you see this line yes you see it all the way back there and forward okay so you see the line with your foot place your left foot on the line okay so we're gonna be saying left foot on the line OK and then put your right heel against the toe of your left foot yeah and then put your right heel against put your right heel OK no that's fine I'll show you how about I show you how to watch her so this foot and then this foot directly in front just like this heel to toe OK OK can you do that and just one after the other no we're not gonna do that yet I just need you to do what I'm doing right now can you do this yep okay go ahead do it and just and you gotta stay like that don't try to walk just stay like that stand in that position okay no worries so I gotta read you something real quick okay so right now you have the right to remain silent anything you say can be used against you in a court of law you have the right to talk to a lawyer and have them present while you are being questioned if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish one OK do you understand these rights have I read to you you don't understand them do you want me to read them to you again no hold on I'm just I just gotta talk to you first OK you're being arrested well first I wanna talk to you okay before we go anywhere I wanna talk to you okay so I gotta but I gotta read you this please before yeah I mean there's nothing wrong with telling her OK she but you're gonna arrest her right now well I need to talk to you first OK OK so this is that's why I need you to listen to me OK OK you have the right to remain silent anything you say can it was against will be used against you in a court of law you have the right to talk to a lawyer and have them present while you're being questioned if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish one do you understand this okay so what did you have to drink today how much did you have to drink hey talk to me just two double shots two two double shots where did you get them from it's really not much where did you get them from Walgreens Walgreens is it on the way from work OK but you said you got off work at what time 12 okay so first you told me 7 then you told me 11 then you told me 12 it was it was 11 and then it was 12 okay so you work a little bit overtime and then you stopped at Walgreens you told me it was 10 and ten and she got there and she okay left because she didn't so did you take any other medication or no it's just the double shots she actually does take medication which we discussed earlier I don't want to take anymore she takes lorazepam okay an Adderall which she said she took around 4 o'clock in the morning all right all right so right now Diana and then she said she had you are getting arrested for driving under the influence OK around 8:00am yes you were we have witnesses to put you there OK right now you're getting arrested for driving under the influence you understand that no I don't 4:14 10:15 why am I getting arrested so we can not have to deal with this out at the gym 10:15 then but I'm not why am I getting arrested when I wasn't even driving you were driving where do you want your I wasn't even driving your ID I wasn't even driving that's what she's trying to do yeah um are you trying to drive are you are you OK I wasn't trying to drive we're gonna go that little car there Ohio Revised Code Section 4,511 dot 19 prohibits operating a vehicle while impaired by alcohol a drug of abuse or any combination thereof drug of abuse includes prescription medication when it impairs driving ability three substances were confirmed simultaneously alcohol lorazepam a benzodiazepine and Adderall an amphetamine each alone satisfies the Ovi statue combined the central nervous system effects are clinically compounded not simply additive Ohio Revised Code Section 4,549 2 requires an at fault driver in a property damage accident to stop immediately identify themselves and remain at the scene two independent witnesses and dash cam footage established the driver did not comply that is a completed hit skip offense independent of the Ovi charge the officer separated the encounter into two phases a civil crash investigation then a criminal DUI investigation he informed the suspect that crash statements could not be used criminally that framing draws on Ohio Revised Code Section 4,509 3 the Accident Report immunity statute the question is whether that immunity is as broad as he implied section 4,509 0 3 protects the formal accident report required by law not every voluntary statement made during a conversation about the crash Ohio courts have drawn that distinction consistently if the defense files a suppression motion on the pre Miranda crash statements the immunity argument will be narrower than the officer represented before Miranda was read the suspect voluntarily stated she had consumed vodka that morning under Burkimer v Mccardy 1000 984 roadside questioning before formal arrest is generally non custodial for Miranda purposes that admission carries full evidentiary weight regardless of what investigation label was applied Miranda v Arizona 1,966 requires rights advisement before custodial interrogation the officer administered Miranda twice to ensure documented comprehension on camera timing was procedurally sound rights were read before the criminal questioning phase began the remaining issue is whether custody attached earlier under the circumstances on field sobriety testing the officer followed NHS standardized protocol medical pre screening completed corrective lenses removed before the HGN test under state v Schmidt Ohio 2,004 HGN results are admissible when protocol is followed inability to maintain the walk and turn starting position is itself a scored clue three lessons from this case first voluntary pre Miranda admissions carry full evidentiary weight regardless of investigation framing second accident report immunity under section 4,509 3 is narrower in scope than it sounds at roadside third in poly pharmacy Ovi cases each substance must be documented and analyzed separately to establish independent grounds for the charge the officer built the evidentiary foundation before any contact with the suspect multiple witnesses dash cam footage a fluid trail and visible vehicle damage if a court suppresses the pre Miranda crash statements on section 4,509 3 grounds the post Miranda admissions and the physical evidence chain remain intact the question is whether that is sufficient for conviction the case outcome is is unknown no public records have been located but the central legal tension remains open did the civil criminal separation protect the suspect or simply delay the inevitable did the officer create a suppression issue the defense can exploit or does the independent evidence make it irrelevant the file is open the answer is in the court record