And how much have you had to drink tonight? >> Nothing. Nothing. >> Okay. So So I'm going to be >> drink. >> You don't drink? >> No. >> You don't drink at all? >> No. I don't drink at all. >> Okay. So what what's this smell that I was getting when you got out of the car? >> Oh, I don't know, but I don't drink at all. >> You don't drink at all? >> No. >> Okay. All right. You're going to keep your legs You're going to keep your legs out, okay? >> Uh-huh. >> All right. You're You're going to keep your your feet together. >> Okay. >> Can you keep your feet more together? >> I I haven't drank in I don't know how long. >> Okay. There's alcohol. >> On October 28th, 2023, Officer Bonnie of the Bellvue Police Department in New Jersey initiated a welfare check on a vehicle parked with the engine running. Under the community caretaking doctrine established in Katie versus Dombrowski by the United States Supreme Court in 1973, officers may approach a parked vehicle without reasonable suspicion when public safety is at stake. That contact is constitutionally sound. The legal threshold shifted the moment the officer detected three independent indicators: the odor of alcohol, visible physical unsteadiness upon exiting the vehicle, and the presence of the subject in the driver seat of a running vehicle. Under State versus Daily, New Jersey 1982, this combination establishes reasonable articulable suspicion for a DUI investigation. >> Ma'am. >> Yeah. Oh, sorry. >> You okay? >> Yeah, fine. I'm waiting for my dog to get uh groomed and everything. >> To get groomed and everything? >> Yeah. Yeah. >> Okay. You all right? >> I'm good. >> Okay. Did you hit this? >> The what? >> The fence. >> What? Did I hit the fence? >> Yeah. Did you hit the fence over here? >> No, I didn't think I did. >> Yeah, I mean, you you tapped it. You gave it a little love tap. >> Okay, I gave a love tap. No, I didn't think I did. >> Okay. >> No, I'm waiting for Yeah, I'm waiting for a Yeah, the dog to get groomed. >> Okay. Where you Where'd you come from? >> Um from from Wingate. >> From Wingate? Okay. >> Uh-huh. >> All right. So, you >> So, I was going to take a walk, but I'm like, "Oh, I'm going to take a like little snooze and wait for it." >> Take a little snooze? >> Yeah. >> Okay. All right, sounds good. >> Yeah, that's all. >> Okay, you got ID on you or anything like that? >> Yeah. >> Okay. >> Um what do you want? >> I asked for your ID. >> Yeah, what do you want? >> Your ID. >> Yeah, my li- >> Your driver's license. Yep. >> Yeah, [clears throat] I'm waiting for I'm waiting for the doggie to get groomed. >> Are you? >> She said it's going to be like 2 hours. >> It's going to be 2 hours? >> Yeah, cuz if I drive back there, I'm not going to drive all the way back to Wingate. >> You're not going to drive back to Wingate? You're not going to drive back to Wingate? >> No, cuz if I I'm going to wait here and just >> Okay. >> Yeah, wait for him to get done, and I was going to take a walk by the river, but [clears throat] I was like, "I'll just wait." >> Okay. All right, do you have the registration and the insurance in the vehicle? >> Yeah. Yeah. >> Is this your vehicle? >> Yeah. >> Yeah? >> Yeah. You [clears throat] usually I read my book, cuz I have my book in here, too. >> I'm sorry, what's that? >> Usually I read my book. >> Yeah. >> But, you know, cuz it's kind of stupid drive all the way back. >> Yeah. Okay. Where you coming from again? >> Wingate. >> Wingate? And what you doing here? >> Getting the dog groomed. >> Getting the dog groomed? >> Yeah. >> Okay. Okay, your license valid and everything like that? >> Yeah. >> Okay. It's a not not not a not a good parking spot here. Kind of all over the place. >> Well, why isn't it? >> Well, you So, here's the line, ma'am, right here. And then you park sideways and you hit the fence. >> Well, I didn't really hit the fence. >> Ma'am, so you want to step out and take a look? Uh By the way, do you have the insurance? Do you have insurance for the vehicle? >> Um >> You gave me the registration. >> Registration and insurance. Yeah, I don't know. I I pulled in and you know, puppy's had >> Downy fabric >> And the puppy was what? >> barking and growling in the back. >> Okay. >> You know. And no, I I didn't think I was parked there. >> You want to take a look? You want to take a look? Can you do me a favor cuz I I noticed that the keys are still on and the ignition's on. >> Yeah. >> Can you just take the keys out and put them up on Put them up here? >> Okay. >> Put them right here. There you go. >> Okay. >> All right, you want to take a look? >> Yes. >> Okay. >> No problem. Yes, I put on mom's dress a little bit. >> Going to rest? >> Dad. >> You want to take a look? >> You think I was parked bad? >> New Jersey statute section 39 colon 4-50 defines DUI as operating a motor vehicle while under the influence of intoxicating liquor with a blood alcohol threshold of .08. The critical legal question here is the definition of operation. The New Jersey Supreme Court addressed this directly in State versus Stoll in 1986, holding that a defendant need not be actively driving to satisfy the operation element. A subject seated in the driver's seat of a vehicle with keys in the ignition and the engine running constitutes operation under New Jersey law. This case answers the central argument the defense would raise. There is one procedural concern worth noting. When the subject asked what would happen if she refused field sobriety testing, the officer declined to fully answer, stating only that she did not want to reach that point. Under New Jersey law, subjects have the right to refuse field sobriety tests and that refusal carries no automatic license penalty. A complete advisement would have included the information that refusal can be presented to a jury as consciousness of guilt, a point established in State versus Filson, New Jersey Appellate Division 2009. The absence of this explanation, while not reversible error, reflects a training gap that defense counsel will exploit. >> You're not You're not parked properly. But you hit the Yo, don't don't fall on me. You okay? >> Yeah, fine. >> Okay, cuz you almost just fell. Do you need medical or anything? >> No, I'm fine. Fine. >> Okay. >> No, you just woke me up by the >> I just woke you up, okay. >> Yeah, cuz I was like snoozing. >> You were snoozing, okay. >> Yeah. >> So, let me ask you a question. How much have you had to drink tonight? >> Nothing. Nothing. >> Okay. So So, I'm going to >> No, I don't drink. >> You don't drink? >> No. >> You don't drink at all? >> No, I don't drink at all. >> Okay, so what what's this smell that I was getting when you got out of the car? >> Oh, I don't know, but I don't drink at all. >> You don't drink at all? >> No. >> Okay. All right. >> don't drink at all. You test me, I don't drink at all. >> Okay. All right. >> Uh yeah, I just pulled in. Took the dog for a >> Yeah. >> walk, let him pee and poo. And then >> Yeah. >> that was it. >> Do you have a Are you married or anything like that? Do you have a husband or boyfriend? >> single. >> Okay. All right. Do you have family around here? >> Um in Wingate. >> In Wingate? Okay. >> him over here. >> So, you brought the dog here. >> Yeah, and >> going to take the dog back. >> Yeah, I take him back home. >> curious. >> And yeah, because the friend recommended Scooby's to me. >> Scooby's? >> Yeah, Scooby's. >> Scooby's, okay. >> And um yeah, I've been going to her. She's been great. >> Okay, you didn't You didn't come here with anybody? >> No. No. >> Okay. All right, do you take any medications? >> Um No, just my like But that's it. >> Okay. Okay. All right, when was the last time you had something to drink? You you you can be honest. >> Yeah, I'm honest. Probably March. >> March? Okay. What did you have to drink? >> Oh, I don't even know. I mean what to like a minute >> just stick your hands out of your pocket, okay? I'm not saying that you know you have something in your pocket. I just it's it's officer safety. Okay. I've had my run-ins with with people in their pockets, okay? >> Yeah. So, I'm just waiting my cuz I was like, "Oh my god, I'm not going to go all the way back >> to WinCo, right? >> to let the dogs. So, I'm like, "All right, I'm just going to sleep." >> Yeah. >> And I work night shift. I work at a hospital. >> Do you? Okay. What do you do at the hospital? >> Radiation therapy and radiology and x-ray and mammography. >> Okay. >> I have like tons of degrees. >> All right. Okay, and you haven't had anything to drink today? Okay. Do you mind if I run you through some field sobriety exercises? Okay, all right. So, I'm going to put this stuff in my car and then we're going to run you through. We're going to step over there into the shade because the sun is so bright. >> Yeah, this is freaking nuts. >> What? What's nuts? >> I don't know all this. >> You don't know all this? >> All this. All this is nuts. I'm just waiting for my dog >> all right. Just so just hold on 1 second, okay? >> All right. >> Johnny from 2112, I'm going to have one after test. >> Yeah, do you want to go in and talk to her? She knows I'm always coming over here waiting for my dog. >> Nope. Nope, you're okay. Well, I'm just What I'm going to do is I'm just going to run you through some field sobriety, okay? Because this is this is the thing, okay? Somebody came into my headquarters, all right, and stated that you went into Scooby's Do's and that you were stumbling all over place, okay? >> Well, I would never stumble. >> Okay, all right. So, so hear me out, okay? So, so so what what's happening, all right, is you were stumbling, okay, and then you did hit the fence, okay? So, my job Okay, here Ma'am, listen, hear me out. Hear me out, okay? >> You said two for from the Yeah, you said two for from the Yeah. >> Okay, I I said both things. So, I said you hit the fence and and you're not you're not parked properly, okay? But, that's irrelevant at the point right now, okay? So, when I first came up to you, you were you were passed out and and the keys are still in the ignition and >> passed out. >> Okay, all right. So, hear me out. >> I'm like, should I take a nap? Should I go for a walk by the river? >> So, so Ma'am, listen. So, I have detected the odor of an alcoholic beverage on you, okay? This isn't my first rodeo and I'm not here to sit here and tell you, okay, how many times Okay, and that that that's perfectly fine, okay? But, I I do feel at this time that you are presently under the influence of either alcohol or pills, okay? All right. When [clears throat] you got out of the car, you started stumbling and I even asked you, are you okay? >> Well, yeah, cuz I was sleeping. >> Okay, all right, sounds good. Your speech is also very slurred, okay? >> It's not. >> Okay, all right, and that's fine and that's fine. So, at this point in time, I want to run you through some field sobriety tests, okay? >> All right. >> All right. Do you Do you wear reading glasses or are they prescription glasses? >> Well, I just got them today. >> Oh, you just got them today? >> Yeah, I got PRK surgery done and it didn't work out as I had planned. >> Do you have any eye issues or anything like that? >> Yeah. >> Okay, what do you got? >> Well, I had PRK. >> What's that? >> Um that's like a laser surgery that they did not They did not feel like I was like LASIK qualified, so they did PRK, and then I picked up these today. >> Okay, all right. So, do you know what HTN is? Okay, you're going to look at my finger, and I'm going to run you through some tests, okay? Do you have any problems with that? What I'm going to have you do is I'm going to have you actually take off your glasses, okay? And you can just put them right over here, okay? >> Okay. >> Okay. So, I'm going to I'm going to have you come over here just so we're out of the sun. I don't want the sun blocking, okay? You can just stand right here, okay? >> Okay. >> All right. So, what I'm going to have you do is I'm going to have you keep your >> freaking Like I just figured it out. I'll take a nap cuz I worked nights last weekend, so I'm like >> Oh, last night I'm thinking okay. >> I'm thinking okay. >> Okay, all right. That's not a problem. That's not a problem. All right, so what I'm going to have you do is I'm going to have you keep your arms at your sides at all times, okay? >> And I'm going to have you keep your feet together, whatever's comfortable for you, okay? Sound good? >> Yeah. >> All right. What I'm going to have you do is I'm going to have you follow the tip of my finger at all times. You're going to keep your head straight. You're not going to look around. You're just going to follow the tip of the tip of my finger with >> of embarrassing. >> It's okay. Don't worry about that. Worry about me, okay? All right, I just want to make sure that you're okay to drive. >> Well, well, yeah, I drove here from Wingate. [clears throat] I'm thinking >> You drove here from Wingate? Okay, and that's fine, and I want to make sure that you could drive back to Wingate. It's not a big deal, okay? >> This is crazy. >> Okay. So, let me start again, okay? I want you to keep your hands down by your side at all times, okay? You're going to keep your feet straight. You're going to keep them facing me, okay? Does that make sense? >> Yeah. >> Okay. You're going to follow the tip of my finger at all times when I tell you to. >> Okay. >> Okay, you're going to keep your head straight, all right? You want to move the hair out of your eye? >> No, I'm fine. >> [clears throat] >> I No, but I need for the test I need it I need it moved, okay? So, right now you're just going to follow the tip of my finger, okay? >> Okay. >> Does that make sense? >> Yeah. >> Are you looking at the tip of my finger? >> Yeah. >> Okay. So, you're going to keep your head straight, all right? And then you're just only going to follow the tip of my fingers with your eye. Okay? >> Okay. Look, I didn't even know if I took a nap this would happen. >> Okay. All right, it's not a problem. I just want to make sure that you're okay, all right? >> Okay. >> You want to move your hair again? >> I guess. >> Okay. All right. So, again, you're going to keep everything still, keep your head straight, all right? >> Okay. >> Can you look up at my finger? >> Yeah. >> All right, you're going to look at the tip of my finger. You're going to follow only with your eyes, not moving your head, okay? >> Okay. >> All right. You got to keep your head still, okay? Okay. >> I never do anything like this. >> What's that? >> I never did anything like this. This is weird. >> not a problem. Okay. Can you move your hair again? Okay. There you go. All right. Keep following the tip of my finger. Everything is still the same, okay? >> Okay. >> You got to keep your head straight, okay? >> It is straight. >> Keep your head straight. Only look at the tip of my finger with your eyes. >> I just find this all silly. >> Okay. Can you keep your head straight? >> It is straight. >> Okay. Nope, keep your Keep your head straight. Only look with my eyes. >> did turn. >> Okay. Okay. Keep looking, okay? Keep your Keep your head straight. Got to keep your head straight, okay? >> Keep my head straight, right? >> You keep looking. Okay, you keep moving your head. All right. So, I'm going to do the same thing. You're going to keep your your chin, all right? Same level as mine, okay? >> Okay. >> What you're going to do is you're going to follow my finger. We're going to go in an upward fashion. >> My eye doctor says I do this too. >> Okay, that's not a problem. So, you're going to follow the tip of my finger right here, all right? So, you're going to keep your head straight, right? >> Mhm. >> Okay. Ready? Okay. How do you feel? >> Fine. >> You're okay? >> Yeah, feel fine. >> Okay. All right, you ready to >> Fine. >> Okay, we got two more tests. >> Okay. This is kind of crazy. >> Okay, you know, it it is what it is, okay? >> Cuz I was napping in my car. >> Okay. All right, ma'am. >> Well, I I was like, I'm not going to drive back to Wingate. >> Okay. >> [clears throat] >> Okay. Do you want to continue with these tests or no? >> I don't know. What what alternative do I have? >> Uh you have you have a legal if you have a legal right to say no, but I'm going to walk you through the next step. >> What legal like >> Well, you have a legal right to refuse to do field sobriety exam. >> Well, well Why? I don't know. I just pulled in. I'm waiting for my dog. I'm a >> Okay. So, are you willing are you willing to conduct a continue with our tests? >> Yeah, like >> Okay. All right. >> I well, what what happens if I refuse? >> Okay, well, I don't want to get to that point right now. So, I I want to walk you through the test right now. >> This is freaking crazy. I'm just like I'm just like, oh my god, I worked, you know, I worked last night. I'm taking the dog to Scooby's. I pulled in. I picked up a freaking uh table and chair that I'm going to redo. >> Mhm. >> And I'm like Yeah, so I'm just like waiting. I figured >> Okay. >> I'm not going to drive back to Wingate. >> Okay. All right, that's fine. So, going back to doing field sobriety, are you willing to to submit to a a field sobriety can and continue? >> I I don't know. I've never done this before. >> It is [clears throat] so it's it's a yes or ma'am. >> I guess. >> Okay. I've I've I've I've never done this before. >> Okay. All right, not a problem. All right, so our next >> I don't know what this is about. >> because so I feel that I feel that you are impaired, all right? And I want to run you through some field sobriety, all right? >> How do you feel I'm impaired? >> Okay. Because Okay, ma'am, but I'm explaining it to you and I've already explained it to you. Okay? I've explained my reasons behind >> I mean, you could take blood tests. You could do >> Okay. >> Well, you could do whatever you wanted to do. >> fine and I appreciate that, but are you willing Are you willing to continue with our field sobriety? >> I guess. >> Okay. >> I don't know I don't know what anything is about. >> Okay. All right. Do you know your alphabet? >> Well, of course. >> Okay. So, I would like for you to recite the alphabet starting Listen. >> Oh, don't even tell me like >> Listen. Listen. Listen. >> Yeah. Don't even tell me to start from the letter C. >> I would like from you I would like from you to start from the letter G to the letter Q, all right? Without singing it. >> All right. >> Okay? >> All right. G G H I J K L M N O P Q R S T U V >> right. >> Yeah. >> Okay. >> Yeah. >> The officer administered the horizontal gaze nystagmus test, the first of three NHTSA standardized field sobriety tests. The subject disclosed she had recently undergone PRK laser eye surgery and had acquired new glasses that day. This disclosure is legally significant. Pre-existing nystagmus unrelated to alcohol can produce false indicators on the HGN test. Any competent defense attorney will argue this at trial. The officer was correct to note the disclosure, but failure to document and formally creates an evidentiary vulnerability. On the walk and turn test, the subject took 10 heel-to-toe steps on the return instead of the instructed nine. Under NHTSA scoring standards, two or more validated clues on this test indicate impairment consistent with a blood alcohol content at or above 0.08 with an accuracy rate of 79% in peer-reviewed field. Condition. >> That's kind of silly. >> What's kind of silly? >> Yeah, just singing it back. >> Singing it when I asked you not to sing it? >> Yeah, but that's what you do when you're a kid. >> When you're a kid? And how old are you? >> Um yeah, okay. >> All right. Do you know where you're at right now? >> Well, yes. Scooby's is. >> Scooby's is? Is it Scooby's is or is it Scooby's is? >> It's Scooby's. Well, I call it Scooby's is. >> Okay. All right. What town what town are you in? Okay. Scooby's is. Scooby's is. Okay, what town are you in? >> Belvedere. >> Okay. All right. Okay, so are you willing to perform the next step in sobriety test? >> I guess. >> Okay. All right, so what I'm going to have you do, all right? I'm going to have you keep your arms down at your side at all time, all right? You're going to keep your legs You're going to keep your legs out, okay? >> Uh-huh. >> All right, you're you're going to keep your your feet together. >> Okay. >> can you keep your feet more together? >> I I haven't drank in I don't know how long. >> Okay. All right, that's fine. That's fine. All right, so keep your hands out to down to your side, all right? Keep your feet together just like I how I am, okay? And what you're going to do is you're going to lift up whatever leg you may choose, whether it's your left or your right, you're going to lift when I tell you to. You're going to lift it off the ground 6 in okay? Okay? >> Okay. >> All right, so you're going to when I tell you to, don't start yet, okay? So what you're going to do is whatever leg you choose, you're going to raise your foot 6 in off the ground. And then you are going to count out 1 1,000, 2 1,000, 3 1,000, 4 1,000. Okay? Until I tell you to stop. >> All right. >> Does that make sense? Do you understand what I'm asking you? >> Yeah. >> Okay. When you are ready, all right, you may be you may perform the test. >> I'm not very good with balance. >> Okay. Please count out loud. >> Well, what do you want me to say? >> I I asked you Do you want me to read >> Ma'am. >> Ma'am, do you want me to read Do you want me to re-explain it to you? >> No. No. You're okay. Um so, 11,000, 21,000, 31,000. >> Okay. >> Yeah. >> Okay. >> But, yeah, my balance is never very good. >> Okay. All right, that's not a problem. Okay. So, >> that's okay. >> Okay. All right, hold on. So, that Okay, so that concludes that step, okay? What we're going to do is we're going to do a walk and turn. >> Okay. >> Okay. So, I'm going to demonstrate and then you're going to demonstrate, okay? >> Just because I was parked waiting for my dog? >> Okay. Ma'am, I've explained this, okay? So, what I'm going to have What I'm going to do next is I'm going to have you do the walk and turn, okay? And I'm going to explain it. Okay. So, what you're going to do is you're going to start in the starting position. You're going to keep your hands down at your side. You're not going to start until I tell you to start. >> yeah, like I can't like I'm not >> Nope, I'm not asking Nope, ma'am, I'm not Hold on. Ma'am, I'm not asking you to do that, okay? What I'm going to do is is it's the next step. It is the walk and turn. You're going to keep your hands down at your side at all times. You're going to keep your feet together. You are going to take nine heel-to-toe steps, okay? When I tell you to. You are going to take nine heel-to-toe steps. You are going to walk in a straight line, all right? >> So, I guess I should have took it out. >> Okay. So, listen. So, what you're going to do is you're going to walk in a straight line. You're It's imaginary line, okay? >> Okay. >> So, you're going to take nine >> take this line right here? >> That, sure. >> Okay. >> So, you're going to take nine heel-to-toe steps, okay? On the ninth step, for example, you're going to No, no, not not not yet. Not yet. Okay? So, listen, I'm going to demonstrate it for you. >> Okay. >> I'm going to demonstrate it and I'm going to talk you through it. So, you're going to take nine heel-to-toe steps. One, two, three, four, and so forth. >> Yeah. >> On your ninth step, you are going to pivot. You are going to take tiny, choppy steps. Okay? You are going to return to the same position. You are going to take, again, nine heel-to-toe steps, conducting the same way that you just came back on on that imaginary line. Okay? Does that make sense? >> Yeah, I guess so. >> Yeah, you guess? >> Yeah. >> Okay. So, get into the starting Hold on. Get into the starting position. Okay. Do you remember everything that I explained to you? Okay. Whenever you're ready, you may you may go. >> So, one, two, three, four, five, six, seven, eight, nine. And then, you want me to go back? And one, two, three, four, five, six, seven, eight. Oh. Seven, eight, nine, 10. Go back. >> Okay. Okay. So, at this time, all right, I'm going to have What I'm going to have you do is I'm going to have you place your hands behind your back. Nope, place your hands behind your back. Okay. So, you are being under arrest, all right? Hold on. Hold on. Don't No, no, no. Nope. We're going to start walking over here to my car. No, no, no. Hold on. Hold on. No, no, no. Hold on. Hold on. Yep. Yep. You're going to walk in front of my car, all right? Keep your hands behind your back. Ma'am, hold on. Turn around, or you're going to get a resisting charge. You got to let me finish. You are being under arrest, all right? For DUI. Stop. Stop. You want to test me now? Stop. Ma'am, I already tested you. Okay. Really? Yes. Put your hand behind your back. I'm not going to tell you again. Stop. I will deal with it. But I've got driving. You were in the car with the ignition on. Let's go. You're serious? Yes, ma'am, I [clears throat] am. Well, for what? Okay. Right now, I'm going to pat you down. I'm going to use the back of my hand, okay? Do you have anything on that's going to going to poke me, stick me, hurt me? Of course not. Okay. Yeah, of course not. I would never Okay. I'm a hospital employee. Okay. No, I just like taking a snooze while waiting for my dog. Who's just here? I will tell her. All right. Have a seat in the car. Yes. Yes, ma'am. Really? Yes, ma'am. County 412, show me 111. >> The breath test produced a blood alcohol content of .23, nearly three times the legal limit of .08. Under New Jersey's graduated sentencing structure for first-time offenders, a BAC above .15 carries enhanced mandatory penalties, a longer IDRC program, extended license suspension, and a mandatory ignition interlock device installation. The subject's response, asking why she did not feel intoxicated is consistent with documented alcohol tolerance. High tolerance individuals may exhibit reduced subjective impairment at back levels that would incapacitate a casual drinker. This does not reduce legal culpability. The statute measures back, not subjective feeling. Two traffic summonses were issued DUI under 39:4-50 and careless driving under 39:4-97. The careless driving charge rests on the physical evidence of improper parking and contact with the fence corroborated by third-party witnesses at the scene. Independent witness corroboration significantly strengthens the prosecution's case. >> It's not funny. >> said my bulldog. >> There's alcohol. >> Keys. >> Hi, how are you? >> I'm good. >> Officer Bonick with the Belvedere Police Department. Um did she happen to leave her cell phone in here? Okay. Uh so I can't go into the details of it, but she is under arrest. Um are you able to hold her dog for a while? >> How long are we thinking? >> I don't know. So she's telling me she doesn't have anybody to come and get the >> she's alone. I feel really bad for her, but she's definitely >> Okay. Yeah, so she's got to go for processing and stuff, but obviously I can't just release her. >> Right. >> Um I mean Yeah, I don't I don't know. >> I have to think. I I I tell her not to worry about the dog. >> Okay. Can I just get your ID so I could attach it to the Um she was stumbling and everything obviously. >> She was really bad. >> Yeah. >> And I had two other clients in here that were concerned that she hit the fence and she was staggering. >> She did. Yep. >> Um they were like, "Don't let her leave." And I'm like, "Oh god, now I'm in this moral dilemma." So >> Yeah. No. No, I got you. Um she didn't have a cell phone or anything like that? >> No, I was I knew she was hanging out out there to wait for him to be done. So >> Okay. >> She didn't leave anything. >> Okay. And so you'll take care of the dog. She'll >> sure she's okay. >> Awesome. I'll >> turned over. I don't know where her cell phone is. >> [laughter] >> Okay. Did you smell anything on her by the way? >> I actually got close enough to see if I did. I didn't. But >> Yeah. >> Um >> Okay. >> She's kind of a mystery. >> A kind of history? Okay. >> Yeah. There's There's not this bad. >> Okay. All right. All right. I appreciate it. Thank you. So here's your first breath sample you took. All right? >> Mhm. >> These two weren't registering. So this is your fourth um breath sample. All right? So these these two combined produced a breath test result of .23 blood alcohol content. So you're >> What does that mean? >> You're intoxicated. You're well over the legal limit of .08. >> Then why don't I feel it? >> I don't know. All right. But the machine's stating that you blew a .23. >> Cuz it could it be cuz >> I I'm not a I don't know your medical history. Okay? >> Cuz I don't feel it. >> I know the the fasting probably isn't helping you. Um you're not eating food. >> Yeah. >> Okay. But this is going to be your >> I haven't eaten >> is going to be your copy for your records. All right? So, we'll leave it with your belongings over here. All right? Then, Officer Boneagle explained the the summons to you. >> Oh, yes. I've already made my statement and I will lose my job. >> Not necessarily, ma'am. >> Yeah, I will. Uh-huh. Yeah, cuz you have to report it to them, too. Yeah, see if we report it. So, I will lose my job. >> Okay, so listen. So, you have two you have two traffic summonses, okay? One for DUI, which is 450 and a care and then also a careless driving, which is a 39:4-1. >> I I I wasn't careless driving. I wasn't even driving. >> you Bec- Okay, because you hit a fence. Anyway, >> hit the fence. >> Okay. So, you have you it's mandatory court. I'm going to give you a court date of December 7th, 2020. >> I didn't hit the fence. >> Okay. All right. So, it's at 9:00 a.m. at the municipal courthouse. It's right here. It's going to be the building right next to us, okay? Make sure you show up for court, all right? You can't just pay it online or anything like that. It is mandatory court. But, those are your two traffic summonses. I'm going to put them in your purse. >> I didn't hit the fence. >> Okay. >> You took a picture. I didn't hit the fence. >> Yes, I did take a picture. Yes, I did. >> hit the fence. >> Okay. All right. Anyway, you need to keep calling people because we need to find somebody that can give you a ride. You cannot leave here you without a sober driver and you cannot walk. So, you have to continue to find rides. >> I didn't hit that fence. >> Okay. You're Ma'am, you're stuck on the fence part. You have to You have to find a a a valid non- >> This is crazy. >> Officer Bonnie receives a B+. The investigation was legally grounded, tactically composed, and professionally executed. The arrest rested on a 0.23 back SFST indicators, witness corroboration, and a solid application of State versus Stall. The incomplete rights advisement on refusal is the single meaningful deduction. The subject receives a C plus. She submitted to testing and did not physically resist arrest, both are noted. However, categorical denial of alcohol consumption while recording a point two three undermined her credibility at every stage of the encounter. She did not invoke her Fifth Amendment right to remain silent at any point providing the investigation with more than it needed. Three takeaways from this encounter. Second, the right to refuse field sobriety testing is real, but incomplete. Refusal eliminates voluntary evidence, but can be presented as consciousness of guilt. Subject should understand both sides of that decision before exercising it. Third, a back of point two three is not a borderline case. At nearly three times the legal limit, the evidentiary foundation here is strong. The outcome of this prosecution, should it have proceeded, would rest on procedure far more than on the facts of the back itself. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching, and don't forget to check out our second channel Street Body Cam for even more police interaction and courtroom content.