5:34 10-48-4 >> Um, how much alcohol have you had today? >> None. >> None at all? >> No. >> Okay, as I'm talking to you, I'm smelling something that's alcoholic. >> some last night. >> Okay, how much did you have last night? >> On November 1st, 2022, in Lodi, Wisconsin, police responded to a hit-and-run involving a bicyclist. Witness information and a side view mirror left at the scene led officers to 43-year-old Marie Pinkston. She claimed she thought she hit a sign, but the investigation escalated after officers detected signs of intoxication. >> Was she pulled over or driving? >> She was driving and I saw her. I was I checked the Allstate. I was going back. >> that's true. >> And I I saw she didn't have a passenger mirror on a Mercedes. I'm like, "Oh, that's weird." And she The first thing she said was, "I thought I hit a person." So. >> I'm being different with me. It's just something. >> That's the first red flag. Even if it's a sign, why wouldn't you stop? Because the law expect you to reasonably investigate what you struck when there's a crash risk. >> Hi, I'm Marie. >> Hi. >> Do you have your kids with you right now? Can I talk to you out here? >> Yes. >> Affirmative. Did you get a return on the plate? So, tell me what happened, please. >> So, I was leaving my house to pick my kids up from school. And I did hit something. I did, but I was going to be late to pick them up. I thought I hit a sign. I didn't know I hit a person. >> Where was this at? >> Right by my house. I thought I hit a sign and I'm like, "Well, I just my car up." >> Okay. Were you When this happened, were you on the road or >> I was on the road. >> Yes. >> I guess how how would you hit a sign if you were on the road? >> Well, you know, you veer off a little bit. So, I just came from Rockford, Illinois, cuz I picked my father-in-law last night, so they could see him get the treatment. >> Okay. >> And I dropped him off. I even got a speeding ticket cuz I was going fast. I was going fast cuz I didn't want to >> The internet is going to be brutal here. Being a good parent doesn't cancel out a crash. If anything, it adds pressure to make the safe choice. Stop first, call for help, then handle the pickup. >> to pick them up. Oh my god, is the person okay? >> Uh I I don't know that right now. Potentially not. So, okay. So, you left your house on J and you were going to the >> I stopped at home after Oh my god. This is a lot for me right now. I didn't mean to hurt anybody. So, I came from Rockford. I even got a speeding ticket cuz I didn't want to be late to pick them up. Yes, I got the ticket in my car. And so I stopped at home. And then got my car to pick them up. And I was driving down the road. I dropped my phone. I picked it up. I did hit something. I thought I hit a sign. Cuz I There was nobody. I didn't see nobody. I'm like, "Oh, I just hit something." I >> And then you went to the school and grabbed your kids? >> Yes. >> And then how'd you end up over here? >> So, we were going to stop at the gas station. I forgot they had all the candy from trick-or-treating. So, I'm like, "Well, let's go to the gas station." They're like, "Stop there." And then they said, "Oh, you know, we don't need candy. We have all I'm like, "Okay, fine. Let's go home then." >> Okay. So, So, you thought you hit a sign. But why didn't you stop the truck, though? >> Because I was going to be late to pick my kids up. I've never been late to pick my kids up. And that's what I told the officer that pulled me over. Hello. I just hit a person. I just want my kids to go somewhere if I'm going to jail. >> Yeah, we Yeah, if somebody can come get the kids, that would be good. >> Am I going to jail? >> We got to talk about a bunch of things and figure some things out. >> I just hit a person, Sam. >> Maria is your first name, correct? >> Yes. >> What is your >> please make sure the guy's okay or the person that I hit? >> What is your telephone number? The ambulance Did you see the ambulance go by? >> No. >> They're just a few minutes ago. They're taking him to the hospital. >> I didn't see nothing. >> Yeah, I don't I don't know right now. >> Oh my god. >> What's her phone number, Maria? >> Is there any way we can find out if the person's okay? >> Um so, I think they're doing okay. They were They were going to get in the ambulance, okay? Yeah. Go ahead. So, today you came back from Rockford with your >> Yes. >> Here's the thing. You can be not drinking today and still show impairment. Sleep deprivation, residual alcohol, stress, plus a crash. And when your timeline starts looping, officers hear inconsistency. >> I was running late. I got pulled over. I got a ticket. And so, I stopped at home, let my dog out, and then I was driving to go pick the kids up, and I hit something, and I thought it was a road sign. >> Um how much alcohol have you had today? >> None. >> None at all? >> No. >> Okay. As I'm talking to you, I'm smelling something that smells like >> some last night. >> Okay. How much did you have last night? >> Oh, I don't know. We were trick-or-treating. I was drinking. I got pretty drunk last night, but >> Rockford for that or up here? >> No, up here. And by the school. >> When is the last time you had a drink? >> 6:00 last night. >> At 6:00 p.m. And so, you got pretty drunk. How much do you think you had to drink? >> didn't get pretty drunk. >> That's what you just said. >> I got drunk. I didn't get pretty drunk. I mean >> And you've had no alcohol today? >> No. >> Do you do any recreational drugs, marijuana, or anything? >> No. I just drove 4 hours. >> Okay. The reason I ask is as I'm talking to you, I can smell something that smells >> I did. I had a meeting with my kids' school this morning at 8:15, and then I had to rush from there to pick my father-in-law in Waunakee. >> I thought you picked him up in Rockford. >> No, I picked him up last night in Rockford. >> Okay. >> And I brought him here for for trick-or-treating and he stayed the night. >> Okay. >> So then I got I had got up and he had a meeting with all his IEP teachers. And then I left there. I went to Waunakee to pick up my father-in-law. My husband took him to work with them. So I picked him up and we went to Rockford. >> Today? You went to Rockford also? So you went yesterday and today? >> Yes. >> So you dropped him off in Rockford or >> Yes. >> Okay. >> He lives in Rockford. >> Okay. So how much alcohol did you have today? >> None. >> Okay. Cuz you just you're kind of confusing me with your story cuz it's it's a >> I drank last night at trick-or-treating. So I went and picked my father-in-law up last night. I drove 4 hours to pick him up. I brought him here. He stayed the night. He lives 2 hours away. So it's a 4-hour trip. So I picked him up. I brought him here. He stayed the night. We went trick-or-treating. We had a couple drinks last night. A few drinks. >> Okay. >> Me more than them, but then I woke up. I had a meeting with his teachers, his IEP teachers at 8:15. So when I left there, it was like 10:00. Then I had to go to Waunakee cuz my husband took his father to work with them. He couldn't take him home, so I took him home. That was 4 hours. I got pulled over. I have the ticket [music] in my car. >> What time was it that you got pulled over and where about? >> Danny, I just want to be a human being. Okay. Okay, I'm going to let you go, okay? I'm probably going to jail. Is someone going to bail me out of jail? >> This is the psychological snap, denial, realization, panic. For viewers, that's where sympathy splits. Some feel bad, others say you still left. >> Okay. I just hit him. Okay. You know this is serious. I told you I hit a sign, but I hit a person. Serious. I hurt somebody. >> Okay. So, Maria, the first thing we need to do is we need to make sure that you're not impaired. Cuz I smell something coming from your breath, so I'm going to do a sobriety test. Okay. >> US viewers love this part because it's a classic. I want my phone versus we need a clean test environment. The officer isn't taking your phone to be mean. He's removing distractions and preventing calls that can derail the stop. >> ask you to do is just leave your phone in the car for now. We're going to walk back here and we're going to do some field sobriety tests and we'll go from there. Okay? Just Just leave your phone in the car so it's not continuously ringing and distracting. >> I'm not comfortable with that. I'm not leaving my kids. >> What do you mean? >> I got to be able to contact here. >> Yep, we're going to be We're just going to be right up here in front of this other car. We'll go up here in front of the >> All right, let me call my husband real quick. >> Okay, hang on a second. Maria. >> What? >> Why do you need to call your husband? >> Because he told me to no longer have contact. He said get a lawyer. >> Okay. You need to do field sobriety testing. That does not require a lawyer. Okay, I need you to perform those tests. That's It's to allow me to evaluate whether you're actually impaired or not or if it's just a stale odor from last night's drinking. Okay? >> Okay. >> All right. >> No, I don't know. If this is correct. >> Okay, well, you're you regardless, let's go to the front of that truck. Let's talk there. We already covered you drank last night. >> Mhm. >> You haven't had anything today. >> Mhm. >> Um you said you didn't take any illegal drugs. >> Mhm. >> Um do you have any medical or physical conditions that affect your walking, balance, coordination, or >> you can see me walking right now. >> Just questions I have to ask. >> Okay. >> Have you ever done field sobriety testing before? >> No. >> So, what we're going to do is there's a a few tests we're going to do that will allow me to evaluate your physical ability to operate a motor vehicle in a safe manner. So, because of the light, what I'm going to have you do is just stand right here where it's flat. Take one step over so we're on the Okay. What I'd like you to do, stand with your arms together. All right. Sorry, your feet together and your arms down by your sides. Do you see the tip of my finger? >> Yes. >> Okay. I'm going to move my finger back and forth. This is where comments go. Stop talking. Stop moving. Not because viewers hate her, because these tests are about following simple instructions under pressure. I want you to I want you to follow with your eyes only. Just keep your head still. Do you understand? >> Mhm. >> Okay, keep your head straight. Don't move your head. Keep your head still, please. Okay, keep your head straight, sorry. >> My contacts are >> Yeah, if you have if you have to blink, that's fine. I wear contacts, so I understand. >> It was easier when the truck's there. >> You turned your head on that one, so I'm going to do that one again. >> Got to keep your head real still as you're slowly moving head a little bit. >> We're in the middle of the road. >> They're behind us to make sure we don't get hit. So, in that same position what I'm going to have you do and don't do anything until I tell you to begin. I'm going to ask you to tip your head back and close your eyes. When you No, don't do Don't do that yet. When I say begin, in that same position with your arms at your sides, head tipped back, eyes closed, I want you to keep your eyes closed and your head tipped back after I say start for 30 seconds. >> Okay. >> When you think 30 seconds has passed, I want you to say stop. Understand? >> Mhm. >> Do you have any questions with that? >> No. Can I count to 30? >> Just don't count out loud. That's all I ask. >> Okay. >> All right, go ahead and tip your head back and close your eyes and start. >> Okay. >> Stop. Okay. And how long was that? >> 30 seconds. >> How did you get to that? >> 1 Mississippi, 2 Mississippi, 3 Mississippi, 4 >> Sorry, I've got it another way. >> No, that's just I just want to know how you did it. So, the same thing. Just put your feet together, keep your arms at your sides. I'm going to have you follow the tip of my finger again. So, what I'm going to do is I'm going to move my finger in two circles around your face and then I'm going to move my finger towards your nose. I'm not going to touch your nose though. >> Okay. >> Just follow my finger with your eyes as it moves closer to your face. Do you understand? >> Yep. Follow your finger. >> Yep, follow my finger and then I'm not going to touch your face, so don't worry about that. >> Okay. >> I'll try to keep Try to keep your eyes still. >> You didn't say that. >> So, from the position you're in No, just stay right where you're at, sorry. Take one more step to your left just so it's the flatter part of the road. They'll make sure nobody gets close to them. I'd like you to do is from where you're standing, straight down the roadway, imagine that there's a straight line. Can you do that? Nope. Just stay where you're at. >> Bare instructions can feel confusing when you're stressed, but the test is designed around exactly that: balance plus attention plus short-term memory. If you're sober and calm, it's annoying. If you're impaired, it's brutal. >> Take your left foot, place it on that line that you're imagining. Place your right foot directly in front of it, heel to toe. Keep your arms at your sides and stand in that position while I explain this test. Do not begin until I ask you to do to start, okay? Go ahead and put your feet in this position. Right in front of left. Right foot in front of left, please. >> You said left at first. >> So, stand in that position. Don't start until I ask you to begin. So, from this position, I'm going to ask you to take nine heel to toe steps forward on that imaginary straight line, turn around how I show you, take nine heel to toe steps back. So, I don't walk into traffic, I'm going to take three steps to demonstrate. So, from the starting position, your first step is one, two, three, and so on until you reach nine steps. When you reach that ninth step, leave your front front foot on the ground, take a series of small steps until you're facing the other way and continue one, two, three, walking heel to toe on that straight line. When you do this, you're going to look at your feet, count your steps out loud, keep your arms at your sides, do not stop walking until you completed the test. Take nine heel to toe steps forward, turn around how I showed you, and take nine heel to toe steps back. Do you understand the instructions? >> Uh I think so. >> Okay. Do you have any questions? Okay. Go ahead and begin. >> One. Two. This is like an incline. Can I go this way? >> Well, that's going to put us in the middle of the road. >> but it's like >> Okay. Let's Let's step Let's step right Step right here and start there. >> One. Two. Three. Four. Five. Six. Seven. Eight. Nine. And What? Is that what you said? >> Just turn around like I showed you. >> 1 2 3 4 5 6 7 8 9 >> Go and step back up here. They'll make They'll make sure we don't get hit. >> Why would you say that? >> They're watching. >> Say that. Well, why are we here? >> So, the next thing I'm going to have you do Do not start until I tell you to begin. Just stand with your feet together and your arms at your sides. When I tell you to begin, what I would like you to do is raise one foot, whichever one you're more comfortable with, about 6 in off the ground. >> Wait till you say it? >> Yep, wait till I say to begin. Raise your foot about 6 in off the ground, point your toe, keep your leg straight, keep your arms at your sides, and look at your foot, and count 1,001, 1,002, 1,003, and so on. >> Okay. >> Continue doing that until I tell you to stop. >> Okay. >> Okay. Yep, if you want to face that way, that's fine. >> All right. I don't want to go that way. I'm not comfortable with going downhill. I'm not comfortable with this. >> Go ahead and begin. Count out loud, please. Look at your foot. >> 1 2 3 4 5 6 7 8 9 10 >> Keep going. >> Keep going? >> Yep. 35, 36, >> Not easy. >> I don't think that's going to help. That's even more slanted. Come Come right back up here. >> 14, 15, 16, 17, >> Okay. >> I'm not doing that till I talk to my husband. >> Okay. Why Why do you want to talk to him? >> Well, he's like not so keen >> Calling your husband for permission is not a legal strategy. It's a vibe strategy. And the officer is basically saying, "Ma'am, this isn't a family group chat. This is a DUI investigation. >> Hang on, please. >> Okay, why is that? So, >> I've done everything you asked me to do. >> Are you Are you willing to take a PBT or not? >> Yes, if he tells me I can. >> Okay, well, you're an adult. You're your own person. >> Your decisions. >> Yep, you're right. >> So, I'd like you to just let me know yes or no now. >> If you let me talk to him, I'll let you know. >> Well, I'm not going to delay things. >> is why. Why can't you let me talk to him? >> It's because you're an adult. >> I am an adult. >> Okay, I'll take I'll take that as a >> All I'm asking is will you let me talk to my husband? >> I need you to face my truck, please. Place your hands behind your back. I do believe you are impaired right now. So, you're being placed under arrest. >> Viewers will argue about the test, but the hit-and-run piece hits harder. In Wisconsin, drivers have a duty to stop, provide info, and render aid when there's injury risk. >> For operating while intoxicated causing injury >> Okay. >> and operating while intoxicated with your children in the car. >> Right. I I passed all your tests. >> And and he hit me as well. >> This is why he don't like police. >> Cuz we're doing our job? >> No, you're not. You're not. >> You hit somebody, they're seriously injured, and you didn't stop. >> I didn't know I hit somebody. >> Well, it's a beautiful, clear day. Here's Step back from my truck, please. Okay, do you have anything on your person I need to be concerned with? >> No. >> I'm going to have you sit here in the back of my car. >> Can I talk to someone? Why are you like restricting me? >> Because you're under arrest right now. >> I'll have a seat in the truck now. >> We can pass along whatever you need to to him. Big step, so step on the >> Yeah, you're downhill. >> I know. Step on the Yep, the step there. I'll help you. Yep, turn so you're Or the other way. >> I can get in the car. >> Get in, please, then. Can I see about your insurance card for my reach for a second? In addition, your operating privileges will also be suspended if it is a detectable amount of restricted controlled substances in your blood. Will you submit to an evidentiary chemical test of your blood? >> No. >> Refusal isn't a magic escape. Implied consent laws mean driving comes with testing obligations after a lawful OWI arrest, and refusing can create additional consequences. >> All right, you're free. You can have a seat on the bench. They'll take the handcuffs off when you get out of here. Just because I haven't told you yet, um, charges you're going to be held on >> What are the charges? >> is hit and run involving physical bodily harm and intoxicated injury by intoxicated use of a vehicle. >> Will they tell me what my blood alcohol level is back there? >> No, that takes a couple of weeks. >> Well, how am I going to get charged with something if I >> Drop your take. Was this panic, impairment, distraction, or all three? And be real. If you hit something on the road, are you stopping, or are you rolling the dice?