Who was uh driving? >> I was driving and he was driving. >> Who's >> That's my Jeep. >> Okay. Who's this over here? >> That's my mom. >> Okay. She's with you. >> She's my passenger. >> Okay. >> I was coming from work. >> From work? Oh, where do you work at? >> I work at the news watch. >> Okay. >> I was on my way home from work. I was bringing my mom home with me and he literally turned right in front of me. I didn't even have time to stop. He literally turned right in front of me. I didn't even have time to stop. If I had time to stop, I would have. >> Hold on. Hold on. >> No. >> Who am I speaking to? I don't know. >> Pandora. >> Oh, Pandora. >> Yeah. Hold on. So, I don't know my alphabet backwards. >> I don't do the alphabet. I don't expect that. >> Okay. Okay. >> I've heard it before where they're like, "Do you know the alphabet?" I'm like, "Yeah, but not backwards." 5. >> Okay. Is it What property would you like to grab from this? >> I'm taking my [ __ ] purse. >> Okay. >> You know what? >> Would you like a ride home? >> No. >> Okay. How do you plan how do you plan to get home? >> I will walk. >> Okay. your [ __ ] ass. >> You know what? This is total [ __ ] He pulled right in [ __ ] in front of us. >> Total bull. >> You need You need to stop. Okay. >> Shut the [ __ ] up. >> You're [ __ ] going upset like this. Let me give you >> I've lived in this house for you years old and then my daughter's been [ __ ] treated like a [ __ ] criminal and all we did WAS [ __ ] DRIVE HOME. >> OKAY, MA'AM. On November 22nd, 2022, a two vehicle collision in New Jersey triggered a DWI investigation. This is a legal analysis of what followed. Under Terry versus Ohio, 1968, reasonable, articulable suspicion, is the legal threshold to initiate a DUI investigation lower than probable cause, but grounded in specific observable facts. Here, the officer detected alcohol odor on the driver's breath. She then voluntarily admitted consuming one beer approximately 90 minutes prior. That combination satisfies Terry. >> You just get a uh license registration insurance. What you looking for? >> Um I have my registration. My insurance is on my phone. I know, but Do you want to get this towed? >> Okay. >> Of course. >> Send a hook for two. got license. What? That's the insurance. >> Yeah. I'm just saying just here. Just uh turning right. He was turning left. >> We're going to ask questions on both sides. Just stay off out of the straight foot right now. >> Anybody hurt? >> Nobody's hurt. >> Okay. Who's uh driving? >> I was driving and he was driving. >> Who's this? >> That's my Jeep. >> Okay. Who's this over here? >> That's my mom. >> Okay. She's with you. >> She's my passenger. >> Okay. >> All right. You guys have your driver's license, registration insurance. >> I'll go get that. Just leaving word that Jim own first vehicle. Papa 57 whiskey duo. >> You want to just uh just pull it up a little bit? >> Yeah, just pull up into the grass. >> What's up? >> What's up, bro? for second vehicle. Tango 99 Bravo 26. probably for two. >> How bad is theirs? >> The the sway bar is completely removed. >> Like that's got to get to >> Okay. All right. Roger that. >> Do you have a AAA? >> I honestly couldn't tell you. I recently just got my whole family kicked off on insurance. Last thing in the [ __ ] Go back in. It's good address for you, sir. >> 10:08. >> Yep. Shiny Drive place. >> Yeah. It's good address for you. Yeah. All right. Do you want to get this toast? Yeah, I'm think >> send a hook for two. So 52 64 518 you are. Which way were you coming from? >> I was coming right here literally doing like 20 making the turn and she must have been right there. She must have been right there. I had perfectly amount of time to turn. sped up doing literally like 65 miles an hour. Smacked me. >> You're turning left on the Parker right here. >> I was turning right here coming out of the gym. I own the retro right here. Literally must have sped up. Must have went 50. >> So you're turning right at the stop sign. >> Yes. And I knew I had time to make it. Literally went flying into me. Had to be going at least 60. >> You're going to retro? >> No, I was leaving retro. I retro. >> Like I would have never turned if I knew she wasn't going to work. But she literally sped up. Like if I got hit side like on the side, I'll leave him dead. Just don't put the whole [ __ ] bag in. >> Yeah. So, you're leaving the retro and you're turning. Trying to go down this way. >> Yep. Right over here. >> Trying to go down. Park it right here. Right. >> Yep. >> Okay. >> I would have never turned if I knew she was me, but she had to speed up. Headquarters 12. >> She's approaching from this way west on Lakeside Drive. Uh, South >> Accurate. We'll be responding for both. There again about how far back was she when you start to turn? >> I got her right here. She was probably like right where really far actually right here. Probably right where that sign is right there. >> So she's about that sign when you turned. >> Yeah. And I turned it hard. flying my whole side of my car that way. >> Okay. All right. Be back in a second. Okay. Um, license insurance or did you give the other officer? >> I think I gave it I mean um my insurance is on my phone. >> Okay. >> But I gave him my license and registration. >> Okay. I mean, I was going straight and he turned right in front of me. So, >> where were you coming from? >> I was coming from work. >> From work? Oh, where do you work at? >> I work at the moose watch. >> Okay. >> I was on my way home from work. I was bringing my mom home with me and he literally turned right in front of me. I didn't even have time to stop. >> All right. You have your updated insurance on your phone? >> Oh, my insurance is updated. I was >> Yeah. >> Yeah. Yeah. I was looking for my um for them to tell me. I showed him that too. But he told me to wait on that. Yeah, I got it. I put it all. It's in the It's in the >> Okay. >> I just uh >> I was going to say I gave him all of that. >> Just need the phone number. >> Cool. It's good address for you, J. >> Yes. Yeah. >> And then my phone. Do I call my tow company or you guys? >> We got one coming. >> Okay. To where? >> Uh who's coming? Jersey Shore. >> Uh I don't know. >> Okay. >> Take it home, Brandon. >> Yeah. I'd rather put it in my house than at >> like we're two blocks from here. >> Yeah. >> Well, it's not even that. It's like I can have somebody >> talk to talk to the tow driver. Have it. >> Okay. >> Yeah. literally turned right in front of me. I didn't have time to stop. If I had time to stop, I would have you tried to beat me. I don't know. But um Yeah, my Jeep's gone. >> That thing's probably total. >> Uh, do you have uh your license on you, man? >> Yeah. [clears throat] Oh, no I don't. >> Okay, no worries. >> What's your first name? >> Laura. I'm her mom. >> Yeah. Laura >> Dun D. >> Birthday. >> 52566. >> 2566. >> 52566. Yeah. And your phone number? Yeah. All my um license. >> I'm sorry, Brandy. >> Yes. >> Okay. Walk over this way with me. So, you're coming from route nine. I turned right >> and I was just like I mean I was less than 10 miles hour when I turned >> I was less than 10 mph when I came around the bend maybe lead up to 20 >> and I could not have stopped when I hit him. There's no way. Like I tried to >> How far? >> He turned right as I was getting to him. >> Yeah. Like I literally was at the double lines when he tried to turn >> right at the edge right there. >> Right there. And I literally tried I tried to stop but I couldn't. And I was going to swerve and hit another car. God forbid there was a car. >> But I also wasn't I was going 25 miles per hour. Like I didn't even think there was somebody going to turn in front of me and he just like >> All right. and he got out and started screaming at me. >> You mind just waiting over by the Jeep so you're not in the road. >> All right. Yeah, I'll be back in a second. >> You want to go again? Do you want to go with one of them? >> Hold on. Hold on. >> No. Who Who am I speaking to? I don't know. >> Pandora. >> Oh, Pandora. >> Yeah. Hold on. >> What's up? Let's go, bro. Yeah. No injuries. [clears throat] All right. Um, yeah. Let me uh I got to give you a call back. All right. All right. So, there's uh something else. Yeah. Yeah. All right. All right. Later. All right. My Jeep will not move. >> Mhm. Yeah, we got a tow truck. >> Okay. All right. >> I was going to say like if you want me to pull off to the side, that's not going to happen. >> Not yet. That way. >> Okay. >> Okay. So, Mom, just hang by the Jeep. >> Do you want to have a seat in the car? >> You want to sit in >> You want to sit in my car? >> Yeah. >> You can sit in his car. Stay warm if you want. >> Yeah, I'm good. Okay. I'm good. >> I'm fine. All right. Okay. Uh, Granny, mind just following me over here real quick? >> Yeah. >> Can you just uh put your rears on? >> Under Burkimer versus McCarti, 1984 roadside questioning is non-custodial. Miranda did not apply. Her admission was spontaneous and is fully admissible as evidence. Critical point. Citizens have no legal obligation to answer questions about alcohol consumption before arrest. The fifth amendment right to silence cannot be used as evidence of guilt. Nitsa validates three standardized tests. Horizontal gaze, nestagmas, walk and turn, and one leg stand. All three were administered here. HGN detects involuntary eye movement caused by alcohol's effect on the central nervous system. Six clues total four or more indicates impairment at approximately 77% accuracy standalone. The subject's light sensitivity does not invalidate the test. Nstagmus is involuntary and cannot be suppressed by the subject. Walk and turn has eight clues. Two or more is a positive indicator. One leg stand has four clues. Combined all three tests exceed 90% accuracy per Nitsa validation studies. Suppression risk. Any deviation from Nitsa protocol. Wrong surface. Incorrect instruction sequence. Inadequate lighting becomes a defense argument at trial. The protocol in this footage appeared compliant. All right. So, I'm talking to you for a little bit right now. All right. I smell alcohol coming off your breath. Do you have anything to drink tonight while you're at the news? >> I had a beer when I got off work. >> A beer? >> And that's [ __ ] it. What time do you have that last? >> What time is it? 8 6:30. >> 6:30. >> Mhm. >> Anything else? Shots, anything like that? What kind of beer? >> Um, first lake track. >> First lake track. So, uh, what's going to happen? That's all right. >> That's fine. >> All right. You diabetic? >> No. Are you on any kind of medication? >> No. >> Any injuries? >> Not to this day. >> Okay. >> All right. So, what I'm going to do, uh, first test, I'm going to check your eyes. Okay. >> Okay. >> Just keep keep your feet together, hands at your side. All right. All you're going to do, you're going to follow the tip of my pen with your eyes and your eyes only. You're going to keep your head still. Do you understand? >> Mhm. >> Any questions? >> Nope. >> Okay. >> Keep keep >> Oh, my head. Okay. I realized my head. >> You're going to look like one of those cat clocks just right. Yeah. Sorry. I'm sorry. Your flashlight kind of [ __ ] up my eyes. I have really bad eyesight. >> Okay. What's wrong with your eyes? >> Um, I have bad eyesight. two lights, but I will follow. >> You wear glasses or contacts? >> No, I wear glasses when I need them, but I don't wear them if I don't have to. >> Okay. Try not to put the light directly in your eyes. >> I know. I know. I got >> I'm sorry. I'm sorry. I'm sorry. I know. I have really bad eyesight towards uh lights, not >> like in general. So, >> I'm sorry if I >> No, you're good. You're fine. >> That blinds me. space. >> You could turn down. >> Sorry, you went left and right, so I wasn't moving my head. Okay. 103 headquarters. Let's be advised. We're going to have one of the drivers out for FT FST. So, I don't know my alphabet backwards. >> I don't do the alphabet. >> I don't expect that. >> Okay. Okay. >> I've heard it before where they're like, "Do you know the alphabet?" I'm like, "Yeah, but not backwards. All right. Uh again, no injuries or disabilities that would affect your balance. >> No. >> Okay. So, this next I'm going to go through the instructions. I'm going to demonstrate, then I'll tell you when to begin. All right. Do you understand? >> Yeah. >> Okay. >> So, I'm >> That's fine. All right. It's gonna be the walk and turn test. What you're gonna do is you're gonna place your You can face me. >> Okay. Is this what I'm doing straight forward? >> Yeah. I'm going to have you walk right along this sidewalk here. Okay. >> I'm going to go to the top of it where it's straight and not the bottom. Okay. >> So, you're going to put your left foot on the line, imaginary straight line. Put your right foot in front of it with your uh right heel touching your left toe. Hands at your side. All right. So, we'll get in that position right now. and just stay like Yeah. Just stay in that position while I go through the instructions. I'll tell you when to start. Okay. >> Okay. >> All right. When I tell you to begin, you're going to take nine heel to toe steps on the line. Turn around by keeping one foot on the line and return nine heel to toe steps. On your ninth step, you're going to keep your front foot on the line and turn by taking several small steps with the other foot. While walking, watch your feet at all times. Keep your arms at your side. Count your steps out loud. Once you begin, do not stop until the test is completed. All right. So, it's going to look just like this. >> So, nine forward, nine back. >> Yep. Touching heel to toe. I'm going to demonstrate for you. All right. Right foot in front of the left, touching heel to toe. Look down at your feet. Hands at your side. And you're going to count out loud. One, two, three. Making heel to toe contact. You're going to take nine steps. On your ninth step, you're going to turn by taking several small steps the other foot and return. Nine heel to toe steps just like so. One, two, three. Again, all the way to nine. >> Do you have any questions? >> Nope. Ready? >> All right. >> One, two, three, five, six, seven, eight. turn again >> or no. >> Okay. Nope. That's it. Okay. All right. Next test is going to be the one leg stand. All right. Again, I'm going to go I'm going to go through >> one leg stand, you said? >> Yeah. >> I'm going to go through the instructions, then I'll demonstrate for you. Okay. >> Okay. >> Again, feet together, hands at your side, just like so. Uh, do not start until I tell you to. >> Uh, when I tell you to begin, I want you to raise one leg, either leg approximately 6 inches off the ground. Foot parallel parallel to the ground. Keep both legs straight. And you keep your eyes on your elevated foot. While holding that position, you're going to count it loud. 1 10 1 10002 1003 so on and so forth. They're going to keep keep counting. And I'll tell you when to stop. >> All right. Just like so. Feet together, hands at your side. Pick whatever leg you want. Keep both legs straight. >> Okay. >> 100,00 1,002 1003 1004 5 6 so on and so forth. Okay. >> Put your foot down. Pick back up. Continue where you left off. >> Opposite foot or same foot. >> You said put your foot up. >> Yeah. >> And then put your foot down. And then same foot or opposite foot? >> No. No. Just in case if you put your foot down, you lose balance for whatever reason, just put that foot, put that same foot back up and continue where you left off. All right. >> Okay. Okay. Okay. >> So, again, I'll just go through. >> Okay. Ready? >> Yep. I I'll tell you when to start. Hold on. >> Oh, okay. >> Yeah. So, >> again, both legs straight. Pick whatever foot you want. 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 102 3 4 5 >> You tell me not to. And then I put my foot down. I do it again. >> If you lose balance, just continue where you left off. Okay. >> Any questions? >> Nope. >> All right. >> Ready? One second. >> Okay. You may begin. >> 100,00 1,002. >> Sorry. >> You good? >> I feel like Can I stand this way? >> Sure. >> Okay. 1,00 1,002 1003 1004 105 1006 1007 1008 1009 1 2017 >> 1201223 124 1025 500. >> Sorry, I'm not a very balanced person. Hey. Shh. All right. We're going to take care of this. Uh, that's going to be John's law. >> Yeah. Okay. Under New Jersey statute 394-50, a DWI arrest does not require a breathalyzer result under Illinois versus Gates 1983 totality of circumstances controls. That totality here detected alcohol odor voluntary admission SFST performance and collision circumstances. The arrest decision is constitutionally sound. Chemical testing at the station determines back for prosecution. New Jersey statute 394-50.23 23 mandates vehicle empoundment for a minimum of 12 hours upon any DWI arrest. This is a statutory mandate, not officer discretion. John's law was enacted following the year 2000 death of John Elliot struck and killed by a DWI driver released without empoundment. The family's request to take the vehicle home had no legal basis. >> So based on what I saw, I want to place you rest for DWI. Okay. >> Put your hands behind your back. Yeah, I want to fly again. >> He's getting trouble pulling in front of me, right? W your hands. >> What are you sitting? >> Did he get his UI test or no? >> No, I didn't detect any signs of impairment from him. >> He pulled in front of me. >> Yeah, he could be a fault for the accident. >> I thought for the accidenting factor. >> Do you have anything on you? Uh my cell phone in my front pocket. >> Okay. >> One of three headquarters >> kind of a female 41. >> What's up? >> Yeah, I'm done. >> Hey, you shut up. Don't talk. >> Hey. >> All right. All right, >> listen. Don't talk, >> Laura. [clears throat] >> You shut up. Don't [ __ ] talk. Where's the [ __ ] Don't talk. >> No. Nothing. Oh, >> yeah. That's >> Put all bag so we don't lose it. Okay. for John's lawyards. >> Put it. No. My house. >> No. No. By law, we have to tow that. >> You got to be [ __ ] kidding me. Why can't you put it in my house? >> Yeah, we have to tow that as per uh John's law. I'm going to walk you over to my car. Okay. >> Are you kidding me right now? >> Vehicle gets held for at least 12 hours. >> What? >> Vehicle gets held for at least 12 hours. >> Oh, the vehicle me. No, no, not you. >> Hey, Laura, shut up. Just don't talk anymore. Just shut up. [ __ ] scumbag. [ __ ] >> Hey, >> enough. Enough. Come on. >> Well, I don't want her to get in trouble, too. >> [ __ ] douchebag. >> Don't say anything to him. >> [ __ ] I'm not. Trust me. Trust me. She [ __ ] pulled in front of me like a [ __ ] douchebag. She called Joe Pandora. >> Huh? I already talked to him. >> I know. Can you talk to him more? >> What do you want me to tell him? >> Um, just lean back and [ __ ] you up. All right. >> You guys need to grab anything else out of here? >> No, I think that's it. Yeah. >> Okay. So, um, she's under arrest here. >> All right. Um, accident report that would be right in about three to five days. >> All right. Um, I know you said she was speeding. Unfort skid marks and any way kind of measure it >> fast. She was going fast. >> So based on like what you told me where by that she probably went 10 faster, >> right? You got to look at that distance. That's still not enough time to be able to safely turn it. So they're both at fault. You know, obviously she's intoxicated. Okay. So that's on where to list it. Okay. So it's definitely contributing factor to to her manner driving, but you know, >> um based on what I'm seeing, you know, probably should just let her pass before you hit the turn. Okay. >> Fly. Yeah. And that's Yeah. Insurance will take care of that. you know, they'll ultimately determine who's at who's at fault. Insurance companies. >> I just put my findings in there and >> she's impaired. >> Yeah. >> Telling you right now, >> yeah, it doesn't look good. >> All right. Um, any questions? You got anything for me? >> No. Good. >> Report be ready, right? >> Uh, yeah. A couple days and then, um, yeah, you call your insurance company right away. They'll start the claim process and then, um, it'll get sent to them automatically. >> Okay. I just had that >> car had a break >> $7500 paint job. >> I a paint job. That's rapping. I just had the freaking rear brakes done today. >> Yeah. >> Yeah. >> Fell loves that car. Friend of mine front of mine. We own. >> Okay. Nice. >> Yeah. >> Yeah. Just retired. >> Retired. >> Yeah. Well, packed it in, got married, and uh >> Yep. >> And then he's going to head to Florida. >> Yeah. >> Yeah. Get out of this weather. >> Yeah. All right, I'm going to go take care of this. All right, take care. Good night. >> Are you guys in front of us? >> Ma'am, I'm not answering your questions. >> What's your name? >> My name is Officer Gant. >> Officer Gant? >> Yes, ma'am. >> Yeah, we're locals here. >> Understood. >> You live here and he pulled right in front of us and crashed in front of us. >> Okay. So like why are we being treated? >> Officer Watkins is he is handling the crash. >> I don't see them doing anything to him. >> Ma'am, Officer Watkins is handling the crash in this investigation. >> Okay. Okay. >> Yeah. So maybe he's relating to you guys. >> Okay. That's not what's going on here. >> No. Yeah. >> Okay. Right. >> Did you test him? >> Ma'am, if you want, Officer Watkins will explain why he's handling his investigation this way. I don't have those details. Okay. >> I want to know why he's not >> and I want you to stay on the side of the road. He's the one that holding us. That's John's law. All right. >> So that's another truck. >> This is going to be hooked for John's law. >> All right. >> Okay. >> Um that one there's there's nothing else involved in regard to that. Uh so that can go wherever they choose. >> No problem. Okay. >> Where is this one going to go? >> Uh I don't know. I don't um just stand by one second. No problem. All right, ma'am. So, I will explain. So, at this point, she she's being arrested for DWI. Okay. All right. >> Total [ __ ] >> Okay. All right. >> Um >> she's being arrested for DUI. >> The vehicle is going to be impounded for what's called John's law. Okay. Okay. Yeah, I get I understand. >> Once once at all everything she is prosecuted. >> Why is she being arrested? >> She's not under the influence. >> Okay. Well, his investigation did not indicate that. It indicated otherwise. Okay. >> [ __ ] >> Who's this guy who pulled in front of us? >> Female 41. Okay. >> Pat, you got our yard or >> what's up? >> Our yards. >> Hey, you shut up. Don't talk. >> Did you do rely on him or no? >> Ma'am, can you just please just sit on the side of the road, please? >> Just sit on the side of the road. >> Just stand just >> You know what? My dad was an old cop and you all right. Thank you. Shut up. Don't [ __ ] fall. Don't fall. >> Pat Hook Hook for John's law. Is it going our yard or theirs? >> No. My house. Wait, my my only question is did you test him, >> ma'am? >> Cuz he pulled in front of us. >> Understood. He did not There was no problem call us to pull him out to for to test him for anything of that nature. There was no alcohol. There was no there was no sense of impairment. Okay, I will explain to you that. So, he was not we would not have problems to do that. I'm not answering any more of your questions. Stop and just sit there. >> Stop talking. Okay. Is it What property would you like to grab from this? >> I'm taking my [ __ ] purse. >> Okay. >> Hi. >> [ __ ] you know what? >> Would you like a ride home? >> No. >> Hey. How do you plan How do you plan to get home? >> I will walk. >> Okay. >> You're [ __ ] >> You know what? This is total [ __ ] He pulled right in front of us. >> Total [ __ ] You need you need to stop. Okay. >> Shut the [ __ ] up. >> You're [ __ ] >> ma'am. Ma'am. Ma'am. >> What? >> Can you Can you come here for a second? Please. What? >> Please calm. >> You are driving me this pulled right the [ __ ] in front of me. Ma'am. Ma'am. >> I don't want you walking down the street upset like this. Let me give you a ride. >> You know what? I've lived in this town for 25 years old and then my daughter's been [ __ ] treated like a [ __ ] criminal and all we did was [ __ ] drive home. >> Okay, ma'am. [ __ ] [ __ ] >> I can't. I want to give her a ride home. I don't want her walking down the street. But he's going to get this out of the road and then we'll clean up. All right. >> Total [ __ ] Total [ __ ] I cannot believe the way you asked. >> Ma'am, I'm going to tell you to stop. Okay. I offered you a ride home. >> I cannot believe you're treating her like that. Okay. >> I can't believe you're treating her. >> She's being found to drive under the influence. Okay. That's what's happening. I don't want to hear anything else. [ __ ] I will give you a ride home to your home so that you're not walking down the street. Okay. >> What is your name? >> My name is Officer Gant. >> Do you live here? >> I do. Okay. >> We've lived here for our entire life. That has no bearing on what happened here tonight. >> This is turtle [ __ ] That guy [ __ ] pulled right in front of us. >> Would you like a ride home? >> Did you test him? >> Ma'am, anyone testing? >> I'm not going to answer your questions anymore. I can give you a ride home. >> I'm not answering your questions anymore. I can give you a ride home. >> Yes, I would like a ride home. >> Okay. Can we be cordial from here? >> Yes. >> Okay. I I want to make sure you get home safe. >> I'm sorry. >> Okay. I >> I just cannot believe this is happening. Okay. So, in >> because she did nothing wrong right in front of us. Okay. And and >> the crash investigation is going to indicate as she indicated and as he indicated. The the facts of the matter is >> it's been found that she's impaired based on the tests that were performed. Okay. >> She's not. >> Okay. >> She's not. >> Okay. So, if that and that's the event and we're wrong, then we're wrong and we'll we'll take the heat on that. But as of but as of right now, as of right now, that is how this is going to happen. I will give you a ride home once they leave in your vehicle. I want to make sure that you get home safe and you're not walking down the street. Okay. >> She We did nothing wrong. We were driving home. She did nothing wrong. He was driving. >> Okay. >> And he got started to [ __ ] threaten us, too. >> Have a seat. The car is warm. Where is she going? >> She's going to go to Lacy police. Okay. Well, she has your phone number. Okay. >> We did nothing wrong. >> Ma'am, I'm going to give you a ride home. Okay. Okay. This way. One second. That's good. to be like that person, but my hair is in my mouth. >> Oh, >> just hold. >> Switch from the top. >> Capital. >> All right, just have a seat on the bench. Thank you. >> The 14th amendment requires individualized articulable basis for differential treatment. The mother's question, why was the other driver not tested is legally valid and deserved a direct answer. Officers stated no alcohol odor, no speech impairment, and no balance issues were observed in the other driver. That individualized basis is legally defensible. Collision involvement alone does not create DUI probable cause. Under New Jersey statute 394-126, a turning driver must yield to approaching traffic. The other driver's potential violation is a civil matter, not a DWI defense. Two independent legal events occurred, a traffic collision and a DWI offense. They are adjudicated on entirely separate tracks. One does not offset the other. Primary investigating officer grade B Sound probable cause analysis. Complete HGN clue documentation in the written report will be critical to admissibility. Officer Gant Grade B+ exceptional deescalation under sustained verbal provocation. His restraint from arresting the mother who stayed within First Amendment protection was correct. Driver Brandy Grade C plus cooperative throughout and did not resist arrest. However, voluntarily admitting alcohol consumption provided the probable cause anchor for the entire investigation. The mother, grade C, her equal protection question was legally valid. However, sustained profanity and non-compliance created obstruction risk and undermined her own credibility at the scene. Other driver grade B minus cooperative and consistent, but his own account suggests he initiated the turn without sufficient clearance, a potential failure to yield under New Jersey traffic law. One, the right to remain silent exists for moments exactly like this. A voluntary roadside admission requires no warrant, no coercion, and becomes foundational evidence for the prosecution. Two, collision involvement does not create automatic equal scrutiny for all parties. Officers must assess each individual independently based on their own observable indicators. Three, John's law removes discretion entirely from empoundment decisions. Knowing mandatory statutes in advance prevents wasted argument at the scene. Four, SFST protocol compliance is the legal foundation of any DWI prosecution. Deviation, however, minor hands the defense a suppression argument. Five, collision fault and DWI are independent determinations. Understanding this distinction prevents the most common and most costly misconception citizens carry into these encounters. Let us know if there is an interaction or legal topic you would like us to cover in the comments below. Thank you for watching. 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