See that? This is This is me. >> All right. >> Excuse me, but this is me. And you >> All right. >> I'm making >> Excuse me. See what? That you're drunk? >> I'm not drunk. >> You're beyond drunk. You're wasted. >> Indian River County, Florida, January 4th, 2024. Officers respond to a 911 call placed by the subject herself. >> My battery is dead, and I'm like Oh, I'm doing I I come up here and like like I look at the water. I'm trying to tell him my battery's dead. All right. Signal one. >> 18. 18. Can I see your key? >> Oh, yeah. Actually, I can't get it out of my key. >> Okay. Let me Let me show you something. Moon, come talk Step out for me. >> Yes. Definitely signal one. >> Yes. >> And I have beer, and I sit I I I just drink. And sometimes I drink, and that's what I do. >> All right. Go ahead, step out for me. >> For me? >> Step out for me. Come lean against the car right here. >> All right. So, we have two options here. Because you were in actual physical control of the vehicle, I can take you to jail for DUI. >> Okay. So, what did she just do? >> Your vehicle was still in drive. That's why it would not turn on. >> Oh, I was trying to get it on. >> You have to put it in park to start your car. >> to start it. Okay. I can't fight. >> How much have you had to drink today? >> Just that. >> Okay. Well, that's that's the same can there. >> I know. >> Where do you live? >> In El Carro >> Okay. Do you have a driver's license on you? >> I actually do. >> Do you live with someone? Ma'am. Do you have somebody at the house with you or no? Do you live by yourself? Do you live with >> My mom that's her phone right now. >> 654-230-150 Okay. Does she drive? >> are here with me, quite frankly. And now they're accusing me of being a DUI. Mom, the cops are here with me right now. >> She's born in 1959. >> No, she's not. >> Her mom just called her. >> Here. This is my mom. >> Hi, this is Deputy Moon with the Indian River County Sheriff's Office. How are you? So, your daughter's over here by the water. She called 911 because she couldn't figure out how to start her car. We get here and she's got a tall boy of a beer in her driver's seat. She is clearly intoxicated and in lieu of taking her to jail for DUI, which I can most definitely do, um would you like to come pick her up? Okay, mommy's going to come pick you up. Your mom is going to come pick you up. >> Your mom's coming to pick you up. >> See that? Do you like that? See that? I just got it. See that? >> See what? >> Um >> [clears throat] >> See that? This is This is me. Excuse me, but this is me. And you I'm making >> Excuse me? See what? That you're drunk? >> I'm not drunk. >> You're beyond drunk. You're wasted. >> No, I'm not. >> All right, she wants to argue and say she's not drunk. >> I can take you to jail. Do you want me to take you to jail? Because I'm telling you right now you're intoxicated. You you have slow and slurred speech. You fell getting out of your vehicle. Do you want You want to keep arguing because I'm being nice. I'm saving you about $10,000. >> I'm looking at that [ __ ] What is that [ __ ] Mhm. Let me think. >> It's called a tattoo. >> Exactly. >> Is there a problem with me having a tattoo? >> Yes. >> Okay. Get out of the vehicle. >> No, get out of the vehicle. >> Stand up. Stand up. Stand up. Stand up. Stand up. >> You're not drunk, remember? >> Stand up. >> You can stand up. >> Would you like to do some field sobriety tests? >> My mom is coming here. >> Are you going to stop? >> I am going to stop. >> All right, well you're not standing in the vehicle. >> I am stopping. STOP THIS. >> STOP. YOU ARE NOT GETTING BACK in the vehicle. I don't know what to tell you, but stop. >> Ma'am, stay outside the vehicle. You're obviously intoxicated. >> Under Florida statutes, section 316.193 DUI applies not only while driving, but while in actual physical control of a vehicle while normal faculties are impaired. The Florida First District Court of Appeal established in State versus Tippen 1987 that being seated in the driver's seat with access to the ignition satisfies this standard regardless of whether the vehicle was moving. The subject volunteers spontaneous statements admitting alcohol consumption without any questioning. Under Miranda versus Arizona 1966, Miranda protections apply only during custodial interrogation. These statements are fully admissible. She has supplied probable cause without a single question asked. Under Atwater versus City of Lago Vista 2001 officers may lawfully arrest for misdemeanor offenses committed in their presence immediately without warning. Deputy Moon is not required to offer any alternative. He does so anyway offering a ride home as a substitute for arrest. This is a discretionary accommodation, not a legal obligation. The decision reflects professional judgment that prioritized outcome over authority. Moon personally calls the subject's mother, explains the situation, and secures her agreement to come. This constitutes documented on-camera de-escalation. The case against arrest was already complete. Deputies chose restraint. The subject begins filming a First Amendment protected activity. That is not at issue here. The issue is her simultaneous repeated attempts to access the vehicle after being lawfully directed away. Under Florida statutes, section 843.022 resisting or obstructing an officer in the lawful execution of their duty is a first-degree misdemeanor even without physical violence. Each approach toward the vehicle after a lawful directive to stop independently satisfies the elements of section 843.02. The subject is no longer just a DUI suspect. She is now generating a separate criminal offense through conduct that was entirely within her own control to avoid. The deputies are not escalating, the statute is. >> I'm trying to be nice. Here. >> You want to check the passenger side bag? It might be loaded with beer, too. >> Don't do this to me. >> Stop trying to get in your vehicle. We've told you twice now. Don't go in your vehicle. >> Move. >> Slide down, please, ma'am. You're not getting in this vehicle. Do you understand me? >> All right. I'll help you over here since you can't move on your own. >> Oh my god. Really? >> Oh, the doors not locked. Your battery must be dead. >> It won't start. It won't start, please. >> Let me see. This will help you out. >> You can't do this to me. >> Move over. Stop trying to go in your vehicle, please. >> Excuse me. This is abuse, It's >> abuse or harassment. You're lucky you're not going to jail. We're actually being nice and cutting you a break because you're drunk. >> I'm not drunk. >> You're absolutely drunk. >> No, I'm not drunk. >> Okay. >> And look at that. Look at that. Look at that. Okay. Good night, man. I don't even know what you're doing here, man. >> You called us. You called 911 cuz you're so drunk you can't start your own car. That's why we're here. You called us because you're so drunk as an adult that you couldn't start your own car. >> you. Just stop. STOP HARASSING ME. HARASSING ME. >> PUT YOUR HANDS BEHIND YOUR BACK. >> Stop harassing me. >> Put your hands behind your back. Now she can get battery on Leo. Stand up. You don't put your hands on a deputy. You don't Stand up. Stand up. >> Seriously? >> Here. >> Really? We tried. >> I got you for DUI and battery on a deputy. >> I didn't DO ANYTHING. WOW. >> WALK. >> WELL, FINE. OKAY, FINE. >> DON'T TRY to cut her break. >> So, she admitted to having that and that. >> Well, this came right out with her. She's holding it. >> That guy, I can't accuse him of male abuse. That's what I'm going to do. And don't treat me like I'm a [ __ ] stranger here. I paid [ __ ] TAXES HERE. [ __ ] you and [ __ ] you some more. And these handcuffs should not be put on me cuz I didn't do anything wrong. >> The subject characterizes the deputy's conduct as abuse and harassment. Florida law does not support that characterization. Directing an impaired individual away from a vehicle they cannot legally operate is lawful law enforcement action, not harassment. Disagreement with a lawful directive does not make it unlawful. At this point, the original DUI charge has been supplemented by sustained non-compliance amounting to section 843.02 and a potential disorderly intoxication charge under section 856.011. Three charges now exist where one originally did. Under Graham versus Connor 1989 force must be objectively reasonable given the nature of the offense, the degree of resistance, and the immediate threat to officer safety. Here, a non-violent misdemeanor physical contact with a deputy and sustained non-compliance. Soft empty hand control is proportional. No weapons were deployed. The force applied falls at the low end of the use of force continuum. Officers confirm an open container of alcohol in the driver's seat area, an additional violation under section 316.1936. Deputy Moon and the responding deputies, B+. The subject, C, three points. 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.