in this whole scenario a police officer is involved in an investigation concerning a lady who has been involved in rash driving the officer initiates a conversation with the lady mentioning that there have been reports of her backing her car into a tree the officer points out that the tree is clearly visible implying that the accident is evident seeking to gather more information the officer asked the lady directly if she indeed backed into the tree however the lady denies the accusation and insists that she was simply trying to go home suggesting that the accident did not occur as reported they said you backed into a tree ah I mean you're looking at it so no I'm trying to tell me the damage on your car right there didn't come from this tree right here I got damaged on the front too [Music] in an effort to assess the damage to the lady's car the officer asked her to describe the specific damage indicating a particular area the lady responds by stating that the damage present on her car did not result from the collision with the tree in question implying that it originated from a separate incident to verify the lady's identity the police officer politely request her to provide her identification to which she complies and apologizes for any inconvenience caused Florida do you have your ID with you man oh yeah sorry it's okay oh thank you yes ma'am area all right all right it's hard to see that's okay the officer acknowledges the apology reassures the lady and proceeds to examine the identification document provided to confirm her identity and potentially gather relevant information in the course of the interaction the officer briefly mentions that there are concerns about the lady potentially being under the influence of intoxicating substances they're just saying there are some concerns that you might be under the influence of an intoxicating substance have you had any alcohol today after being asked by the police if she has had any alcohol that day she confirms that she has in fact had alcohol earlier in the day the officer was interested in finding out additional information so he asked the lady how much she had to drink earlier in response she mentions that she had around two alcoholic beverages the officer then inquires as to the time at which she drank the beverages to which she responds um about eight after obtaining this information the officer asked the lady to wait close to her vehicle as he continues his investigation Vince have you had any alcohol today I have okay she had to drink earlier um probably um drinks two drinks okay about what time uh what time is it right now it's 10 o'clock um two two p.m no two drinks about what time um [Music] okay um give me just a second do you mind staying with the 70 right here I'm just gonna go talk to them real quick and see if we can get you out of here yeah continuing with the investigation the police officer approaches the lady who reported the incident they exchanged greetings the lady confirms that she witnessed the lady being investigated hitting the tree according to her account she was outside smoking cigarettes when she noticed the lady sitting in a parking spot for a few minutes at one point the lady turned her head momentarily and when she looked back she saw the Collision occur then the officer also mentions that there was debris on the back of the lady's car despite her denial of hitting anything you saw her hit that tree yeah you're smoking a cigarette and she was in the parking spot she's been sitting here a few minutes and I turned my head like this and back over and it went yeah she got debris on the back of her car saying she didn't hit anything um the officer seeks further clarification asking the lady if she can positively confirm that the lady being investigated was the one behind the wheel of the vehicle during the incident the lady affirms this stating that she saw her driving the car the officer acknowledges this information and continues the conversation considering the evidence at hand and the possibility of arresting the lady for driving Under the Influence DUI the officer asked the witness if she would be willing to appear in court and testify as to the identity of the driver the witness willingly agrees expressing her Readiness to support the case by stating that she would come to court and identify the lady as the driver if needed so you could say that absolutely she was behind the wheel that vehicle she yeah she was okay so far I even asked her to move it forward into a parking spot she moved it like three feet so if I arrest her for DUI would you be willing to come to court and identify her as a driver then the police officer again approaches the lady who was involved in the collision with the tree the officer informs her that there is a witness who claims she hit the tree while driving the vehicle before allowing her to leave the officer explains that they need to ensure she is fit to drive they propose conducting some field sobriety exercises to assess her condition the lady agrees to participate I've got a witness saying he did hit that tree you were driving the vehicle um this tree right here yes ma'am there's a chunk of the tree still under bumper okay so before I can let you leave I have to check and make sure you're good to drive okay is that fair we'll do some center field sobriety exercises and get you out of here yeah that's fine the officer Begins by checking her eyes holding a flashlight above her and asking her to follow its movements without moving her head moving on to the next exercise called the one leg stand the officer asked her to place her phone on the car's hood for convenience the officer inquires if the ground feels level and although the lady mentions her uncertainty about it she agrees that it is fine for the exercise however the officer notices that the lady is having difficulty following instructions accurately due to her inability the officers suggests moving on to another exercise called the finger to nose and in this exercise the officer encounters difficulties as the lady struggles to maintain her feet together throughout the exercise realizing the lady's challenges in performing these exercises the officer expresses that if she cannot pass them they cannot allow her to leave the lady expresses her frustration unable to complete the exercises and questions if there is any alternative okay so the first exercise we're going to do I'm just going to check your eyes I'm going to hold the flashlight above you and I'm gonna lift your eyes what I need you to do now is put your feet together Hands by your side like such okay there we go perfect and just hold that position for me okay foreign next exercise we'll do is called the one leg stand I feel like this you're not gonna fall over um I don't feel like this is level ground but okay where do you where would you feel more comfortable I don't know this is fine though okay so what I'm gonna have you do right now is put your feet together Hands by your side again all the way together for your feet there we go hold that position okay when I tell you to begin this exercise what I'm going to have you do is pick a knee of your choice or a leg of your choice to whichever one you're more comfortable with when you pick it up and you hold it it's gonna be about six inches off the ground or about the size of a Coke can yeah let's go back to starting position for me it's your feet together then the officer starts reading the formalities and finally when the officer asks if she will answer the questions she denied it and the officer detained her due to driving Under the Influence DUI I'm gonna read these are called your Miranda Rights okay you're not under arrest I do have to read you these before I ask any questions okay you understand okay you have the right to remain silent do you understand that yes anything you say can and will be used against you in a court of law do you understand that yes uh you have the right to talk to your lawyer and have a lawyer present with you while you're being questioned do you understand that yeah you cannot afford to hire a lawyer one will be appointed to represent you before questioning you to understand that yes if you decide to answer questions now without a lawyer present you still have the right to stop answering anytime and speak with the lawyer you understand that and you may use any of these rights at any time during the interview do you understand your rights as I read them to you with your rights in mind would you like to speak to me and answer questions