I'm not requesting you submit to a lawful test your breath the person to terminate alcohol content and you won't provide a sample. Yes or no? >> No. >> All right. So, obviously she's going to jail. Um on June 21st, 2025, a traffic stop in Deltona, Florida ended in a DUI arrest. The legal questions here go beyond what happened. They expose how DUI law actually works. >> There we go. He's entrapped us. >> Hello. >> Hi. >> Hi. How's it going? Um, it's very fine. I was driving this gentleman home. >> Okay. >> And you, um, were so close to my, um, rear end bumper. >> Mhm. >> Um, that I was trying to avoid you. >> Mhm. And that's why you were driving so erratically for multiple miles. >> No, not at all. >> No. >> No. >> Okay. Is that how you're wearing your seatelt this entire time? >> [groaning] >> I have double D breasts in which I just had a back surgery a couple of months ago, November 5th of last year, which I'm going through. Um >> Okay. >> Do you have your driver's license? >> Yes, of course. This is my car and I have my driver's license, of course. [snorts] Never been in a problem before in my life, so just so you know. >> Okay. Never had a ticket in my life, in fact, or an accident in my life. >> All right, give me one minute. Okay, I'll be right back. >> This kind of comes back into that second, please. We've tried to add hostile or angry person. >> All right. So, I'm going to ask you a question. Have you been drinking at all tonight? >> I did have um one or two. >> Okay. >> Cuz I wanted to go sing karaoke. >> Mhm. >> I had a back surgery November 5th. I bought a house >> with cash in Deltona. [snorts] Okay. >> And um I've been going to physical therapy. >> Okay. >> As well as a physical um I mean a therapist to talk about my depression and anxiety. >> Okay. >> But I am completely sober right now to drive home. I live about 2 miles away. >> Okay. Um, I've got a GPS, a Honda 201, which is in great shape, which I just had recently serviced. >> Gotcha. >> In which I just went out for a drink because I never go out anymore because I had a back surgery, >> hand surgery, and foot surgery. >> When did you have those surgeries? >> Within the last 2 years. >> Okay. Do you take medications for that? >> Yes. >> All right. So, I'm going to be real with you. This entire time you've been talking, your speech has been slow and slurred. Okay. Since I walked up, you've just been kind of all over the place. I like just all over. Okay. I I do have some concerns that you may be under the influence. Okay. So, what I'm going to ask you is this. Are you willing to do some field sobriety exercises so I can make sure you're safe to operate a motor vehicle? >> Well, I just want you to know that my foot is ready to get a implant. >> Okay. >> Which I cannot walk >> that's fine >> properly until that happens. >> I can absolutely >> as well as I've just had a back surgery on November 5th. >> I thought you said it was >> No, I said I fell down 15 steps landing on my head. I've got 98. >> Okay. Well, what I can do is I can offer you a few exercises that don't have anything to do with water. >> That's fine. But the point is this. I want you to know I've had three surgeries in the past 2 and 1/2 years. >> Okay. >> Um, that's fine. Whatever you need to do. >> Okay. Are you willing to do those field sobriety exercises? >> Sure. >> Just go and hop out for me. Okay. Can you believe this [ __ ] >> I know. >> You're You're a grown adult who can make your own choices. >> If you got somewhere to put your cigarette out. >> Do you want to take my cigarette, please? >> Or you can smoke it. That works, too. >> Nope. >> You can stay in the car. >> You can stay in the car. >> Yep. >> I was driving this gentleman home. >> Yep. Yeah, you mentioned that. >> Which I was trying to make a friend. >> Okay. >> Sure. I've been here 18 months and I bought my house with cash. >> Gotcha. Where'd you move from? >> Massachusetts. >> From Massachusetts. >> Correct. >> Can you walk over there to the front of my car? >> I just got new glasses today. No problem. >> So, you know, wait, no, there is a problem. >> What's the problem? The thing is is that I've got a um 350 um degree um what they told me was the eyeglass uh >> numbercription >> for prescription for my contacts. And I put these on because they said it would be fine, but it's still 10° less than perfect vision. >> Okay. >> I just spent I'm going to have you take the >> $750. >> Step over here. >> No. No. I've got to wear them cuz that's what I was wearing when I was driving. >> You can wear them to walk over here. Yeah, absolutely. >> And I have a foot that needs surgery. I understand. And I just had >> We're not going to do We're not going to do the normal field soiety exercises. >> Surgery. >> I see that. >> You see it? >> Yep. >> Um >> we're not going to do the normal field soiety exercises. >> I'm going through physical therapy right now from my back surgery. Please >> what? >> Just go ahead and step over here. >> Ma'am, I didn't do anything wrong. >> Okay, just walk over to my car. That's all I'm asking you to do. That's it. >> Of course. I love police officers. I have no Stay right here for me. I never thought. >> Just stand right in front of my car. Just Ma'am, just stand right in front of my bumper. Just sit. Take a seat right here. >> My >> Yep. All right. So, we talked about your surgeries and medical problems. We talked about your vision problems. Is there anything that you have that you didn't tell me about? >> Well, I just went out to try to have 1 hour of fun Friday night. Okay. >> Any other medical problems or vision problems? I just had um three surgeries in the past uh couple of years cuz I fell down a flight of steps. >> Okay. Anything you haven't told me about? Can you tell me about that already? I mean, I don't know what else might help in this situation except that I am trying to live a normal life and every day I wake up and I take care of others and try to take care of myself and I just went out on a whim to come out on a Friday night. Okay. >> I don't think I'm doing anything wrong. >> All right. So, what I'm going to have you do is Are you able to stand normally with these medical problems? >> Oh my god. >> I know you talked about walking. St. Is standing okay? >> Um, for limited minutes? Yes. >> Just go and take a step forward for me. >> Go ahead and put your feet together. He doesn't >> I'm wearing brand new boots. >> That's perfect. >> These are brand new boots from Skips. >> Okay, good. >> I have to work on work on them. >> Face turkey. Feet together just like my feet. Do that. >> Yes. All the way together till they're touching. >> Okay. Can I hold your arms here >> because my feet >> You were just doing it a second ago. >> Okay. Okay. Hold on. >> My feet and these boots, they're brand new boots and they cost me $260. >> Okay. I'm not >> And I just wore them the second time tonight. >> Okay. I'm not doing anything to your boots. All I'm asking you to do. There you go. Saying all the way. >> I'm going to physical therapy from my back. >> Hands down flat at your sides. >> Yeah. >> Okay. Okay, I'm going to have you take your glasses off if you want to put them on top of your head. >> I just got them today at Walmart. >> Okay. >> All right. Look. All right. Look at me. You see this little light? >> Yes. >> Okay. You can see this? >> Yes. >> All right. All I'm going to ask you to do is follow this with your eyes and your eyes only without moving your head. Do you understand that? >> Yes. >> Do you have any questions? >> No. Okay. You're turning your head. >> I don't know what you're asking me to do. Am I doing something? >> All I'm asking you to do is look at this little light and follow it with your eyes and your eyes only without moving your head. This big light is so I can see your eyes. You're looking at this little light. Do you understand that? >> Yes. >> Okay. Just look here. Follow with your eyes without moving your head. >> Just keep your eyes normal. You can blink. >> I just went and got Walmart glasses today. >> I understand. You can blink normally. You don't need to You don't need to hold your eyes open. >> Should I put on my glasses? >> Nope. You got to have your glasses off for this. I got contacts on. >> I know. I can see that. All right. >> I've been to down 15 steps. Do me a favor. >> Take a deep breath. >> No one cares. >> Take I need you to take a deep breath. >> Of course, >> cuz you're you're freaking out. Okay. >> Cuz I never been in trouble in my life. >> I need you to take a deep breath. All right. We're going to get through this. Okay. I just need you to pay attention and stop thinking about all these other things. All right. Just focus on what I'm asking you to do. >> 55. >> All right. So, you're saying you're not able to walk or stand normally usually because of your your leg issues, right? >> No, I can drive. It's just that I was only doing a short drive. I'm three or two miles from my house. >> I think three is probably closer to the truth. Probably that is the case, >> but this gentleman needed a ride home. He said he lived very close. >> The question was, >> are you able to are you able to stand and walk normally or you're not able to because those medical issues? >> I mean, I do have physical issues, >> right? That that that's what I'm asking. I'm just trying to I'm trying to confirm. >> No, I can drive. I can drive. >> That wasn't the question I asked you. I'm I'm asking you if you're able to stand normally and walk normally. Driving is not the point right now. Okay. >> I have a broken foot that needs a surgery in November. >> So, here's what I'm going to have you do. Go ahead and take a seat. >> Where? >> On the bumper. Just like you were before. >> I have a left foot problem and I'm wearing brand new booties. >> I'm I'm having you take a seat on the bumper. >> All right. >> Okay. >> You can put your glasses back on, by the way. >> Well, I just got them today and they're not perfect. >> Okay. All right. Next thing we're going to do is called finger to nose. >> Uh, I'm going to stand up. >> No, I'm going to have I'm going to have you stay just like you are. Okay. Cuz you're you're saying you have issues standing for long periods. I'm trying to I'm trying to give you as much accommodation as I can. Okay. Do you understand the instructions of the exercise? >> I got to put my finger to my >> Look look at my >> I got to put I got a hand surgery. >> Okay. Look at look at look at my hand. Look at my hand. Look put your hands down your sides. Relax. Pay attention to what I'm trying to explain here. >> Okay. >> Look at my hand. >> My right hand. >> Just Just look at my hand. >> Okay. You put your hand down. >> Okay. >> Okay. All right. >> I can use some Kleenex to wipe my tears. I'm sorry. >> If you want to wipe it with your sleeve or shirt, >> I can tell. >> Okay. Can you just show me your index fingers like this? >> I've always been like that my whole life. It's not like just tonight. You know what I'm saying? >> Okay. Can you show me your index fingers like this? down at your sides >> like this. Palms facing outwards. Do you have any questions about the exercise? >> No, I guess not. >> All right. Left. Remember to place your hand back down at your side without being reminded. Keep your head tilted back. Right. Eyes closed. Remember to place your hand back down at your side without being reminded. Right. Last thing we're going to do is the simplest thing I've asked you to do so far. Okay? Called modified Romberg balance. Sounds super complicated and super simple. Your eyes are going to be closed. What's going to happen is is I'm going to say start. You're going to estimate the passage of 30 seconds in your head. When you think 30 seconds has passed, you're going to tilt your head forward, open your eyes, and say, "Stop." >> Eyes closed all the way. >> Okay, go ahead and stop. How long was that? >> Several minutes. >> Okay. You remember when I asked you to estimate the passage of time and tell me when to stop at 30 seconds? >> You said 30 seconds and I was just going until you told me to stop because you're the authoritarian. >> Was that the instruction that you were given? >> Well, you're the authoritarian person here. >> The stop fourth amendment under Delaware versus Prow 1979. A stop requires reasonable articulable suspicion. Observed erratic driving over multiple miles clears that threshold without question. Under Pennsylvania vims 1977, ordering the driver out is automatically authorized. The initial stop and vehicle exit command were constitutionally sound. Extending the stop. Probable cause to investigate DI. Slur speech plus a voluntary admission of alcohol consumption. That's probable cause. Florida statute 316.193 defines DUI as impairment of normal faculties. Normal faculties includes judgment, balance, attention, and the ability to follow instructions. The officer's direct observation of speech impairment is itself admissible as DUI evidence. >> Just go ahead and put your hands behind your back for me. Okay. >> You are going to be placed under arrest for driving under the influence at this time. Put your sleeves up. I'm I'm doing it for you. >> No, I just I just said I'm going to But Sure. Anything I need to know about any narcotics, anything sharp, anything that's dangerous? >> Absolutely not. >> I live 2 miles away. Okay, we're going to go over to my car right over here. >> I was giving this down a ride because I was trying to make friends. >> Okay, go and lean up against here. I'm just going to check your pockets real quick. >> Okay, this uh test is not actually giving me a fair check. >> Let's take the boots off and do it again because I got brand new boots. >> Did I Did I ask you to walk or do anything like that? What I'm telling you is that these boots hurt my feet and I need a foot surgery. >> Okay. Your your boots make you unable to follow instructions and induce an estagmus in your eyes and all those things. >> Go ahead and take a seat. >> I just got new glasses today from Walmart and don't tell that. >> Visual acuity has nothing to do with >> $750. >> Take a seat. >> Sure. >> What I'm telling you is that I got new glasses. >> Mhm. >> In my eyes. >> Understood. And I put on these brand new boots because I wanted to feel good. >> Does he have a plan? >> No, I don't know. You know, I just I just did not I was not able to give that person a ride home. >> Okay. >> All right. I need you to I need you to listen up. Okay. >> And I'm not gay. >> I need you. >> I'm straight. >> Okay. I need you to listen up. Okay. >> I'm now requesting you submit to a lawful test of your breath for the purpose of determining its alcohol content. Are you willing to provide a breath sample? What? >> I am now requesting you submit to a lawful test of your breath for the purpose of determining its alcohol content. Are you willing to provide a breath sample? >> I'm not drunk. >> Okay. Are you willing to provide a breath sample? >> Actually, I probably should cuz I'm not drunk. >> Okay. So, are you going to provide a breath sample? Yes or no? Are you willing to provide a breath sample? Yes or no? >> I mean, I didn't drink that much. >> Ma'am, it's a very simple yes or no question. >> I mean, I don't know what the laws are, but I was only two and a half miles from my house. Can you explain or help me or is that not possible? >> I'm not requesting you submit to a lawful test your breath the person determining alcohol content and you will provide a sample. Yes or no? >> No. >> Hello. >> Yes, sir. >> All right. So, obviously she's going to jail. Um, out of curiosity, the plastic cup. Who's is that? the plastic cup in the center that had the brown liquid in it. >> This one? >> No, the plastic one. I think it's probably under her first now. But I'll just come over there cuz I don't know where it went. >> Did it get dumped? >> Yeah, got dumped. Okay. So, the plastic cup that was in the cup holder and is now on the floor in the back. Whose is that? >> I'm not sure about that. >> Was it yours? >> No. >> Okay. And I saw it was in her purse. I guess she probably tossed it back here, too. >> Yeah. The white claw. Is that yours or hers? The white claw that was in her purse that is now on the floor. Was that yours or was that hers? >> I'm not sure which one was that. No, >> the white claw. Okay. All right. You're good to go. If you want to grab your your property and you're good to leave. >> Okay. >> Okay. Ridiculous. She was barely able to put two coherent sentences together the entire time I was out with her. >> She had three surgeries. >> What? >> I heard >> I got that about 100 times. >> There was a clear plastic cup in the cup holder and now it's on the floor. >> Well, that's cuz he >> What's that? >> He used to pee. >> I'm sorry. >> He had a pee. He kept asking to get out like you got a cup or something. You can take a piss. >> No, he didn't. No, it got thrown back there and now there's [ __ ] liquor all over the place. >> All right, we'll bring her wallet over there. giving him a ride. >> So, this is empty camera. You see it? White call green apple. I think that might be alcohol mixed with [laughter] urine back here and I don't want to touch it anyway. >> Field sobriety tests modified battery. Nitsa protocol requires officers to document medical conditions before administering FSTs. The officer eliminated walk and turn and one leg stand due to disclosed physical limitations. legally prudent, but it removed two of three Nitsa validated tests from the evidentiary record. HGN horizontal gaze nestagmas was the only validated test administered under state v meor Florida 4th DCA 1996. HGN requires expert testimony. Six possible clues. Four or more indicates impairment. Results were not verbalized on camera. The modified Romberg test revealed a critical divided attention deficit. Asked to estimate 30 seconds, she stopped at 10 and called it several minutes. Poor time estimation is a documented indicator of CNS impairment under the Nitsa manual. The breath test refusal implied consent. Florida statute 316.1932. Every Florida driver consents to chemical testing. This is not a fifth amendment right. South Dakota v. Neville 1983 confirmed that she refused three times after the advisory was read in full. That is a statutory refusal. Consequence, an 18-month license suspension under Florida statute 322.2615. And critically, the refusal is admissible at trial as evidence of consciousness of guilt. State versus Busiglio, Florida, second DCA 2008 refusal implies the test would have failed. She said she probably should take it, then said no. That statement compounds the inference. Grades the officer grade B+ legally justified stop proper implied consent advisory appropriate FST modification arrest supported by observations admissions and test performance no force required deduction modified battery reduced the record HGN alone is challengeable at trial. The subject grade C. She had the right to remain silent beyond producing her license and registration. Instead, she voluntarily disclosed alcohol consumption, the core element of the DUI statute. She had the right to request an attorney before FSTS. She did not exercise it. The refusal removed any chance of an exculpatory result and created new evidence against her. Lessons learned. One, voluntary statements are admissible. Silence is not obstruction. Know the difference. Two, implied consent means refusal has legal consequences. It is never a neutral choice. Three, I only had one or two is not a defense. It is probable cause on the record. Four, disclose medical conditions before FSTs begin, not during to preserve legal challenges. Five officers who modify FSTs for medical reasons are following protocol not doing favors. Let us know what interactions or legal topics you would like us to cover in the comments below. Thank you for watching. Check out street body cam for more police interaction and courtroom content.