She's perfectly fine. Why are we ruining people's lives? Because of what she told to. >> I picked up my son and everybody. Like I told you, >> it's not fair though. Do you guys have kids? >> Okay. Like I told you. >> And unfortunately, you guys are ruining a really good person's life right now. Okay. And I hope you have that on body. >> On July 28th, 2023, a DWI arrest in New York State raised three core legal questions. Three cars. It's like five or seven cars. The towns don't do [ __ ] They don't do nothing. >> Anybody hurt? >> EMS look out. Say it again. Same t-shirt, very short. She's involved in driving today. >> Can you talk to me? >> Yeah. 2239. >> So, what happened? >> No, I was on my cousin's house and then I took my son home and I guess I hit a car. But I'm sorry. I can go home, but I've never been through this in my life. >> How did you hit the car? >> Well, I guess I shouldn't have been driving, but um I apologize and I would just like to go home now. >> Watching you guys. >> Well, cuz I guess I was drinking, >> but how long ago? Like it was only 20 minutes ago. >> All right. Just stand. >> Not joking. Last month. >> He's not doing good. >> No, I'm not [ __ ] joking. This is You want to You want to hear something such [ __ ] This is the third car I've had that's been totaled on this street >> on this same >> pretty much in the same spot. >> This is disgusting. You guys, I don't know. You guys need a speed bump, whatever the case is. >> I'm moving. I I'm just letting you know, but this is this is unacceptable. >> Two cars hit here and one storm. >> So, we got just us two five incidents in the last three years. >> They had three cars. >> Okay. Exactly. Like I don't I don't >> My car too. My car too. My my >> All right. Anyways, you need what? License >> No, I was in my house. I'll just leave the registration. >> Just give me a second. >> Cadillac four-door color white expired. >> What? >> What did you have in there? No, I just had a few beers, but my son was upset and I just wanted to get home. >> Here's my numbers for found property. >> That's my car right there. I had a car right here, man. I better put it away and then she >> didn't hear my song. Just send me one more. I didn't hear How many did you have? >> Your last one was 20 minutes ago. >> 20 to 30 minutes ago. Okay. Is everybody okay? She just went to a trash for now. Um, okay. What happened? >> She went to a trash line, Jackie. >> Okay, it's okay. Everybody's okay. >> Okay. It's okay. It's okay. >> Where do you live? >> What? >> Where do you live? >> She's down the street. >> All right. Can I just take her home and then we can figure it out? Not right now. No. No. >> Uh, based on what she admitted to me, now I have to perform uh couple test. >> What kind of test? >> Hm. >> What happened? What kind of test? What I said? >> You have sandals? >> Yeah. All right. >> Uh, in the meantime, I need your uh, license registration insurance for this. Uh, >> did you hit this car, too? Hello. Hello. >> I don't know how to pull up my insurance on the phone. Is that the registration? >> I think so. >> Oh, okay. Is she okay? Can she um just Can we just let this go? >> But my question is why? Why? >> Ma'am. Ma'am. Ma'am. >> Okay. >> Let's go. You're not going to do this. Let's go over there. She didn't need it. >> You know42 ma'am. >> Ma'am, that's not 2245. >> No, relax. >> You're all right. >> You're all right. >> She don't worry about it. >> We just She's perfectly fine. >> I'm okay. >> She's perfectly fine. She went into the >> home. >> Accidents happen. >> I have my son with me. I mean, I don't Yeah, she's perfectly fine. All right. Based on what was admitted to me on body cam, now I have to go the extra route. >> Why do you have to go the extra route? She's perfectly fine. Why are we ruining people's lives? >> Because of what she told me. >> 223. >> She told me she had four beers and the last one she had was in 282. >> And obviously by how she's walking, she's not she's not good to drive. >> No, she's perfectly fine. >> Listen. >> Okay. Well, listen. Do your walk test and do it perfectly fine. Are you going to give me a walk test or no? >> She's perfectly fine, please. >> Okay. So, do you want to do it now? >> Chance. >> I just got to do a >> Please. Her son is here. I will take her home. >> It was an accident. >> Based on uh what she admitted to me. I just got to do a test. >> Yeah, she's okay. We're okay. Okay. Listen. >> So, I'm going to turn off the lights. >> Yes. We're not going to ruin anybody's lives right now. Okay. >> Accidents happen. You want to do in the parking lot? >> Yeah. >> You look familiar too. You know, Salvad Demch. Andy Dech. >> He's He's a family member of mine. >> All right. >> She's perfectly fine. She hasn't even had any joints. >> No, she's okay. Let me clear. Put your car up. Block that side of the road. >> Okay. Hey. Okay, it's going to move me this way. >> First, were the subjects pre-arrest admissions legally usable? Second, were the field sobriety tests properly administered? Third, did companion interference affect legal process? Issue one, pre-arrest admissions? The subject stated, "I guess I was drinking unprompted before any Miranda warnings were issued under Burkimer versus McCarti 1984. Roadside DWI questioning is not custodial interrogation. Miranda is not triggered. The admission is fully usable." She confirmed last drink 20 to 30 minutes prior. Alcohol absorption peaks at 30 to 60 minutes postconumption. Back was likely still rising at the time of testing. This admission alone established probable cause under New York VTL section 1192.3 common law DWI. Issue two field sobriety tests. The officer administered all three Nitsa validated SFSTs. Hagen walk and turn and one leg stand. HGN officer looks for six clues. Four or more indicate impairment. HGN result was not confirmed in the audio record. Walk and turn. Nitsa identifies eight clues. Two or more impairment. The subject asked mid test whether to turn a potential clue. Under the does not understand instructions criterion. One leg stand. Four clues possible. Two or more likely impairment. The subject counted to nine, not the required 30 seconds. The officer read instructions verbatim from a reference card. Correct. Under Nitsa protocol for court admissibility. However, the subject reported a head injury from the crash. Nitsa protocol requires pre-est medical screening. Failure to screen creates a suppression risk at trial. >> All right. Based based on what you admitted to me, I have to uh I have to do a series of tests of on you. Okay. >> Okay. Um the first one we'll do it's called HGN horizontal gauge and stagnance. Okay. >> Okay. Second Just make sure I have everything. Now, this is just based on everything that you admitted to me. All right. >> Okay. >> Whether you remember or not, everything is on body cam and I just have to test what you told me. 135 >> coming here. >> We'll notify first one horizontal for two vehicles, please. Can you can you see the tip of my tip my pen? >> Yep. >> All right. So, you're going to follow the tip of my pen only. >> Okay. >> All right. >> Okay. Okay. All right. So, you're still going to follow my pin. Okay. No, follow follow the tip only. I'm fine, guys. >> I picked up my son and everybody >> like I told you. >> It's not fair, though. Do you guys have kids? >> Okay. Like I told you. >> Like I told you. >> Also, as long as the ground here, >> everybody else has their nights out. I would never my kids. >> Listen, by law, I have to do this. >> I understand that. And I know you're doing your job. My grandfather was an Irvington cop. Badge number 75. I got it, but it's not fair. Just let me go home and my kids. >> Unfortunately, I can't let you do that right now. >> Okay. >> Thought this book had it coming. Are you back in 930* 3? See now what alpha >> 3 2252 232 I have another one for you. >> Come on in with it. >> Okay. All right. The next going to be the walk 196 Avenue 258 in spot 173. See security. >> I like to read everything verbatim. I'm trying to find it. Receipt. You won't have your hand. You have your hand. >> I don't have mine out, man. >> It's somewhere in this book. I'm just skipping over right now. Okay. I guess I have to have it on top of top of my head. >> All right. So, next you're going to perform is the walk and turn. Okay. >> Okay. >> So, just pay attention to me. >> Okay. >> Don't do no nothing at all. All right. So, you're going to start with your left foot. >> Okay. >> Matter of fact, even better. We got a line here. Okay. >> So, your left foot forward. >> Okay. You're going to keep your hands down. >> You're going to go heel on toe right in front of your left. You're going to count out as you're walking. One, two, until I tell you to stop. >> Okay. >> All right. >> You want me to pick up my pants cuz I have like >> Hold on. Not yet. I didn't say >> Oh, okay. I'm sorry. I'm sorry. >> All right. So, as you take that ninth step, you're going to take a series of small choppy steps and then you're going to return. >> Okay. >> Nine times. Okay. >> Nine times. What does that mean? >> You're going to return nine steps. >> Okay. >> All right. You're going to count as you go >> steps forward. Are you going to tell me when it's time to return or No, >> you're going to count nine steps. >> You're going to take a take small series of steps >> back. >> Okay. >> Okay. >> Okay. >> You understand? >> I Yep. 1 2 3 4 5 8 6 7 8 9 Did I turn around or not yet? >> Did you understand? >> Not really. Is it nine steps and then turn around or no? >> Correct. >> Okay. 1 2 3 4 5 6 7 8 9. >> All right. Next is the one leg stand. Okay. >> Okay. >> Stand up straight. >> Okay. >> Your arm slightly out. >> Okay. >> Listen to my instructions first before you do anything. You understand? Yeah. >> Going to put your right foot up approximately in off the ground. >> Okay. >> You're going to count 1 1 2 1 100 3 100 and so on. Tell you to stop. Okay. >> Okay. >> Do you understand my instruction? >> To 100,000 or more than that. >> You're going to count 1 1,002 1 3. You're going to keep counting. >> Okay. >> That's how I tell you. >> With my right foot off the ground >> approximately six 6 in off the ground. Correct. >> Okay. Do you before you start, do you understand my instruction? >> Yeah. >> You may begin 1 100 2 100 3 100 4 100 5 100 6 100 7 100 8 100 9 100 Is that it? >> You said 6 100. >> I didn't know. >> I didn't know. All right, let's place your hands behind your back. If you obviously didn't listen to my instructions. All right, so we want to take you in. All right. >> Issue three. Probable cause for arrest. Probable cause rested on three independent pillars. One, voluntary admission of alcohol consumption. Two, active vehicle collision with property damage. Three, SFST performance indicating impairment. Under New York VTL section 1192.3, no minimum back is required. Observable impairment alone satisfies the legal threshold. A DWI summon was issued proportionate for a first offense absent aggravating factors. Under New York CPL, you can call me up. >> It's only a summon. Okay. So you can have someone meet you at police headquarters. We take you through the entire process and once everything is complete, you can leave. Understood, ma'am. You won't be in here all night. You're not getting charged with anything. Just getting you receiving a summon for the DWI. All right. Based on what you admitted to me and the results of your test. Okay. >> Is this her friend? >> Just went on. Okay. >> You can come pick her up. It's only going to be like >> she's not even she's >> out. She's being placed in the rest of Wii. Okay. Hear me out. They he did a feel test. He's tested in there. He knows how he do it. Um after speaking to her, she also, I guess, admitted to him that she was. I'm not sure what happened, but he spoke to her. Okay. So, based off the facts and everything that he did here today, she's been placed under arrest, but it's only a summon. So once we're done with her, she can contact anybody, come pick her up. Okay. >> Unbelievable. Like it's just like she's not she she just left me. I know she's okay. She's nervous. >> But ma'am, did you see what's going on here? >> Yeah, I saw that that she hit her head probably. Okay. She's probably so nervous right now that you guys are taking this as not coherent instead of maybe asking her if she's okay. >> I can ask him. He asked her. He probably did ask her that. I can ask. >> And she's probably so scared and she doesn't know what to say to you because you know what? Every time I call the cops for a simple thing and you guys needed a big thing, you're scared talking to a cop. A car a cop car gets behind me. Guess what? I'm nervous. I'll think that I'll run a stop sign by accident because you guys are behind me. So, I'm telling you, she's not incoherent right now. Okay? And unfortunately, you guys are ruining a really good person's [ __ ] life right now. Okay? And I hope you have that on body cam because at the end of the day, maybe you should see if she's okay. And that's that's the bottom line. I just was with her the entire time. So guys, I hope they [ __ ] >> like that's unfortunate. She's >> I feel like >> she feels like she can't breathe. Okay. >> Okay. First of all, why don't you ask if she's okay? She's not incoherent. She's perfectly fine. >> I really want to go home. >> She's [ __ ] fine. Unfortunately, >> you can mean this at police headquarters. She'll be right out. But what I'm saying is you guys are ruining somebody's perfect life. Okay? Because she just hit her head. This is not a summon. TWWI is not a summon. She hit her head. >> Okay? >> It's just a summon. >> Oh, it's just a sum >> and she can go to court. >> Okay. >> It's a summon. >> Okay. >> She'll be right out. >> Okay. I'll meet you up there. >> She's not She's not getting charged with anything. >> Okay. >> But DWI and that's on the sum. >> DWI? That's a bad charge. >> Okay. All right, man. See you right here. Close. Grades officer B plus probable cause established. FSTs administered in correct sequence. Deescalation maintained under sustained companion pressure. Deducted no medical screening before FST. A procedural gap that defense council will likely target a trial. Subject C. Plus, the fifth amendment guarantees the right to remain silent. The subject waved it entirely, providing the arrest's foundation. Politely stating, "I prefer not to answer," was always an option. Cooperated with FSTs without resistance, credit given. Companion B minus raising the head injury concern was legally relevant and valid. Persistent scene interference risked NY Penal Law, section 195.05, obstructing governmental administration. The appropriate venue for objection is the courtroom, not the scene. Lessons learned for drivers. Invoking the fifth amendment early is your strongest move. Voluntary admissions cannot be taken back. For officers, screen for medical conditions before any SFST. A crash victim's symptoms can mirror impairment document both. For bystanders, your best defense is your silence at the scene and your attorney's voice in court. Let us know what interaction or legal topic you want analyzed next. Thank you for watching. Check out Street Body Cam for more content.