Need your other hands as well. All right. >> What started as a traffic stop over dangerous lane drifting is now turning into a DUI arrest. The officer says she crossed lanes, hit curbs, and created a danger for other drivers. She denies drinking, refuses questions, and declines field sobriety testing. And now the officer has to make a decision based on what he personally observed. But was that enough? >> Hey, what's going on? Hello, how are you doing? Good, good. Are you okay? >> I'm okay. >> Are you sure? >> Yeah. >> Okay, well, the reason why I pulled you over because we got a call in about you and your driving patterns, how you've been You drove over a couple of curbs. Especially when you was going into the the public's parking lot. And as as I observed you driving, you had a hard time maintaining a single lane. And at one point we was at 200 and Blackrock, there was a black car that was behind you. Luckily enough, they was traveling a safe enough distance, but you went into their lane and then went back into the center lane. And you didn't put any blinkers on or anything like that. >> Don't recall that. >> Okay. Are you okay? Do you like have any any medical issues or anything like that going on right now? >> Just stopped to get my medicine. >> Okay. Okay. >> I was stopping to go get my medicine. >> I'm sorry, say it again? >> stopping to go get my medicine. >> You was stopping to get your medicine. Is there anybody else with you? >> My my grandchildren. >> Your grandchildren? >> Yeah. >> All right, roll down the back this window right here. Hey, how you doing? Have you taken your medicine earlier today? No, you haven't? Okay. All right. So, you don't to any medical issues or anything like that? No? Okay. All right. Well, >> I did take in um the guy that was behind me >> Say it again? >> The guy that was behind me was shoving up on top of me. >> Shoving up? >> Shoving up on top of me. >> Do you mean like following All right. Too close behind you? >> Yeah. >> Okay. >> And then I And then I just see anything. >> Okay. Do you notice that you're kind of going in and out your lanes? You don't notice that? Okay. So, it's not bad, but I mean it's enough to where like other cars in the in the other lanes will have to hit their brakes because you're basically you're going into other flow of traffic other lanes of traffic as you're going back over. So, like I said, it's not bad, but it's enough to where like it'll cause for concern, especially if you're running over curves and stuff like that. Uh with that being said, do I need to call like uh rescue or anything like that for you? Okay. All right. So, you're you're good to sit here then? You good? >> Yeah. I just I'm not having a problem. I'm just >> Okay. All right. All right. >> What does it look like? >> They're small, but she doesn't have any sunglasses. She doesn't have anything on her eyes too as well. >> Okay. >> So, she doesn't have any shades on or so naturally because of the sunlight. >> Um >> But I'm not getting anything off the breath or anything like that. Like I'm not >> She acting pretty normal? >> Yeah, I mean she's elderly. She's just talking to me like very vague, very like low, but I mean other than that like I'm not getting any indicators that she may be impaired, >> Okay. >> I mean, I mean, you may want to talk to her just to double check. >> I'm not getting anything, honestly. Um I think she's just she's not I mean, talking is not going to be a problem. >> Yeah, I'll talk to her. I'm going to go on this side. That's so I can get by your car. Hello, ma'am. Hello. >> Hi. >> How are you? You feeling okay? >> Yes. >> Okay. We were just wondering just because of the way you were driving, just wanted to make sure that you were good. Um is there any particular reason like why you had crossed over those lanes? >> I think the man that was doing that was swerving and doing all that stuff. And I don't know what he was doing, but he he he was doing that and then the um what do you call them? >> Another vehicle might have wanted to just go around about >> No. I wanted to get a pickup truck. I can't. >> Are you feeling okay today? >> I'm feeling all right. It's just that I can't um I can't I can't take and um making just um worry about words. >> Okay. >> So, I saw him um >> I'm not trying to be funny. Do you suffer from any kind of medical conditions or anything? >> Not that, but um the man that I saw yesterday took and saw um that he would he would take and um I guess I can't see something. >> Okay, have you taken any medications today? >> No. >> Nothing at all? Cuz I know you you said you just went and got a prescription, right? >> Yeah, but it's not so >> And that's it right there? >> This this is something It's um >> Hey, is there anyone that could come and drive for you? That we Do you you could call somebody come and get them to drive? Well, uh we had >> The man took him. >> Well, it's not it's not just that man. We like we got that call and then >> out and got the >> Right, and then the step deputy here like was following behind you and saw you leave your lane of travel and get into another lane. Like you may not have even realized it. Right? Is there someone that you could call to drive for you? No one else? No one at all? >> Well, >> I'm concerned about you getting into an accident. That's why I say that. So I'm concerned for your safety. Have you I'm just going to ask you have you consumed anything at all today? >> Oh my god, no. >> Any alcoholic beverages? Any narcotics? Any drugs at all? Nothing at all? >> I do not do anything. >> Okay. >> I do not. Just plain out do not do it. >> Okay. All right. Um I mean I I can't say I don't feel comfortable you driving. Is there anyone at all you could get to drive? >> There's no one. >> There's no one? How far away do you live? >> I live in in um No, I don't, son. I live in in um I live in New Lee. I have to pick up my my husband. This is my conversation. And you really need to stay out of it. >> Here, I'll tell you what. So that way we're not having them back there. This deputy here is going to stay here with your kids. They're going to stay right there. I'll make it >> Can you just follow me, please? >> No, ma'am. I'm going to have you hop out. We're going to talk back there, okay? I'm just going to have you go ahead and hop out. We're just going to talk back there so that way they're not like kind of talking back to us, okay? Ma'am. Okay. Okay, come on. Ma'am, I'm not going to sit here and play games with you. You need to come out of the car. I really can't hear you. >> I said, you are not going to play games with them. >> All right, I'm not playing games with them. You and I are talking. So ma'am, can you go ahead and get you hop out of the car, okay? You can leave your purse there. I need you to get out of the car, ma'am. I need you to get out of the car. Ma'am, leave that there. I need you to get out of the car. Ma'am, get out of the car. >> My husband is at >> Ma'am, I don't care who your husband is. I need you to get out of the car. >> needs to make the judge aware >> Ma'am, I need you to get out of the car. >> I'll bet your mommy is so proud of you. >> Children, get in the back. I'm getting They don't get in in the back. Yeah. In the back. It's in the back. >> Here, we're going to walk on that side of the vehicle so that way we're not in traffic. Okay, well, I wasn't planning on touching you, so we're going to walk on that side of the traffic so that way we're not getting hit by cars. >> I do not want to get them involved with the law. >> Ma'am, that's not your decision to make right now. We're walking over this way now. If you don't like me, then it is what it is, but we got to walk over there. >> This is a major turning point. The officer has moved from simply checking on her welfare to formally starting a DUI investigation. Notice that he explains the Miranda rights before continuing with questioning, then asks whether she understands and whether she wants to speak. She ultimately says no. The officer also gives her the opportunity to participate in field sobriety exercises, but the conversation quickly breaks down. At this stage, the key issue isn't simply whether she drank. It is whether the officer has enough observed evidence to justify the next step. Remember, the earlier observations included crossing lanes, riding toward lane markings, and reportedly driving onto the grass. Do you think those observations were enough to continue the investigation? >> All right. I just wanted to hop out of the car so that way you and I can speak, okay? Do you have anything on you at all? I don't see any pockets, so I just wanted to ask. Nothing at all? Okay. Can you uh tell me what you were doing today? >> I'm just getting my medicine. >> Um I am going to go ahead and make you aware that I am starting a DUI investigation, okay? >> A what? >> A DUI investigation. >> You have no idea what you're >> I'm going to read this to you. Doesn't mean you're in any trouble right now. I just have to read this to you before I ask you any questions, okay? You have the right to remain silent. Anything you say can be used against you in a court of law. >> Do you uh right to >> You have the right to talk to a lawyer and have him present with you while you're being questioned. If you cannot afford a lawyer, one will be appointed to represent you before any questioning if you wish. If you decide to Or you can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand? >> Whatever. >> Do you understand? >> Whatever. >> It's a yes or no. >> It's a whatever. >> So, do you understand what I just told you? >> Yes, it's a whatever. >> Do you understand? Okay, with those rights in mind, do you want to speak with me? >> No, I don't. >> You don't want to talk at all? >> No. >> Okay. Would you be willing to participate in field sobriety exercises? >> Field sobriety? >> Yes. >> Field sobriety? >> Okay, I do want to you to bear in mind if you refuse to answer questions and you refuse field sobriety exercises, I have to make my decision to whether or not to place you under arrest will solely off my observations. >> Whatever. >> With that in mind, do you still not want to participate in field sobriety exercises. Do you understand? >> Whatever. >> Okay. Well, if you're uh deciding that, then I am making the decision to place you under arrest for DUI. Uh I'm going to put you in the backseat of my patrol car now, okay? Ma'am, come on over here. Ma'am, come on over here. You're going to have to get your other leg farther in there or it's going to >> I am working on it. >> Okay. Well, I need you to work on it. All right, I'm going to put these up front so they're not super uncomfortable, all right? >> Whatever. >> Okay, give me your hands. I need your other hand as well. All right. All right, watch your leg. I'm going to close this door. Okay, how many times did she go off the road? >> I'd probably say at least about three to four times. >> And like, was she like going in the grass or like over the white line, like stripe line? >> she was in like the center line, but she kept like riding into the stripe stripe line and then >> And then whenever you got here, you said that she pulled off into the grass? >> Yeah, she went like through the grass and then like stopped like right here. >> Okay. Post Post Miranda, she was like, "Whatever. Whatever." Didn't want to do fields and answer questions, so I was like, "Hey, like if you don't answer questions, don't want to do fields, I got to make my decision based solely off of my observations." She's like, "Whatever." >> I mean, that's what I was saying, like when I saw I was like I had that uncomfortable feeling like, "I'm not comfortable with her driving." >> Yeah. No. I'm sorry. >> I told you that I don't drink. That man right there knows that I don't drink. >> Okay. We're going this way. >> Looking at the entire encounter, the officers initially approached this as a safety concern. They questioned her about medical issues, medication, alcohol, and whether someone else could drive. They also explained that their concern came from observed lane departures and reports of her crossing curbs and entering the grass. The investigation then escalated after she declined questioning and field sobriety exercises with the officer stating that he would rely on his observations. Importantly, this transcript ends during the arrest process, so it does not establish the final legal outcome. The bigger question is whether the officers balanced public safety, communication, and reasonable suspicion appropriately. What do you think? Was the arrest justified based on what we saw? 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