Hey guys, how are you? >> Hello. >> Hello. >> Where's my car? I got to get my stuff out the car. >> Uh I just have it. You with her? >> Yes. >> Are you with her? >> Yes, I'm the passenger. >> Okay. Are you guys hurt? >> No, I'm not hurt. A truck cut me off. Turning down this road and >> A truck cut you off? >> Yeah, he was he was turning and I was coming down and he he turned off side and I couldn't stop my car so I stopped here. This is my stuff. >> You got your driver's license? >> Yeah. >> You got an ID, sir? >> No, I don't have anything. >> No? All right. He's the passenger. >> Oh, yeah, he's the >> Yeah, he's the passenger. >> On October 23rd, 2023 in Union County, New Jersey, a 25-year-old woman crashed into two parked cars on a residential street and was arrested for driving while intoxicated under New Jersey Statutes Annotated 39:4-50 subsection A. The first question most people ask is whether the officer needed to read Miranda rights at the roadside. The answer is no and the legal reason behind that matters for every driver watching this. >> All right. What is your name? That was the next car turning off 300 and 1 Mike and Charlie but Mike is clear. Uh the next one's Jersey from 700-LMC, it's a white Toyota. Jersey 2894 Romeo Whiskey Sierra, it's a black black Chevy Suburban. Perfect. Yeah, it's that one. >> And I guess the owner's having his car out here to smack into the two parked cars. >> Yep. >> So she was driving this way, a truck cut her off, and she had >> I'm going to call a tow. >> Yeah, probably a >> They're going to That one's on the sidewalk, they're going to take that one, too. All right, two. You're not hurt or anything? >> I'm here, I just hit my head. >> You need an ambulance, or you're you're okay? You're okay? >> Thank you. >> No problem. Can you start the next car? Hello. You need a tow? >> This car What happened to it? It's a truck, he coming off when I was pulling up, he coming off on the parkway, and he turned around, and he did like a 360 turn, and then made me like lose track of my car. >> Where were you coming from? >> That way. >> You're coming from that way? >> Yeah. >> So you're coming down this way? >> Yeah, I was coming down this way cuz I was taking him back home to his car. >> Okay. >> And he he threw me all the way off because the way he was driving he was driving really rocky and then he drove onto the parkway like he turned up on a 360 turn and then >> Onto the parkway? >> Then he drove onto the parkway. >> Okay. Well, unfortunately there's no ramp anywhere close to here except for way up there for turning onto parkway or 78. >> a parkway right there. The parkway is right there. >> 78 is over there. >> No, I'm talking about turning here. >> Onto Astoria? >> Right here. >> The street that's way back there? >> I mean it's not way back there but that's where he turned it after that. So you want me to say that? >> turned onto there and you ended up uh hitting here? >> Sir, it's going to spin it however you want to spin it. It's okay. Like I'm not I don't want to sit and argue with you. >> I'm just trying to figure out what happened. I'm not here to argue. I just >> I told you what happened. >> I just want the facts of what happened here for so like Let's just let's just start from the beginning, okay? >> I told you from the >> So what what happened with this accident? >> I'm not about to sit here I don't know how you guys do already. >> How we do? >> Yeah. >> Okay, I'm this is an accident. >> I told you and you already sitting there laughing at me like I'm a joke. So I'm going to make sure that I I'm like I get whatever I got to get. And get lawyered up because >> Why would you have to get lawyered up? >> Because you're laughing at me like it's a joke. You're laughing and it's like it's not funny. It's not funny. The car is messed up. >> So where were you where were you coming from? >> That's not funny. >> Where were you coming from? Can you face me, please, ma'am? I need to talk to you. Where were you coming from? >> I'm not Like I already told you. >> Where were you coming from? >> I'm coming from my friend's house. >> Your friend's house? Where does your friend live? >> She lives in Union. >> In Union? Okay. >> And I was taking my other friend back to his car. >> Okay. What were you doing before that? Before your friend Where were you at? >> I was at my friend's house. We were hanging out. >> Okay. Did you have any alcoholic beverages while there? >> No. I had like one or two. >> One or two? Okay. >> But not nothing like to do this to my car. >> Okay. >> I would never do this to my car. Like >> So you just had one or two. What did you have? >> I had IPAs. >> IPAs? >> The beer. >> So you had like one or two of the IPAs. What kind of IPA was it? >> The beer. The IPA beer. It's a green bottle. >> Green bottle. How long ago did you have that? >> I had it 2 hours ago. >> 2 hours ago? Okay. Um what you have besides that? Just the two Was it one or two IPAs? >> I had two. Just two. >> Two. Okay. Um and 2 hours ago. So about what time was that? >> 2 hours ago. >> Don't check your Don't check your phone. What time was it about? What do you say? >> I don't know what time it is now. Why can't I check my phone? >> About what time would you say it is now? >> I'm not answering that. Are you serious? What are you trying to do to me? >> Do what to you? >> That's weird. >> Okay. Excuse me. >> This is really weird. Like >> Do you have your license on you? >> I gave I gave him all my information. >> So you gave you gave him everything? >> You can ask him, sir. >> Okay. >> Why are you trying to do that? >> So the biggest thing I'm reason I'm asking you these questions is because you crashed into these parked cars at extremely high rate of speed. Okay? >> No, I didn't. It's not >> Yes, you did. >> Okay. >> You were going over 100% it. >> No, it's not 100% >> I'm just stating the fact. This is a fact. You were going well above the speed limit when you crashed into these parked cars. And I can tell you for a fact here. Um >> But not like you. I feel like 100% speed. >> I'm telling you right now you were speeding. You were not going 25 miles per hour. >> No. I wasn't I'm not going to sit here and lie to you and say I was going 25. Nobody goes Nobody goes 25 down this road. >> What is the speed limit on this road, do you know? >> I don't know. But nobody goes 25 down this road. I come down this road all the time. I work in Brick City Heights. I work in Union. So, I come from Brick City Heights all the way here down here all this time. I work as I'm a business analyst. So, I come down this this this street >> Okay. >> all the time. >> Could you take a step over here for me? >> Yes. >> Okay. Turn around face me. All right. So, listen. Reason I'm asking these questions and everything, okay? Is I can smell the alcohol coming from you. >> Okay. >> can smell some alcohol coming from you. >> I told you that I had two beers. >> I appreciate you being honest. >> I am being honest. >> So, like I said, you're admitting to your drinking. I can smell the alcohol on you. And based on this accident, I would like to do some tests with you to make sure that you're okay to drive. All right? Like I said, the purpose of these tests >> okay to drive. >> I'm saying that you are okay to drive. That's all it is. The purpose of these tests is to make sure that you are good to drive. That's all it's for. All right? So, like I said, do you have any medical problems I got to know about or anything like that? >> Medical problems? >> Yeah. Any medical problems, diabetes, anything like that? >> I don't have diabetes. >> No medical issues other than I need to know? >> My eyes. >> What do you have with your eyes? >> My eyes are issue, like that light shining in my my eyes was a issue, but >> Do you have any pain anywhere, any physical problems or anything like that? >> No, in my back. >> Okay. >> And my shoulders. >> And you said you didn't want an ambulance, right? >> I mean, you can call an ambulance. >> It's either yes or no for going to the hospital or not. Okay? It doesn't change what I'm going to be doing here. >> Okay. >> Um so, like I said, so you would you be willing to do these tests for me? >> I'll do the tests for you. >> Okay. If you could just stand First test we're going to do is stand with your feet together, arms down at your side for me, take your hands out of your pocket. Actually, let's go over here more. I want to get out of the street. All right? Let's go up onto the sidewalk. I don't want this to be in the street at all, okay? >> Okay. >> All right. Just stand there with your feet together, arms down at your side for me. So, like I said, for this first test what I'm going to do is be looking at your eyes, okay? For all these tests, you're just going to stand here just how you are. >> Mhm. >> And follow the tip of my pen. See this tip of my pen right here? You to with your eyes and your eyes only, okay? >> My do >> not move your head at all during this test, okay? >> Okay. >> I said during this test keep your eyes on this only. I'll tell you when to stop, okay? Do you understand? >> Yes. >> All right, ready? So, focus on that, okay? >> Mhm. I'm sorry if you're shivering. I'm just cold. >> It's okay. It's not cold too. Yeah, they're going to pop up. They're going to stop up. Cuz that's what's up. Look. Yeah. I'm going to go up now, okay? >> Okay. >> I'll hold it up, okay? Okay. Can you guys just turn your camera this way for a second? >> This way? >> Yeah. Thank you. Okay. So, for this next test what we're going to do we're going to you see how this is nice and smooth all right here and level? We're going to use this stretch right here, okay? All right, so for this test I'm just going to take your pocketbook off you real quick and I'm just going to leave it right where my partner is right here, okay? Oops. I got you. Yep. Just leave me right on the hood of our car, okay? Okay. So, like I said, do you have any issues with your legs or anything like that? Any problems with your legs? Okay. >> No, I got you. Listen, I understand it's cold, so let's get into it, okay? I understand it's cold. >> Trust me, I get you. All right, so for this next test, when I tell you to get into the starting position, >> Mhm. >> we're going to have you do imagine there's a straight line running down the sidewalk, okay? And you're going to put your left foot on that line with your right foot in front of your left foot with your right heel touching your left toes. See how I am right here? Yep, when I tell you to just wait, okay? >> When I say tell you to get into the starting position, you're going to stay in the starting position with your arms down at your side. Yep, just how I am, just how I'm standing. You're going to stand in this position and stay in that position until I tell you to begin the test, okay? You may get into that starting position now. >> You said the right foot first. >> Left foot on the line, right foot in front of your left foot. >> Okay. >> All right, arms down at your side, okay? So, when I tell you to begin, you're going to take nine heel-to-toe steps, all right? >> Nine? >> Yep, nine heel-to-toe steps. Make sure you >> them? >> Yep, don't worry, I'm going to try to do everything to you and I'm going to demonstrate it to you, okay? We're going to take nine heel-to-toe steps, okay? Take nine heel-to-toe steps with your arms down at your side and your eyes are going to be focused on your feet, okay? As you're doing it, >> No, I can look down. >> I'm going to throw it I'm going to I'm going to explain everything to you, don't worry. You're going to be counting out loud. One, two, three until you get all the way to nine, okay? >> Once you reach your ninth step, you're going to take a series of small steps, turn around and take nine heel-to-toe steps back counting them out. One, two, >> have to say nine here and nine back? >> three. Yep, it's going to look just like this, okay? You ready? It's going to look just like this, right? Obviously, if going the other way, it's going to be ready. One, two, three and you're going to keep going to nine. Okay? Once you reach your ninth step, you're going to turn just like this, and nine heel-to-toe steps back. One two three all the way to nine. Okay? Do you understand the test as demonstrated and instructed to you? Okay, you can begin the test. >> One. So, I think this one count. >> No, you count. >> Four. Five. Six. Seven. Eight. Nine. >> As instructed and demonstrated. >> One. Two. Three. Four. Five. Six. Seven. Eight. Nine. >> So. >> Just in case I messed up on my count. I didn't know how good I did or not. >> For this next test, I'm going to have you do just like I did with you guys. You're going to stand together, feet together, arms down at your side. Okay? >> Okay. >> All right. So, when I tell you to begin, you're going to pick up one foot, either foot, off the ground. Okay? And you're going to raise approximately 6 in off the ground. I'm going to demonstrate it to you, too. Don't worry. While it's in the air, the foot that's raised in the air, your eyes are going to be looking at the foot that's in the air. Okay? And you make sure you keep your arms down at your side. All right? >> I got to look at the foot that's raised in the air? >> Yep, yep. I'll show it to you, too. All right? So, like I said, while you're doing it, don't worry. While you're doing it, you'll be counting out loud. 1,001, 1,002, 1,003, and so forth until I tell you to stop the test. Okay? So, it's going to look just like this. Ready? Then, either foot, doesn't matter which one you raise up into the air. Okay? You lift your toes up straight. 1,001, 1,002, 1,003, 1,004, and so forth until I tell you to stop. >> Okay. >> Like I said, during this test, you're going to keep your arms down at your side. If you happen to put your foot down for any reason, just pick it right back into the air and start off with your left foot. Okay. Do you understand the test as demonstrated and instructed here? All right, give me 1 second. >> I'm sorry. I'm just so I just I'm trying to I'm trying to calm down. Hold on. >> All right, let me know when you're ready. I'll tell you when to begin. Let me know when you're ready. I'll tell you to begin. You ready? >> Yes. >> All right, you can begin the test. Count out loud. >> 1, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, 1,009, 1,010, 1,011, 1,012, 1,013, 1,014, 1,015. That's it. I did 16 seconds. >> Keep going until I tell you to stop. >> 16, 17, 18, 19, 20. >> So, like I said, you already gave him your license, your registration, your insurance, and everything like that. >> I gave him everything. That's >> Okay. Just put your hands behind your back. Place your hands behind your back. You're under arrest for driving under the influence, okay? >> The US Supreme Court settled this in Berkemer versus McCarty, 468 US 429 1984. Roadside questioning is non-custodial. Miranda does not attach until formal arrest. Everything this driver said before handcuffs went on was lawfully obtained and fully admissible. When she volunteered, she had one or two IPAs about 2 hours prior. That statement became evidence. She had the right to stay silent. New Jersey Statutes Annotated 39:4-50 subsection A does not require a breathalyzer to secure a DWI conviction. Under State versus Daily, 64 NJ 122, intoxication can be proven through the totality of officer observations alone. The probable cause chain had three documented links, all on camera. A crash at speed, a detected odor of alcohol, and a voluntary unprompted admission of consumption. Those three elements formally shifted this into a DWI inquiry, a legally different threshold from accident investigation. The officer then administered all three standardized field sobriety tests from NHTSA. These are validated forensic tools when administered correctly and they are dismantled on cross-examination when they are not. The horizontal gaze nystagmus test checks for involuntary lateral eye movement that alcohol suppresses. Six clues across both eyes are possible. Four or more correlate with a blood alcohol level at or above .10 per Before the HGN began, the driver disclosed a pre-existing eye condition and that disclosure is on camera. Certain medical conditions can produce nystagmus independent of alcohol. Defense counsel will raise that footage in municipal court to challenge the weight of those clues. On the walk and turn test, nine heel-to-toe steps forward, a pivot turn, then nine steps back, counting aloud with arms down. On the return leg, she counted past nine. Under NHTSA criteria, two or more errors on this test indicate impairment. On the one leg stand, she raised one foot and counted in 1,001, 1,002 increments. The officer concluded she failed all three tests. Under State versus Sheridan, a trained officer's field sobriety observations constitute competent evidence of intoxication. The arrest followed directly. New Jersey Statutes Annotated, 39:4-50.2, the implied consent statute establishes that every driver on a New Jersey road has already consented to chemical breath testing as a condition of licensure. That consent is implied by law. Under State versus Marquez, 202 N.J. 485, 2010, any deviation from the standard implied consent statement can result in suppression of the breath test. The officer read the statement verbatim from a card on camera. That is the correct and legally protected method. >> You don't have anything on you, right? >> No. >> You don't have anything on you, right? >> Only my vape in my pocket. >> What's that in your pocket? >> Here. Uh-huh. >> 450. >> I didn't pass none of the tests. >> Unfortunately, no. >> I don't know. >> I said just move up to the >> I'm just asking >> No, I just need you to move up to the >> I'm not trying to argue with you. >> Take her. Yeah, we're going to have one over for the 450. Okay. Um >> All my belongings is going to come with >> It's all going to be with you, okay? Everything's going to come over with you. We have things to do. We're going to have to take you to another police department. Going to go through an alpha test. We'll try to get a We're going to get a female officer also to search and then we'll plan everything there for you, okay? Um for right now, just take a step up here for me one second. I'm just going to go with my partners and then I'll I'm going to ask if I can search you. >> Okay. >> See, can you just stand with her for one second? I just want to see what uh >> Please, I didn't pass any of the tests. >> Um >> He told me I didn't, but I feel like I did. >> He was the one administering the test and observing everything, so I used to train to do that stuff, so that's why. >> That's crazy. Can I fight that? >> You're going to have to go to court anyways for it, so he's going to bring you and then I'm going to do a a test on be used to determine You're going to get released in about a couple hours. Yeah, he's going to he's going to go in everything too. Someone's going to have to pick you up. Cuz you're not going to be able to drive after you get released. After you get released, you just can't drive. All right, so I just want you to listen carefully to everything I'm saying. So, you've been arrested for driving while intoxicated. The law requires you to submit samples of your breath. A record will be taken of the breath samples including tests of your blood or urine. Upon your request, a copy of that record will be made available to you. After you provide a sample of your breath or testing, you have the right to an independent They are first in a position of your own selection to take an independent sample of your breath. If you refuse to provide a sample of your breath, you will be subject to some penalties for your DUI. If you're found to be guilty of a refusal and driving while intoxicated, you will be found to be guilty of a refusal, you will be subject to a very hefty penalty including license revocation of 20 years, a fine of up to $2,000, and a mandatory participation in a drug and alcohol treatment and alcohol education program. These penalties may be paid in addition to penalties imposed by the court for any other offense that you will be found guilty of at trial. You have no legal right to an attorney in your possession or any other person for the purpose of seeking advice from them. You have no legal right to refuse to give a sample of your breath unless you have a medical reason. Any response you give that is illegal or conditional in any way will be considered a refusal to take a sample of your breath for testing. You will be treated as a video so it's conditional and then And if you really take the test and you do not follow my instructions, you do not pass the road test or do not provide the requested documents that will charge you a fee for the conditional license. I think the longer process is just an example of the representative. What do you think of that? You're welcome. I'm giving you a new >> Yes. >> Okay. So this is looking faster. The more you cooperate, the more you're cooperating, the more you cooperate, the quicker everything will be. >> [ __ ] >> The The more you cooperate, the quicker everything will be. I'm seeing everything. So the whole process just >> faster than >> I understand the predicament that you're in. Follow the instructions and go through go through whatever test you have to do. >> in here. >> I don't have your car. I don't know. He just came out. >> Are you >> That Is that your car? >> That's my stepdad's car. >> That That one? Okay, you can Can you have him come out? We got to We're going to give him >> He's not here right now. >> Oh, okay. All right, so we'll talk to you when when we finish, all right? >> Okay. >> You got to get your car. I want you to come out here. I want you to bring him bring him out. What is that? Because you're being arrested for that warrant. You have to put your hands behind >> What Did I just really pass the test? >> You were driving the test and you talked to me. You failed. He's going to signal for it. He's going to signal for it. I was going to see as far as the If If we're not we're not doing that. I'm just going to look around and see if there's a spot I can All right. >> Gonzales, you want to just put her in there for now so they can go over All right. Just take a seat. We're going to switch it. You okay? We're going to switch it to another car. We just got to wait for them to move it. Hello? Hello? Hello? So you you said that you're it's your step father's car? >> Yes. >> All right. He's not home? >> No, he's not home right now. >> He's coming back from Massachusetts. Oh, okay. Okay. >> Yeah. >> So um Her car hit that car? >> Your step father's car? >> Yeah, and it hit the the other car. So um >> Yeah, I I heard it from my bedroom and I was like, "What was that?" I thought it was like the car going over cuz like I usually I usually hear weird noises outside. >> Yeah. Yeah. So the tow the tow truck is going to have to tow it cuz it's um it's disabled. It won't move and it's on the sidewalk. >> Yeah. Yeah. >> We're going to give you a report number to give to your your step step father. And then um we'll explain the whole report and everything. It takes 3 to 5 days for the for the department. >> Okay. >> It's going to be at the the tow yard. It's Seaton Towing. It's in Maplewood. >> Yeah. Yeah. It's right next to the restaurant. >> I believe so. >> Yeah. >> Excuse me. Hi. Did you talk to Will? >> Oh, yeah. He's on the phone. >> Oh, he's on the phone with him. Okay. >> Yeah, he's trying to get it. Uh just let us know if you need anything. >> Okay. I I thought it was I thought it was a truck that hit >> I didn't even think I heard something, BUT I ROLLED OVER AND WENT BACK and then I woke back up. So then I came back to the window and see all the >> She's in our car for now, too. >> Hi, ma'am. My name is Officer Kelly. You agreed to do the breath test, right? >> No. >> All right, so I'm going to go take you to do that, okay? So, we're going to go in my car. Just follow me. Go in this car right here, okay? Do you have anything else in your pockets or anything? >> No, I took the breath test already. >> Okay. I'm going to just make sure real quick you don't have any pockets. Excellent. Easy enough. Hey, you just have a seat. All right. >> Car 4 10. >> You know what? Uh >> Car 2. >> Do you want me to buckle you in? >> Where are we going? >> To the Springfield Police Department to do the breath test. Our machine doesn't work in here. >> Okay. >> Yeah. Uh >> I mean you don't have to buckle me in if you don't >> Okay, we'll take it nice and slow for you, all right? >> Okay. >> Yeah, we got it. >> She's booked. >> Got me, Zeta? >> 10-4. >> Same thing. Yeah, IT LOOKS LIKE >> CAR 10, CAR 10. >> AND MY BAG? >> YEAH, WE GOT YOUR BAG. We have all your stuff. >> Car 10. >> information My identification? >> Yeah, we have everything here. >> You have it? >> Yeah, the purse is up here. >> Okay. >> One female to Springfield. Starting mileage 34082.9. >> We received. >> Yes. When I get there after I do this breathalyzer, can these things come off my hands? >> Yeah, they'll come off Yeah. breathalyzer and these come off my >> [snorts] >> I'm on. All righty. R10 >> R10 >> Why am I being held up? >> Ma'am, you're being >> He took my purse second. >> 4 female back there quarters 3408518 >> He got me with my crazy >> See, everything Everyone thinks we're bad people. >> I'm not a bad person. That's what I'm saying. >> R6 CUZ THEY LIKE TO THEY LIKE TO GET AWAY. YOU KNOW what I'm saying? >> No, I didn't I didn't do anything and that's about all >> 84 to see if you can get a meter and come down here. I need a meter of salt. >> 80308104 >> I got to watch out for these parked cars that are jumping out at me. >> He said he He said he didn't like something I did. Got to take everything as a learning. Take it on the chin. How am I going to know where the car goes, where it's towed at? >> I can give you that information. >> Who? Dolan? What's his name? >> Yeah, he's waiting for you. >> I I I don't have I Don't say he's waiting for me. >> Be nice to him now. He'll be nice to >> Oh my god, like how I'm going to be nice to him? He's such a jerk." >> said, we got to do what we got to do. He has to do >> But he did it on purpose. >> He didn't do it. You're double bluffing. >> I I got I'm telling you right now, I want you to reach out to me on Instagram or something and tell me what I did. I watched the video because I did the video perfect. I did everything he asked me perfect. He just saw the car. Like everything made sense for me to say for him to say that I failed cuz the car was [ __ ] up in another car. But he's mean. So, I'm not going to say too much. I'm going to be nice like you said. I'm not going to try to be rude. But What you doing? What you doing, boss? You being all weird and sneaky during the video. Get the video. What you doing? What did I say? That's my stuff? Yeah, it is. You're lying. Kelly, how far cuz I have to pee? We are? Oh, yeah. The watch. I was right here. Hm? These things hurt on the arms. Yeah, Jay. No, Jay, too. I'm talking about me. Do you mean the You mean one of them tight? >> Did I? >> Yeah, the last one. I thought you could run the lights. >> [laughter] >> I don't mean to make joke of it. I just really got to pee. I got to pee. I thought you could run No. What happens if you guys get DUI and you're not on the car? Well, y'all go to jail, too? >> Yeah. >> Oh. Y'all don't got no pass or nothing? >> We're not above the law. >> Mhm. But, I got a long way. You got somebody that could give you a pass. >> Nah. >> Yeah, Kelly, don't don't sugarcoat it. >> Nobody giving me a pass for that. >> How? You got the shield and everything and the the the stuff and all y'all got got to be having on the cars. >> Why you drove drunk? >> If you drove drunk >> Call my mom. >> You going to say that? >> Yeah, but I I'm not I don't drive drunk. If I get >> Never ever in your life? >> No. >> How old are you again? >> 25. >> Oh, [ __ ] Y'all don't want to talk. >> of Uber, if you drive drunk, it's kind of You did this to yourself, you know? >> Kelly, I don't like that you're saying that stuff. Where is the station? >> We're going to get you to the kind of work so I should be about 10-15 minutes out from the major. >> Ross, get the bag cuz I need the phone ASAP, as soon as possible so I can call a ride. >> All right. Christian, hold on. >> That's stressing me out. Nice to meet you, Kelly. I hope but I don't got to meet you again unless this has signatures. Yeah, and I hope not either because this is a very bad time for me. Look Look at you. Take a load either. Look at his face. >> You got to park somewhere else. >> You can't park right here? >> No, I was going to go in park inside but >> In the driveway? >> I'm going to go right here. >> Ouch. You going to let me out, right? >> Yeah. >> Okay. >> We got a little bit of paperwork to do. >> Oh my god, Kelly. Can I smoke my vape? >> No, you cannot. >> [clears throat] >> At least you said At least you said no. He said [laughter] no. >> All right, watch your step. >> Yeah, can I smoke the vape? >> No. I don't think uh anyone No, you can't smoke inside. >> But it's like a little It's like a air freshener. >> Trust me, your lungs don't need any more vape. >> [laughter] >> Not after those breathalyzers. >> Kelly, you are There's McDonald. The administering officer receives a B. Probable cause was built correctly, the test followed NHTSA protocol, and the implied consent statement was read verbatim from a card. The grade drops for disputing the driver's truck narrative for 4 minutes before any DWI element was formally on camera. The driver receives a C+. She cooperated with all three tests, consented to the breath analyzer, and did not resist arrest. The grade drops because her voluntary admission of alcohol consumption before any sobriety test was requested became a direct link in the probable cause chain. Officer Kelly, the transporting officer, receives an A-. Kelly was calm, professional, and accurate throughout. When the driver asked whether officers get favorable DWI treatment, Kelly answered honestly. One brief editorial comment about the driver's choices was the only lapse in an otherwise clean performance. This stop carries five takeaways that go well beyond this specific case. Here is what anyone watching should understand before finding themselves in a similar situation on the road. Lesson one, the Fifth Amendment works at the roadside, not just in interrogation rooms. Under Berkemer versus McCarty, a driver has no obligation to answer questions before arrest. Voluntary admissions made before handcuffs go on are fully admissible and will be used. Lesson two, field sobriety tests generate officer observations called clues. They are not a simple pass or fail. The place to contest those observations, including any preexisting medical conditions, is municipal court, not the sidewalk. Lesson three, implied consent means the decision was already made at licensure. Refusing a breath test in New Jersey adds a separate charge under New Jersey Statutes Annotated 39:450.4 subsection A, carrying its own suspension and fines on top of the DWI. Lesson four, New Jersey prohibits plea bargaining a DWI to a lesser traffic offense. There is no reckless driving plea out of New Jersey Statutes Annotated 39:450 the charge revolves as filed and that reality should shape the defense strategy from day one. Lesson five, a pre-existing medical condition disclosed before testing does not automatically invalidate a field sobriety test. It is a defense argument that goes to the weight of that one test. When the other two tests are documented and unfavorable, the condition alone will not carry the defense. If there is an interaction or legal topic you would like us to break down, let us know in the comments below. If this analysis helped you understand your rights, give it a thumbs up and subscribe to our channel for more.