Put your hands behind your back. >> Why? >> You're being arrested for for driving under the influence >> Of what? >> of alcohol. >> No, no, no, no, no. >> around. >> On the night of August 28th, 2022, Officer Gant of the Point Pleasant Beach Police Department responded to a rear-end collision. One driver identified here only as Julia became the subject of a DWI investigation under New Jersey statute title 39. The central legal questions tonight was the field sobriety testing administered to the standard required by law. Was the arrest legally justified on FST results alone? And what are the true consequences of refusing a breathalyzer in New Jersey? >> Hi, how are you? You okay? Are you Okay. >> I was at a complete stop. >> Okay. >> She came running into me. I think she's drunk. >> Okay. >> I think she's drunk. She wants to pay me whatever. She slammed me. I hit him. Look, my seats, everything went down. I was at a complete stop, put on the brakes. >> Okay. Ma'am, do you have your your license? >> Yes, I do. >> Your vehicle registration? >> Okay. >> And the insurance card? >> Oh my god. >> Are you okay? >> I don't know. >> Okay. Do you want first aid to come check you out? >> You know what? I have I have metal in my neck. So, I did get really whipped. >> Okay. >> I don't know. I don't know. He's my um >> All right, listen. Just take a breath, all right? You want to take a seat in the car? Relax. Do you want me to call first aid for you to get checked out? >> Think I should? >> It's up to you. >> I don't know. >> You let me know. They're volunteer, they don't have to They're not They don't charge you nothing like that. They come out, they check you out for free. And then if you if they think and you feel that you want to go to the hospital, you go get checked out. All right? Okay. If you want to take a minute >> All right. >> assess yourself, take a breath, and then uh you let me know, okay? Ma'am, also real quick, do you have an updated insurance card? >> on me. >> Okay, we'll we'll figure that out in a minute. >> good. >> I I believe you. I'm just We'll just figure that out later. All right? First one's going to be New Jersey Delta 63 Nancy Victor Nancy. Second tag is New York Delta Papa Foxtrot 5735 and the third is going to be New Jersey Tango 37 Papa Juliet Sierra. Is that from her front plate? Okay. You have the AC on? >> Yeah. >> It might just be coolant. >> That looks like it's running on the AC. >> Yeah, it looks like >> Oh, slippery. The radiator might have pushed in a little bit. Yeah, it's slimy. Now I can't get it off my hands. Gross. Here you go. Wait. What's that? >> No, the registration's out of date. >> Can you look it up and see what comes up? >> No, I need your insurance. >> That That I >> Registration I can look up by looking at your your plate. >> Yes, I can look at the plate. >> Yeah, but I need your insurance card. >> I'm going to pull it up right now. >> Okay. Two different towns, man. >> Do you have Liam's? >> Yeah, I have all our stuff right here. >> This is Nick's. >> This is a front car Volkswagen. >> Nick and Liam's full number. All right. >> All right, great. >> And then I don't know if you want >> Do you see the RA by chance? >> Yeah. >> All right. Just give me one. >> We have two of them. Do you need help with anything right now? >> I just want to get all all this stuff before I do anything else. >> Were you passenger? >> No. >> Oh, you just You just came out? Oh, okay. I was like, "Oh, man, I need your stuff, too." >> [laughter] >> Sir, this is a information how to get a copy of the report. All right, you can do it online, in the mail, or in person. All right, it takes about 10 to 14 business days to get a copy, but I'd also call your insurance company probably tomorrow or as soon as you can. Um call them tomorrow and let them know you're in an accident. They'll get you all set up with a shop and get you adjusted, and then they'll know to wait for the report and >> I just got hit like a Yeah, like a year and a half ago I got rear-ended in my truck, and they wouldn't do anything until they actually got the police report, which >> Okay. >> took forever cuz it was like crash dot. >> Yeah, crash dot. You're going to just go online, type in all the stuff, all right? And here's the information. There's a case number, my name, and then the uh the date, obviously. All right? So, that's for you. You're not hurt, right? >> I mean, I'd say no, but now like right here starting like my tailbone's starting to ache. >> Okay. >> And I I have a back injury. Like I was just got came off of physical therapy for it, but >> We have first aid coming out already for her. So, you want to let them check you out as well as they can. All right, if you want to hang out. Obviously, I would rather you get checked out than drive away and then have injuries later down the road. All right, but just letting you know. All right, they're they're coming. Okay? But other than that, you are able to leave if you wish to. Okay? >> We see ambulance. Let me call you back. >> All right, man, real quick before the ambulance starts taking care of you, okay? This is how you get a copy of the report online, in the mail, or in person. This is the website so you can just type in your last name, date of the accident, which is down here, and the case number, which is also right here. All right? Um since you're not local, it's probably the easiest move for you to do. Um takes about 10 to 14 business days. But I'll I'll re-explain it to you in a minute after you get checked out, okay? I'm going to just put this in your vehicle, okay? >> Oh, all right, great. Thank you. >> Ma'am, we'll be right back with you in We need 1 second, okay? >> Totally stopped. >> Hey Phil. You're eating camera. Okay. All right. So, leave your aunt's house in Rumson. Having a barbecue. Going to Lava Lava Land. Come to the intersection and >> Look down for a second, slam right into the back of the car. >> Okay. All right. >> Mhm. >> Um >> So, >> Okay. >> I got my ticket, unfortunately. >> And you work at the care center on the corner. All right. And uh Juliet, what's your um What's your phone number? >> All right. >> Um Okay. All right. >> This is what I need. One more [ __ ] ticket. >> You have a lot of tickets? >> Mhm. Yep. >> Why is that? >> 20s. >> Okay. With the speeding and stuff like that or Anything else? Nothing crazy. Just >> DWI was 2 years ago. >> Okay. >> The DWI investigation began when Officer Gant detected an odor of alcohol. Under New Jersey case law, specifically State versus Mascola, 246 New Jersey Superior 12 olfactory observation combined with accident circumstances and a citizen witness statement is sufficient to establish reasonable articulable suspicion for a DWI investigation. Julia voluntarily admitted to consuming three beers at approximately 6:00 in the evening. This statement was made pre-custody, pre-Miranda, and is fully admissible. The Supreme Court held in Berkemer versus McCarty, 468 United States 429 1984, that routine roadside questioning does not constitute custodial interrogation. Miranda protections had not yet attached. >> All right. >> You guys good? >> Okay. All right, Julia. What uh What I'm going to have you do We're going to come over here, in front of my car. All right. I'm just going to ask a couple more questions. Okay? Uh I'm just going to ask you a couple more questions cuz I'm getting an odor of alcohol on you. Okay? >> Of what? >> Getting an odor odor of alcohol coming from your breath, coming from the car. >> Okay. >> Okay. >> So, I'm just going to ask you a couple questions. Okay? Have you do some tests. >> Mhm. >> If everything's all good, then we'll call it a night, but we'll see what's going on. Okay? >> Okay. >> Now, if over here, we'll do it Do you want my car pointed >> do it right here. >> Oh, he's going to move his car? >> Yeah. >> Can we do it >> I'll move your car, but this is level. You got your line. >> Okay. Sounds good. Okay. So, is >> It works tomorrow at 8:00. >> Okay. >> 7:00. >> Okay. Did you have anything to drink tonight? >> Yeah. >> What did you have to drink? >> Three beers like at like 6:00. >> Okay. All right. What time did you leave your aunt's house? >> Not Well, I fell as- I took a shower, woke up at 9:00. >> So, you slept? >> Woke up at like 9:30, left Yeah. >> So, you you fell asleep in that time? Okay. All right, Julia. Well, first thing I'm going to have you do is just B 1 2 3. Go to the password portion. Nope. Just hit the bottom, right? Hand the button. B 1 2 3. Then log in. And then you just hit those two top buttons. >> At the same time? >> No, just one at a time. All right, then it's activated. And the camera doesn't turn, so you have to point it exactly. All right, Julia. What I'm going to have you do is stand feet together. Arms at your sides. Okay. I can hold He'll hold your phone, okay? Hands just at your sides. All right, stay in that position until I tell you not to, okay? Julia, are you familiar with the English alphabet? What's your highest level of education? >> Bachelor's. >> You have a bachelor's degree? Okay. So, you know how to read and write the English alphabet? Okay. So, don't begin until I tell you to, all right? But, I want you to recite the English alphabet from letters A to Z without singing or grouping. It's going to sound like this. A, B, C, and so on all the way to Z. Do you understand these instructions? You may begin. >> A, B, C, D, E, F, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, W, X, Y, Z. >> Okay. The next test, I'm going to have you stay in the same position. Hands will stay at your sides. >> Okay. >> Feet together, all right? Stay in this position while I explain the next test. >> Okay. >> Yeah, and hands loose at your sides. >> Okay. >> Okay. Next test will be one foot one leg stand test, okay? Now, if you do, the foot of your choice, you're going to raise it 6 in above the ground, keeping it parallel with the ground, and counting out loud 1 1,000, 2 1,000, 3 1,000, and so on until I tell you to stop. >> Okay. >> Do you understand the instructions? >> Yeah. >> Again, I will demonstrate for you if you just want to watch my feet. Foot of your choice, don't begin yet until I tell you. >> Uh I'm good. 1 1,000, 2 1,000, >> stop. Stop. Don't begin until I tell you. >> I need to go. >> Feet together. Hands will stay at your sides. Again, I'll demonstrate. Foot of your choice, 6 in off the ground, counting out loud 1 1,000, 2 1,000, 3 1,000, and so on until I tell you to stop. Do you understand the instructions? >> I understand. >> You may begin. >> 1,000, 2,000, 3,000, 4,000, 5,000, 6,000, 7,000, 8,000, 9,000, 10,000, >> Keep going until I tell you to stop. >> 10,000, 10,000, 12,000, 13,000, 14,000, 15,000, >> Okay. Put your foot down. Okay. For this next test, I'm going to have you stand over here on this line. May you place both feet on the line, heel to toe, with your hands resting at your sides. Both feet, heel to toe. >> Like right now? >> Yes, please. >> Okay. >> With your hands loose at your sides. Stay in this position until I Stay. Feet together. There you go. Stay in that position until I tell you to start the test. Do you understand? Okay. For this next test, I'll do the walk and turn. >> Heel toe, heel toe. >> Let me explain. You're going to take nine heel to toe Have you stay in the position. Take nine heel to toe paces. Counting out loud your steps. All the way to nine. Once you reach your ninth step, you're going to take a series of small choppy steps to turn around. Okay. Take a series of small choppy steps to turn around and take nine heel to toe steps paces back, counting them out loud. I will demonstrate. Yes, ma'am. I'm going to demonstrate for you. Okay? So, So, your feet are together. You're going to take nine steps, counting out loud. Don't begin till I tell you. Two. Three. On your ninth step, you're going to put your feet together and take a series of small choppy steps and turn around. And take nine heel-toe steps straight back. Okay? Do you understand these instructions? >> Yeah, I think so. Nine. >> Do you want me to re-explain the test? Okay, begin when you're ready. >> Two. Three. >> Close your feet together out here if you would, take a step. >> Four, five. >> Six. >> Seven, eight, nine. Turn like this? >> I explained I explained it to you, but go ahead. >> Do what you said? Turn together, feet together? >> Okay, and then continue the test. Okay. >> You can't spin in these shoes. >> Okay, well, it's not a spin, it's a series of small choppy steps to turn around. Okay? This is going to be 1 second, all right? >> Happy with my fingers? All right, keep your head straight. Follow with your eyes only, okay? >> Yeah, it's just the light. Okay. >> What light? My flashlight? It's not even in your face. >> It's the contacts. Okay, go. >> What's that? >> Fast. >> I know, don't worry about Just follow the best you can. I'm going to go fast. Follow my pen. >> I'm trying. >> 31 >> Over here. >> Okay. >> You're looking at me. You need to >> Yeah, but I was Okay, I was >> I'm from Do we have these numbers? >> Keep looking at it until I tell you to stop. >> 40 Toyota I think it's a Toyota. >> Yes, that's the firm. >> Look at my pen. >> I am. >> You're not. I know when you're looking at it. >> I am. I'm looking at your thing. This thing right here. >> Uh stand by on that for now. >> No, I'm looking at you. >> Look at this again. Don't move your head. >> The operator of that vehicle was wanting to be tested. >> Chubby >> Look at my pen, please. >> No, it's just that >> Can you get 11 AD and date of birth for me? First name is Patrick, Tommy spelled And the last name is going to be Frank, Alpha Romeo, Romeo >> All six. >> Lima, Lima Date of birth 12 November >> Julie, first name is Chubby. Turn around for me. Chubby, turn around. >> Why? >> Put your hands behind your back. >> Why? >> You're being arrested for for driving under the influence. >> Of what? >> Of alcohol. >> No, no. >> Chubby, turn around. The officer administered a four-test battery alphabet recitation, one-leg stand, walk and turn, and horizontal gaze nystagmus. The NHTSA standardized battery consists of HGN, walk and turn, and one leg stand. Alphabet recitation is supplemental admissible in New Jersey as circumstantial evidence, but not statistically validated under NHTSA research. On the walk and turn, Julia started walking before instructions were complete, a recognized NHTSA clue. She also failed the turn-around technique. Notably, no offer was made to remove footwear as NHTSA protocol recommends when a subject raises footwear as a factor. This is a minor procedural gap that defense counsel could exploit. On HGN, the most statistically reliable standardized test, the presence of four or more clues correlates to a back of 0.08 or higher approximately 88% of the time per NHTSA research. Julia raised a legitimate objection pen proximity and contact lens interference. Officers are trained that contact lenses do not affect HGN validity. However, the pen to eye distance is a testable protocol standard. This is a colorable defense argument. The arrest was supported by probable cause under the totality of circumstances. Accident causation, citizen witness observation, alcohol admission, odor of alcohol, and FST clues across multiple tests. Under State versus Moskol, this combination satisfies New Jersey's probable cause standard for a DWI arrest, even without a breathalyzer result. >> Congratulations. >> Are you serious? Wait, for I How do I not pay attention? >> Stop. >> I'm not resisting anything, but >> Stop moving your hands. Just leave them behind your back. >> Your 17 is a violation of the >> Where's my phone? >> Yeah. Where do you want to put her in my car? >> Wait. >> I'll bring her in. >> Okay. >> Wait, can I get my cell phone and my car >> We'll get your stuff. Your cell phone first. Okay, and your cell phone. We'll get your purse for you. >> But, yeah. >> We'll get that stuff for you. Just watch the door. >> Do you have any pockets on you? >> You got to break for a second. >> Why am I What am I supposed What did I fail the the field test? Can I at least sit with my hands in front of me? >> It's a short ride. Won't be long. >> They'll be there shortly. >> Can you grab her wallet? >> Yeah. >> And then, I gave I gave them both the slips for the NBA. I didn't get to finish explaining it to the New York, the female. >> Okay. >> This is the first day came if you're going to see That. That, and then I just didn't get to finish the the form explanation of getting the report. I gave it to her. She just needs to be Thank you. This is her purse. Yeah. Can you zip up? >> Okay. Great. >> I have your license, yes. I gave them both to them. I'm having Bree re-explain it to the New York. >> Go ahead. Can you create a name screen for me? This is going to be out of El El Salvador. Kind of loving a name and name and DOB when you're ready. >> Your car is going to get towed. >> I know. I have to go and get it cuz it's being towed, I don't know. >> Uh no. You need to get it off the highway. >> Uh so, where's it going to get towed to? >> I'll explain all that to you, don't worry. 345 course. >> Thanks. >> I'll be coming 10-3. Female 41. 10-11 starting. >> Is that the RO of the Toyota? >> Julia. >> Affirm. >> That's firm. >> Copy that. >> 8234.8 >> Affirm. Headquarters uh 462 go ahead. First name is going to be Copy and place her on 10-41. >> You'll be back? >> 811 Avenue. 416 never mind. >> Copy that. 34 my back. 1011 ending. >> Copy. >> 8235.4 >> Copy. >> Watch your step. Watch your head. Okay, step forward a little bit. Close the door. Turn around and walk over this way towards this door. Step forward. Stay there for a second. Switch spots here. Shift to the left. Can you step up? Watch your step. Come over here to this corner wall. Hey. Can you put your back on the wall? Stay there for a second. Look straight at the camera. Just turn your head to the right. A little bit more. Okay. All right, step over here. Can you turn around and take your cuffs off? Okay. Can you take a seat on the bench? I'm going to place this cuff on you, all right? Can you scoot over a little bit and bring your hand over? >> Is someone waiting for me? >> We didn't call anybody yet, so I don't think anybody's waiting for you just yet. >> No, I mean yeah. >> Oh, your friends and all of that? Okay. Well, we'll get there in a second. Hang on. >> Okay. >> 2910 >> the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer and have him or she present with you while you're being questioned. >> Mhm. >> If you cannot afford to hire a lawyer, one will be appointed to you to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. I have read the above statement of my rights and understand each Okay. Do you understand these rights as I read them to you? >> I do. >> Okay. Have you sign right here. Is it bad? >> I being arrested for though? Failing >> Driving under the influence. >> Failing you have a what? Because of a field test? >> Yes, ma'am. So, I'm going to have you sign right here if you understand your rights. >> Brad, he's valid out of Delaware. >> I can read them to you again if you'd like. >> No, no, no. I I >> [laughter] >> know my rights. >> Okay. >> But like I didn't fail anything. >> Okay. Well, I'll explain a little more to you, okay, but let's have you sign. >> I don't want to sign it. >> Okay. You don't want to sign? You don't have to. We refuse all. But you understand your rights as they've been read. >> Yeah. >> Okay. You're sure you don't want to sign? >> I know the Miranda rights. I just I don't I mean >> It's just It's just sign. >> Because I failed a [ __ ] field test. >> For being suspected of driving under the influence. Yes, ma'am. >> Right, but okay, and then what grounds? Because I failed it? Because he held the pen in held the pen in my face? >> Yes. >> Are you good? >> Believe so. Just trying to have her sign. >> What is that? >> Just trying to have her sign. >> I just want to go to go >> You don't want sign? >> Hello. >> Okay. >> I mean, I if I have I don't want to make her like wait this long. I'll sign it if you want me to. I just like >> Okay. >> I need to go home. Like I work tomorrow. >> Okay. >> Basically, you just write down everything she says. I'll sign it, Jesus. I need to get the [ __ ] out. I work like I work tomorrow. I don't have time for this. My lawyer is a [ __ ] idiot. >> Okay. >> So, can I go now? >> No. >> Can I call someone? >> You're You're going to be here for a bit, so I would just accept that. >> What's a bit though? Like why? >> Because you've been >> Cuz I failed the field test? >> Yes, ma'am. You have to listen to this officer. He's going to read you a statement. >> He just did. >> That was your rights. Want to continue more, okay? You've been arrested for driving while intoxicated, NJSA 39:4-50. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record will be made available to you. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection to take independent samples of your breath, blood, or urine >> doing this. I'm not doing this. >> I I still have to read them to you. I'll I'll read that number again. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. If you refuse to provide samples of your breath, you'll be issued a separate summons for the refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you'll be subjected to various penalties including license revocation of up to 20 years, a fine of up to $2,000, installation of a ignition interlock, and referral to an intoxicated driver resource center. >> Can I just like pay for >> Please let me finish. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty. You have no legal right to have an attorney, physician, or anyone else present for the purpose of taking the breath samples. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you provide breath samples will be treated as a refusal to submit to breath testing. Even if you agree to take the test, but then do not follow my instructions, do not properly perform the test, or do not provide sufficient breath samples, I will charge you with refusal to submit breath testing. I repeat, the law requires you to submit samples of your breath for testing. Will you submit >> test again? >> Let me finish this statement. I repeat, the law requires you to submit samples of your breath for testing. Will you submit the samples of your breath? >> No. >> No? >> At the station, Miranda rights were read pursuant to Miranda versus Arizona 384 United States 436 1966 prior to any custodial questioning. Julia declined to sign the advisement card. This is her right. Refusal to sign does not invalidate the warning. Officers correctly documented it as a refusal to sign, not a refusal to comply. The most legally significant moment of this entire footage, the reading of New Jersey standard statement under New Jersey statute annotated 39:450.2, the implied consent advisement. New Jersey is an implied consent state. Every driver on New Jersey roads has implicitly agreed in advance to submit to breath testing upon lawful DWI arrest. The standard statement was read in full and correctly. This is legally required. Julia refused. Under New Jersey statute annotated 39450.4A, that refusal is not merely a strategic choice. It is an independent criminal offense separate and distinct from the DWI charge itself. The United States Supreme Court confirmed in South Dakota versus Neville 459 United States 553 1983 that refusal to submit to breath testing is not protected by the Fifth Amendment. Evidence of refusal is admissible at trial. Juries may draw negative inferences from it. Julia's prior DUI approximately 2 years earlier triggers New Jersey's 10-year look-back provision under New Jersey statute annotated 39450. This elevates both charges to second offense status. Second offense DWI minimum 30 days jail 2-year license revocation mandatory IDRC. Second offense refusal $500 fine 1-2 year additional license suspension mandatory ignition interlock. These penalties stack independently. For now, too? >> Yeah, cuz it's not a sufficient answer. >> She said no. >> I know, but that's what you repeat that and it's not a >> Okay. Your answer is not acceptable. The law requires that you submit samples of your breath for testing. If you do not answer or answer with anything other than yes, I will charge you with a refusal. Now I ask you again, will you submit to breath testing? >> Why? No. Why? >> Cuz you have to give us samples of your breath. >> Or why don't you just like redo the field test? >> We already did that. >> That's part of the testing, man. That's why he's asking you to do that. >> 31, 10-9. >> I just like I I did you um >> I have a [ __ ] Is that fine? >> 64, we'll be clear. 180. >> put it all there. >> Copy. >> Yeah, that's fine. And then just >> Put the time. >> Uh did you ask Dominic the cell questions? >> Uh yes, when we came in with him. >> Well, what what were his answers? >> All knows. >> All knows? >> He's all good. Julia, what's your occupation? >> Nurse. >> Nurse? Are you sick or ill at all? >> What? >> Are you sick? >> Right now? >> Yes. Are you sick at all? No? Where's her property? >> Uh it's in my car. Her purse, cell phone, her purse is in on top of my patrol bag. Cell phone and license are in my cup holder. On the driver's side. >> We already did the field test. We did them on the street. You don't even know what you're doing right now. >> Yes, I do. >> You don't Then you would know we just did the field We did all the sobriety tests on >> that I just said, "Can we redo?" >> Julia. Are you >> I cannot do this. >> already did the test. >> do this right now. >> Okay. So, there's your my questions. Are you under the care >> You should probably get your license changed. >> It >> It has it on there. >> I have the paper in my glove compartment if you want it. It was literally 2 days ago. >> Okay. >> And I've been working since, so I haven't had a chance to to go to DMV. >> You said Lauren was your uncle? >> Kind of. >> What's defined kind of? Cuz I already know that you're lying. >> I'm not lying. >> Cuz I'm friends with Lauren and I called him. >> And what he say? That's embarrassing. I didn't know he was like here. It's like a cousin. >> Well, you said it was his uncle that you were >> Yeah, ish. >> Um >> He's married to my grandpa's sister. What would you call that? >> Huh? >> I don't know. >> Cuz he has no idea who you are. >> Yes, he does. >> You guys have like a You guys don't get along or something like that? Like he would say I have no idea who he who this person is? >> No. I mean >> I'm just asking. I could really care less. >> I've No, I've >> Yeah, I need your son's number. >> She's a refusal. >> Yeah. >> your I still >> Oh, I'm sorry. >> Wait, wait, wait. >> And my my book's in my car. >> Is it in your bag? >> It's in my bag in my black It's It's right on top. >> If you tell them that like you know like you know you know >> thing. >> He knows I'm Tom Bergeron's granddaughter. Wait, I'm not I'm not drunk, okay? I just need to go home. >> Yes. >> Do you know someone who can get me this? >> We'll have you call somebody in a couple minutes, okay? >> PCC >> Sorry. Is that the house you're going to? Okay. What's their name? >> Russell >> Russell? Okay. >> Have they been drinking tonight or doing anything else? I don't know. I don't know what they're doing. >> Do you know >> Cuz it has to be someone who hasn't been drinking tonight. I would Yeah, obviously. >> Do you know their phone number? >> Um no. >> Is it in your phone? Okay. That's the only other person that can pick you up? You don't have anybody else? >> You don't have a family member? Yeah, let me Yes. I can try one first. >> Who is that? >> My cousin. >> What's their name? >> Tyler Foster. >> Do you know their phone number? >> Mhm. >> What is it? >> 732 No, that's in my phone, too. >> That's in your phone, too? Okay. >> 735 Yeah, I don't know. >> Okay. >> 36 >> But he But he lives right in Point. He's right over the um >> Over the bridge? >> Yes. >> In the borough? >> Yes. >> Can you just get the phone numbers for Russ and Tyler? Don't actually call them. Just give me the phone number. >> Let me know when I have to pick you up. Do you want me to call Russ or no? >> No. Just want you to get his phone number. >> Why? So you can call them? >> Yes. What's up? >> I I >> Huh? Okay. Thank you. >> I got a DUI. I like really can't can't >> Need anything? I'm sorry. >> Do I need anything? >> No, you don't. >> No. Do you need anything? >> I don't know. I have no clue. >> What's up? You don't even know what you're doing right now. >> Um >> He's being fingerprinted. >> You these people and >> Yes, talk with them. >> and see if they want to come. >> See if they've been drinking or doing anything tonight. Um just explain that they do have to sign a form that they will be responsible for for the next 12 hours. >> Right. I think she's going to go. >> willing to sign that, they can come pick her up. >> Okay. Here. Where'd that packet go? That was over there. I got it. Hello, Russell? Hi, this is Officer Gannett with the Point Pleasant Beach Police Department. Good. Are you able to talk? I am. All right. Uh she asked us that we call you. Uh she said she's been arrested. Uh she's in a need of a ride. But um have you been drinking at all tonight? Okay. All right. I understand she's been arrested for driving under the influence. And she's going to need a ride. And she uh you know, gave us your phone number to call you and say, but understand that if you choose to come and pick her up, you will be responsible for her for about the next for the next 12 hours and ensure that she does not get behind the wheel of a car and and drive, okay? And I obviously I'll I'll explain more of that to you once you get here, but you're able to come and get her? Okay, I just want to ask you again, you have not been drinking tonight? Okay. We are located at 416 New Jersey Avenue in Point Pleasant Beach. About uh how long until you're here? Okay. All right, thank you. All right. Russell's going to get you. All right. >> Okay, but wait. Wait, am I getting a DUI? I can't. >> Yes. >> Why? >> Cuz you're driving under the influence. >> Oh, you you have no proof. >> We did tests, and I asked you numerous times if you wanted to submit samples of your breath, and you declined. I read those rights to you. >> I No, I can't No. No, I can't This is No, I can't do that. Can we do another field test or something? Officer, where are they? >> They're in there, but but no, we did our test already. >> Yeah, you know what? You know what? It's all right, Russell. Don't worry about it. >> So, who's going to pick you up? >> My cousin. >> You want me to call him back and have have Tyler come? Are you sure? All right, let me find that again. I got it. Called your cousin, correct? Called her didn't answer. I'm sorry? >> Can you answer for me, please? >> Hang on. You got to keep your arm in here, okay? I put it on you loosely so you didn't have to feel it. And you're crazy, but >> It's all right. Don't worry about it, okay? >> Well, then who else will pick you up? >> No, I'll just wait. >> You're going to wait 12 hours? You have work tomorrow now. It's 1:00 a.m. You'll be leaving here at 1:00 p.m. >> Why 12 hours? >> Cuz that's how long we'd have to hold you. >> Why? >> For being under the influence to make sure that you sober up before we release you. >> It's under a law called John's Law that we have to keep you in our custody for 12 hours because you've been driving under >> Don't you usually drop us off at the ER? So, what you guys always do? >> Well, we don't know what you're >> Exactly. So, how can we keep you for 12 hours? >> Because you've been arrested for driving while intoxicated. >> Who? Call him once, didn't answer. The second one? Okay. >> So, wait. So, who am I calling to come get me? >> Right now, it's still Russell. >> I thought we told him never mind. >> Tyler didn't answer. >> He's willing to come pick you up. I would advise you to do that. Hello. Why is he not turning it off? >> He's a refusal. >> Or she, excuse me. Thank you. >> All right. Come on out. Why doesn't this thing turn back? You good? You good? Walk this way. This way. All right, so just look for the number then we're just going to dial it on this phone right here, all right? >> No answer. Or you want to just call work next? >> Can you text me? >> No. >> I'm calling a manager. Jimmy Woods is so rude. He was saying that he couldn't get me before 8:00. I'm going to call out if I don't have to. Okay. Sorry. I think he can get me from the school out. >> What's the time? >> It's 10:00. Hello. Listen. >> Did you hear that? That was I don't know. >> What was it? >> I don't know. It sounded like the end. Hey. Where are you? >> Yeah. What the [ __ ] We're going to throw her back in. All right, we're going to just put you back in until someone calls or gets here. All right? >> If nobody calls or shows up in like an hour, we'll call again. And we'll go back this way. >> The final 14 minutes of footage are governed by John's Law New Jersey statute annotated 39:4-50.22 enacted in memory of John Mastrolecas killed by a repeat drunk driver released without sober companion protocols. The law mandates a minimum 12-hour detention and requires any pickup person to sign written acknowledgement of 12-hour custodial responsibility. Officer Gant applied this statute correctly throughout. Officer Gant receives a B+. His investigation was legally sound from first contact through booking. Miranda and implied consent were administered correctly. John's Law was applied without error. De-escalation was consistent and professional. The deduction Nitsa protocol calls for a footwear accommodation offer during walk and turn. No such offer was audible on camera. Minor, but documentable. Julie receives a C. She exercised her right to refuse breath testing, the right most likely to increase her legal exposure, while failing to exercise the right most likely to protect her silence at the roadside stage. Her pre-custody alcohol admission and FST participation were not legally required. The breathalyzer refusal generated a second independent criminal charge. With a prior DUI on record, that decision carries compounding consequences. Point Pleasant Beach Police Department receives a B. Procedures were followed correctly. John's Law and implied consent were executed properly. The department would benefit from a training review on Nitsa footwear accommodation protocol to eliminate a recurring defense vulnerability. Three lessons this footage teaches. First, at the roadside, before arrest, you are generally not required to answer questions about alcohol consumption. Berkemer versus McCarty preserves your right to silence, even without Miranda warnings having been read. Second, in New Jersey, refusing a breathalyzer is not a safe default. It generates a second criminal charge with penalties that can exceed those of the DWI itself. Third, prior DUI history does not stay in the past. New Jersey's 10-year lookback means a conviction from years ago directly shapes today's sentencing exposure. 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.