Okay. Where are we going? What? Sure. I pulled in 15 minutes ago she was passed out in the middle of the road down there. >> Do you have your driver's license on you? >> Yes, I do. >> Can I have it? And your registration and insurance? >> My lawyer's calling me right now. >> You got a license on you? >> Sorry. >> Given how you're acting and also the three wine bottles that we found behind your car. >> I can smell urine. >> Yeah. >> So, whenever you get a DWI you're arrested on a DWI you're allowed to search the vehicle, the entirety of the vehicle for evidence of intoxication. >> Okay. >> Liquor bottles, stuff like that. >> On the 14th of July 2025, Union Beach Police responded to a DWI crash on Campbell Street, Monmouth County, New Jersey. This analysis evaluates officer conduct, subject rights, and applicable New Jersey law. Probable cause, the witness account, visible impairment, and crash damage established PC under N.J.S.A. 39:4-50. That statute prohibits operation of a vehicle when physical or mental faculties are impaired by alcohol or drugs. Officers need not wait for chemical results. Observable indicators alone can satisfy the PC threshold. >> Hello. >> Sure. I pulled in 15 minutes ago she was passed out in the middle of the road down there. I backed in my truck. Backed my trailer in, she cruised down here, drove over his grass into the side of my truck, and then tried to leave. >> Okay. >> She is out of state. >> Okay, why don't you just stand right here for me? Actually, there's another officer right there you can stand with him. Cool? >> Can I shut my truck off? >> She's got to get >> If you Yeah, if you have >> She pulled off here running around like this. It's crazy. >> And then I asked her to get out of the car and she wouldn't get out of the car. She rolled up >> She tried to roll up the window. >> Who's the driver? >> Yeah. >> She tried to roll up the >> Now her window's up. >> Okay. >> Who is she? >> I have no idea. She looks old. >> Yeah, she's She's old. >> How you doing? >> Hello. >> What's going on? >> I made a U-turn. >> Okay. >> Why don't you come out and talk to us real quick? >> Can I call my lawyer? >> 65110 >> Come out and talk to us. You can I don't care what you do, but come out and talk to us. Get out of the vehicle. >> She spilled this and that. We have some bad in the front seat. >> Yeah, that was right in my TV. >> Okay, come out of the car, please. >> Get out of the vehicle or I'm going to remove you from >> Ma'am. Car. >> 65110 >> I made a U-turn. >> Where you coming from today? >> Can I call my lawyer? >> Yeah, that's fine. He's asking you a question now, if you could answer him. Where you coming from? >> My business. >> Who's that up? >> You have your driver's license on you? >> Yes, I do. >> Can I have it? And your registration insurance? >> My lawyer's calling me right now. >> That's fine. I still need it. >> Yeah, they pulled me over. >> Do you [ __ ] believe this? >> Yeah, you're officially the crazy neighbor from hell. >> Let me out of here. >> car. They're literally on me. This [ __ ] white trash. >> I'll give you like 2 minutes to talk to him. But we have to like get this moving. Like we can't just sit here and like go back and forth. So. >> 2 minutes? Yep. Have you tested them? Have you tested them? >> What sort of problem? >> I didn't do nothing. Can you call um Call my lawyer. >> Yeah. I Tell them we're going to need someone to come and test her. >> 659 >> I didn't do anything wrong. I just did a YouTube. Come get me right now. >> Can you bring over this guy? We're going to need someone to test her. >> He has to come. I told you no. >> Ma'am, we need your information. >> Tell them Tell them what's going on. >> You're a grown adult. I need your I need your registration. I need your license and I need your insurance. Right now. [laughter] >> This guy was so mean. >> Ma'am, you can call him back in a few minutes. We need your information. >> So you have to give him the information. >> We need your driver's license, registration, insurance. >> You have to get out of the car. You're you're you're not getting back in the car. So, this >> Yes, I am. >> I'm telling you you're not, actually. You can go on the passenger side and get your information if it's over there. Okay, you can get out of the car and go in the other way. >> Exit order under Pennsylvania versus Mims, 1977. Officers may order any occupant out of a stopped vehicle. No additional justification is required. The subject's refusal was unlawful non-compliance. Right to counsel. The subject invoked her right to counsel at least six times before arrest. Pre-arrest counsel access is not absolute during a roadside DWI investigation under federal law. However, once handcuffs were applied, the Sixth Amendment right to counsel attached immediately and fully. Officers' repeated not right now responses post-arrest were constitutionally inadequate. >> [clears throat] >> 22 01 copy that. >> So, copy that. >> 22 01. >> And then just wrote first name >> resolve this issue, no report. >> 71 10 out of service. >> It's 500 over here. >> Go ahead. >> All right, you can go ahead and clear 23 23 01 out of service. >> It Don, if you want to just get his information. >> Where's your registration insurance? On the other side? >> Yes. The faster you do this like the faster we can get moving and like figure this all out. So, if you want to stand here with people who are pissed off at you like we could be here for an hour or we could be here for 5 more minutes. Where your car keys at? >> I suppose you would. See is that the firm? Jackie, I couldn't Can you go over that deal number? It's not coming back to me. >> All right. You say boxing? I advocate for women. Where do you live? >> You >> Where do you live? >> Yeah. And you in the beach? >> All right, where are you in the beach? >> I'm so embarrassed right now. >> There's It's fine. Like [ __ ] happens. We just got to get this moving. >> of this. >> And that's great. That's a great thing. >> I'm not capable. >> Okay. >> [clears throat] >> Do you see any signs of uh open alcohol? >> No, not open, but >> You're the best thing in my life. Sweet little Leslie. >> All right, that's great. Come on. >> You want to bring her over to your car? >> Yes. >> You want to bring her over to your car? >> Yeah. >> Ma'am, can you step out of the car? We're just going to go talk to you over by her car. Just separate you guys. Ma'am. I'm going to ask one more time. Can you please step out of the car? >> This is only going to get worse if you if you don't listen. Like I just need you to get out of the car and then walk over there with me. It's as simple as that. We're going to go this way. You want to hold on to me? There's literally no point at all right now. We have to go. >> Good. Good. >> Come on. >> Catherine is making it all right now. I have walked the line. I get it. We're fine. >> Hey Don, did you get a pictures of the of this car? Okay. >> I'm not No one's doing anything like this. >> What's Well, what happened like what transpired here in your in your own words? >> I need to call my friend. >> Okay, you can call your friend when this is all said and done and we figure out what we're what we're doing. >> I'm an employee. >> Okay, so where are you coming from? >> It's just Walk the line, I get it. >> I didn't tell you to do anything yet. I didn't tell you to do anything yet. You can stand here for now. Where are you coming from? This is an accident, so like first things first like we got to just get all the information we can so we could do a report on that and then we could we could go from there. So, what transpired here? Where are you coming from? Where are you going? >> It is a cyst in my brain and I don't want anyone to know about it. >> You're seeing a friend? You're seeing a friend, you said? >> There was a cyst in my brain. >> Okay. Where were you going today? So, where are you coming from? >> When my blood pressure gets up, it puts pressure on my >> Okay. >> And you can say it. >> 55199 Mojave >> 6524 >> 6524 go ahead. >> It is what it is. >> Can you repeat again the weapons? I had four of them. >> Who's coming? Yeah. 55199 Mojave >> First engine driver Thomas Joy Last engine will be Mr. Oscar Limo's limo Captain Junior 805E >> Who's got the other information? 049 >> Uh the town got the other guy's information and took pictures. >> Great. Thank you. >> Have you had anything to drink today? >> No. >> No? Why is there an open bottle of wine under your seat? >> No, because I It was nothing like >> If you're honest with us, this is going to go a lot smoother. >> A lot smoother. I just had a CBC count. >> You're coming from home? >> No, work. >> Where you work at? >> You're trying to make up everything. >> Listen, mistakes happen but if you're honest with us, this can go a lot better. >> Don't just try to let them get this [ __ ] There's piss all in there. >> Yeah, I know. Open all the [ __ ] Look at this [ __ ] There's a little one back there. Look Look at this. It's right here. Oh, look at this thing. >> You got lids on? Sorry. >> You know. >> Put the curtains on here again. Put them in the uh I don't want to search your your car. >> Eventually we're probably going to have to just move this or put it >> Tow it. >> Tow it, yeah, but move it maybe for now, but I don't know. It's fine. I don't know. Yeah. >> You guys have the rest of it. Why is that why you guys searched the vehicle? >> Yeah. Yeah, pretty much. Like if it's 41, like yeah. Usually it's like if you have like a reason to believe there's something in the car, which there isn't. >> Like she moved. We take her based on that and do we need to do a test? We take her based on that and do we need to do a test? >> I have we have it here. Just so it's done. David said he's coming. He's already there. He just had to get changed. >> She needs to be tested. I don't think she did it. >> That way it's just like >> I don't have crash cars up here. In a crash car. >> Okay. >> Cuz I'm right from here. Like once it's a like 41, they just total the car. >> Good morning. >> You have a license plate? >> I'm sure where she lives. So the Texas speed on us? Window. >> Of course. >> So silly. All right, what do you like on them? >> What's that? I'm going to get gloves, actually. >> Well, she's going to be really kind of put to the test. >> What? >> I don't know if she's going to be able to perform the test. >> No, I'll pop them. Uh What was this coming here? What you want to do? >> Yeah, how much you had to drink tonight? >> Nothing. >> You didn't have anything to drink? Not at all? >> No. I don't know if I'll be able to do my blood test. >> Like I said before, if you're honest with us, this can go a lot smoother. >> Stand over here and don't move from us. >> I can't see you. You got to move. >> Is there a reason why you urinated yourself? >> Can I have a a Can I have my sister bring me >> All right, careful. He's uh stating on the radio that he has a medical condition. Critical. >> Okay, so Yeah, I'm not finding anything else at Chuck E. Cheese. >> Um, because of how you're acting and also the three wine bottles that we found behind your car. >> It's my supervisor so >> going on? What happened today? >> I also ran into Chuck E. Cheese. >> do a little test on you. >> No, I'm not finding anything. >> Okay. >> What's going on? What happened today? >> I don't know. >> Getting a little accident? >> Not yet. Not yet. Not yet. Stay. Stay. Hey. Hey. >> Stay. Stay. >> Miss, turn around. >> Stay. >> Hey, what's up? >> Where are we going? Whoop. You okay? >> This is what happened. >> All right. >> I want to talk to my lawyer. >> going on first. Well, nothing happened yet, so we're not talking to anybody yet. You want to take some tests and see what's going on? >> Yeah, of course. Of course. >> Well, let's stand up and uh we'll help you out, okay? >> I want to talk to my lawyer. >> Okay. Well, we can do that, you know. >> I was just in the hospital. >> You were just in the hospital for what? >> Seizures. >> Seizures? >> Mhm. >> Okay. >> I want to I want to talk to my lawyer. >> That's fine. Nothing happened yet, so Yeah. Cuz we can't sit in the road. Here, come on. I'll help you up. >> Thank you. >> You're welcome. Come on. I got you. All right, come on, miss. Ready? We're going to get up now, right? 1 2 3 stand it up. Okay. All right, can you look at me? When we stand right on the on the here so we don't fall down, okay? Good. Perfect. All right, can you look at me? >> Yes. >> All right, can we move the hair from her eyes? All right, just stand straight as you can and look at me. >> I've been through this. Yeah, that >> All right. So, stand straight as you can, straight up. All right. >> Arm is numb. >> Your arm is numb? Okay. Call for a state unit in a minute. Did we move her hair from her eyes? All right. All right, can you see the tip of my finger? Do you see the tip of my finger right here? >> Yes. >> All right, can you follow that with your eyes and your eyes only while keeping your head straight? Okay. I'm going to move left and right. I want you to follow with your eyes and your eyes only. Keep your head straight. You follow right here, right here. All right, straight, okay? All right, head straight. Head straight. You got to follow follow with your eyes, okay? No, don't move your head. All right, it's really easy. We got to stop moving that head, okay? Just the eyes. Open them up. Do you see the tip of my finger? We're just going to follow that with just our eyes. You can't? Okay. Do you think we could do a little balance test or we feel like we're going to fall over? I don't want to put you in danger. >> You can test your balance if you want to. >> You what? What's that, miss? >> All right, let's go. >> You feel like you could do a balance test? >> Yeah. >> I don't want you to fall over, okay? All right, you have to get off the car though. You have to get off the car though. >> Can I call my lawyer? >> Not yet. You have to come on off the car though. You don't have to do any tests. Are you going to do them or not? >> Field sobriety tests. NHTSA validates three tests. HGN, walk and turn, and one leg stand. Officers must administer them in strict standardized sequence. Deviation risks suppression of results in court. The subject's inability to track during HGN, head movement, closed eyes constitutes a scoreable clue. Under State versus Moskal, 1991, refusal to complete FSTs is admissible as consciousness of guilt in New Jersey. Medical disclosure. The subject reported seizures, your brain cyst, and a numb arm during testing. Officers correctly called for first aid. A DWI investigation does not terminate upon medical disclosure. If the medical condition caused the impaired driving, NJSA 39:4-50 may still apply. Courts have held this. A person with active seizure disorder who chooses to drive may face additional civil and criminal exposure. >> I want to do a leg lift. >> Okay, you're under arrest. Put your hands behind your back. Yep, you're under arrest. Other hand. All right. >> 3500 years old. >> at 10:52. >> All right, you're under arrest. >> Yeah, I'm putting the double locks. Thank you. >> Thank you. >> She's number two. >> All right, we're not too tight for you, okay? This officer is going to search you, okay? This female officer. All right. >> Do you have anything on you that could poke me, stab me? >> Uh search the vehicle. Uh any uh intoxicants, anything like that, that's what we're looking for. >> Don, got two. One box of cigarettes. >> Okay. Don, they empty? >> Huh? >> They empty? >> No. >> Okay. >> Bring something. >> I took pictures of everything before I removed them. >> Okay, we're we're going to put them back in the car and just take pictures of them. I don't want to take the bottles as evidence. >> Okay. >> are good enough. >> Okay. >> Cuz they're just going to sit on a shelf and wind up getting broken. >> Okay. >> Yep. >> I got to push you though. >> Yep, we can look through that. We can look through We can look through everything in the car for signs of intoxicants. >> Okay. >> What car is AJ taking? >> Uh over there. >> Okay. Who's in seven, Don? >> I'm taking >> You're in seven, all right. You transport her. Or I can transport her actually. I'll transport her. >> Do you need your phone call? >> Well, just for the continuity cuz I'll run the box, I'll do everything else. >> Not like this second. Okay, I'm going to walk you to my partner's car, okay? >> My keys are on that side. Make sure it's empty. >> [clears throat] >> Yep. >> Come on. Turn them off. Yep. All right. I smell urine. >> Yeah. >> So, whenever you get a DWI, you're with a DWI, you're allowed to search the vehicle, the entirety of the vehicle for evidence of intoxication. >> Okay. >> Liquor bottles, stuff like that. God damn. That smells horrible. Ugh. >> Yeah. >> We're not getting too far into there. It's it stinks. We'll probably have friends' video. Let's see if we can get some from them. Who was Who was involved? These people? Hey, what's going on? She hit you over here? >> Dude, I just unhooked my trailer. I backed up. I drove by or she was parked half in the road. I had to go around. >> Okay. >> So, she's parked down there. I come in, I back in, I unhook everything. Flashers on, get back in, go to drive away, and I look up and she's rolling. She drove She drove over to the grass right here. >> Yeah, you can see the line. >> And she's coming like right at me. >> Oh my god, yeah. >> 5 mph, just rolling against me, and like starts pushing me. >> Yeah. >> I jump out, she backs up, >> Yeah. >> and starts to drive away. I just stand in front of her. Yeah. >> until you guys get Oh, you're lucky. Yeah. Okay. Yeah. Yeah. Yeah. Yeah. Well, you just saw she's under arrest. She's intoxicated. Um extremely. >> Vehicle search. Officers found multiple open wine bottles. The search was justified on two grounds. First, plain view doctrine bottles visible without any search required. Second, DWI incident to arrest search. Under State v. Witt, 2015, New Jersey's automobile exception requires PC plus unforeseen exigent circumstances. The smell of urine, the crash, and open containers likely satisfy Witt's exigency requirement. Evidence handling. Officers photographed the bottles, but did not seize them as physical evidence. Photographs are admissible under NJRE 901, but physical containers provide forensic value photographs cannot. Residual alcohol in open containers can establish back inference. This decision may weaken the prosecution's evidentiary position. Implied consent under NJSA 39:4-50 4A, all NJ drivers consent to breath testing upon lawful DWI arrest. Refusal triggers a mandatory license suspension separate from and in addition to the DWI charge. A DRE was called to headquarters, which was correct. Drug recognition experts follow a federally standardized 12-step protocol. Under Missouri versus McNeely, 2013, a warrantless blood draw requires exigency beyond mere alcohol dissipation. If a blood draw occurred without a warrant here, the prosecution must establish exigency or seek suppression. >> Oh my god. >> You got his insurance information, his license, all that? >> it to the >> Don. >> The Don? Okay. >> He got his glasses. >> Perfect. >> my license, my insurance. >> And registration? Perfect. All right, yeah. We'll do an accident report. That'll be ready in like 5-7 business days. You just go on the Uni Beach website and you could request it on there. >> Should I call my insurance company now and tell them >> I would. Yeah. >> And just let them know what >> Just let them know exactly what happened. >> Okay. >> Yeah, that way they could start with everything. >> My My neighbor's going to download his ring camera for me. >> Perfect. I was just asking him about that. >> He didn't flip it. He makes sure of the of the >> When she was like up against me, but I He He's having trouble downloading it on his phone right now. >> He sent one picture of the of the um of the Jeep race back up in the gas station. He He said he'll go through his his >> If I If I give you my email, can you give it to him and just have him send me everything? Yeah, that's perfect. I'll give you my email. >> I don't know or something. >> Yeah, I'll write it down. I got you. >> I want you to write that down, yeah. >> Okay, I'm going to walk you to my partner's car, okay? Should I call them? Not right this second. I'll let you know though. >> This is my fault. This is my fault. >> Okay. >> I did nothing wrong. >> Listen, no one got hurt and that's all that >> It doesn't matter. >> Okay? >> It's just a messy accident. >> We're getting into this truck, okay? We're just going to get to the other side of it. >> I just wanted to bother you. >> This side. Come on. Come on. Come on. Almost there, okay? >> Then right there. THEN RIGHT THERE. ALL RIGHT, COME ON. I'M GOING TO HELP YOU GET UP, OKAY? >> I'M NERVOUS. >> PERFECT. GUYS? YEAH. There you go. All right. >> I'm sorry. I'm so nervous. >> Listen, nothing to be nervous about. >> I'm nervous. >> Don't be nervous. We'll be right there, right? You want the key fob? >> Yeah. >> Okay. Key fob. Don. Don. Don. Won't start. Won't start, yeah. Um. Perfect, thank you. No problem. Crazy. No, listen. Yeah. I have no tolerance for it, so. All right. Happy Monday. Uh, happy Monday. Good way to start the day, you know. >> [laughter] >> We start everything, yeah. >> All right, we're going to get out of your hair. There's going to be a tow truck coming to collect your vehicle. And uh, that's it. These guys will hang around till the tow truck gets here. And that's that. Yeah. Yep. Let me grab one out of my truck. We don't know yet. Nope. Yeah. Yep. Just take out Don, take pictures of them where they were. Pictures is good. >> If you guys ever need anything or questions or anything, just give us a shout, okay? Thanks, you guys too. I'm going to look at it car back. I did kind of like see it in glimpses of it, but I'm going to really look. Perfect. >> You're You're going to come back with me cuz I'm going to show you how to do everything. >> Okay. Um >> Yeah. Perfect. Perfect. Perfect. All right. Me, say Jack and McKenzie are going to go back. Can you guys wait for the tow? >> That's uh his car that I was just walking back this way, so >> go and wait with you. No problem. You have tow slips? Do you guys know how to do that? >> I've done it once before. >> Okay. Don, you have tow slips or no? Yeah. Yeah. Well, let him let him do it. You're going to come back with me and cuz you're a girl. >> Oh, that's why? >> Yeah, I'll I'll take care of this. I'll fill out the slip. >> Oh, yeah. >> Perfect. >> That's what I mean. You're beautiful. >> Well, you know. >> That's what I meant. I'm going to get out of here, you guys. >> Yeah, go on back network. >> I'm with you. >> You ready? >> I'm ready. >> Rock. It's rock. You have a first aid minute there? >> Yeah. >> Perfect. >> You staying with the car? >> I'm supposed to that. You got the first now. >> If you put it in there, yeah. Um you're staying with the car until Don gets here? >> Yep. >> Cool. >> Who's coming? >> Don's, yeah. >> Yep. >> Sounds good. Thanks. You guys good? No, they're good. Do you want us to come back? I don't mind personally. >> 6526 County. >> 6526 >> 6526 County. >> 6526 6526 21 >> Spoke to the driver. >> 41 >> Okay, I can confirm there is no warrant on this subject. >> You can clear that out 41. >> Sir, pop back door, please. >> 6524 County. >> 651290 21 County. >> 6524 >> 6524 go ahead. >> Can you create a walking and a headquarters and then you can run one for your work on your way ready. >> 6524 go ahead. >> First engine Robert Thomas calling. >> 37 >> I can't even get this thing out of here. Huh? Oh yeah, I know. I can't even get this out. >> from maybe >> That's what I'm trying to do. Are you kidding me? >> from these and stuff >> Yeah, I know. >> I can get the back. >> Open up Oh, look at this here. We got another one back here. Look at Look at this. Three Watch it. Okay. >> You got this one? Sorry. >> You got it. >> Don't tell me it's a water bottle. >> I'm going to pull these out of here, I guess. Put them in the Do you want them on the floor in your chip main car? >> I think we're probably going to have to move this or >> It's whole It's whole now. >> but move it maybe it's going to have to be a >> I actually could be towed right from where it's at. >> Yeah. >> Do some basic tests and I don't think she's going to be able to perform. >> Grades Primary officer B+ Strong PC development. Correct Mims application. DRE callout reflects sound procedural judgment. Deducted for inconsistent post arrest Council responses and failure to seize open containers as physical evidence. Subject C+ Exercise right to Council and declined self-incrimination. Deducted for driving impaired in a residential zone. Inconsistent statements and non-compliance with lawful orders. Union Beach PD B Multi-unit response was organized and properly resourced. Female officer assigned to search female subject correct. First aid called upon medical disclosure correct. Deducted for absence of clear post arrest Council protocol and sub-optimal evidence preservation procedure. Lessons learned always seize open containers, do not substitute photography alone. Upon arrest, immediately advise subject that right to Council is now in effect and will be honored at headquarters. Medical disclosure does not halt a DWI investigation. Document it fully and pursue both tracks simultaneously. Call a DRE early. Relying solely on officer observation is legally sufficient but strategically weaker at trial. Under wit, any warrantless vehicle search in New Jersey should be documented with specific exigency justification on record. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching. Don't forget to check out our second channel Street Body Cam for more content.