the drinking age and just leaving a bar on the Jersey Shore. What followed was a traffic stop [music] that spun completely out of control. Four field sobriety tests, a passenger who did everything she could to stop the arrest, and in the end, a flat refusal to take the breath test. >> I just haven't cleaned my car. Don't judge me. >> Okay. Where are you guys coming from today? >> Donovan. >> Donovan's? >> Yeah. >> Have you had anything to drink today? Any illegal drugs? Any >> just alcohol? I had two [music] drinks. >> Two drinks. >> No, I want to witness it. I'm so sorry, but I'm hearing what you're saying and I need to witness >> Karina. Karina, >> I don't want you to either. I just want to see what's going on to get into >> May 21st, 2023. A Highlands, New Jersey patrol officer had parked at the base of the bridge that carries [music] Route 36 over the water. From there, he watched the northbound traffic roll past. Then, an older Dodge Caliber caught his eye. According to his report, both passenger side tires drifted right over the dotted line out of the travel lane into the turn lane. This [music] is the body cam it was just after 6:00 in the evening. >> Hey, how are you? >> Hi, how are you? >> You have driver's license, registration, proof insurance with you. I'm sorry. >> Both of us. >> Oh, yeah. If you got yours, sure. >> I'm sorry. >> I I >> Thank you. >> I'm sorry. Like, I don't get pulled over. I don't know where my >> registration >> insurance registration license. You're holding a ticket in your hand. Yes. >> Is that yours? >> Yeah. I just I just haven't cleaned my car. Don't you guys. >> Okay. >> Where are you guys coming from today? >> Donovan. >> Donovan's. >> Yeah. >> All right. >> He asked how much she'd had to drink. Two drinks, she told him. The passenger jumped in, insisting there was nothing to drink at all. And according to the report, the passenger was getting irritated. >> How much does you have to drink today? >> I I have nothing. I'm clearly >> I can show you. >> You're the passenger in the vehicle, so I'm not too concerned. I'm concerned with >> Yeah. >> Have you had anything to drink today? Any illegal drugs? Any just alcohol? >> To be honest, I had two drinks. >> Two drinks. Okay. How's your license? >> What? has your license. Are you suspended? Anything like that? >> Oh, no. >> No. All right. Do me a favor. Turn the key off and just throw the keys up on the dashboard for me. All right. I'm going to go double pick your license and I'll be right back with you. >> And on the driver's wrist, a white wristband with red stars. The officer recognized it instantly. The kind handed out at a local bar called Donovan's Reef. >> That is the reason why I'm stopping you guys in the first place is when you were coming over the bridge, I noticed that you guys were failing to maintain your lane. Um, I saw you guys laughing and joking. So, but as I continue to follow you guys down the >> hot listen, >> we'll cross that bridge when we get there. >> The other issue The other issue is >> you handed me a driver's license that says you're not 21 until next year. >> I'm 24 years old. So, >> no, you're the driver did. >> No, I am 24. You >> So, right now, I'm asking you to step out of the vehicle so we can talk on the side of the road. Step out of the vehicle. Yes, I believe >> the officer asked the driver to shut the car off and put the keys on the dashboard, but before she could, the passenger reached across her, yanked the keys out of the ignition. >> You're intoxicated. >> Listen, I mean, I mean, it's just >> All right. All we're going to do is we're going to step on the side of the road. We're gonna have a chat and we're gonna go from there. All right. >> How long ago did you guys leave Donald? >> 30 minutes ago. >> 30 minutes ago. How much did you really have to drink? >> Yeah. She really got me. >> Really got you. All right. >> They got me. So near Miller Street, the report says the same two tires crossed the line a second time. The car was swerving inside its own lane. Then near Lynen Avenue, it closed [music] to less than a single car length off the bumper in front of it. Crossing lines, swerving, following too close. Do you have any issues with your legs? Do you have any medical conditions that affect your balance? Any injuries? Any back injuries? >> Not I hope not. >> It's yes or no. Have you been injured? >> I don't know. I've been taking medications. Okay. >> I've been like blood work, but I don't think there's anything my legs like my joint. >> Okay. >> That's perfectly fine. >> Okay. >> So, what I want you to do, just stand where you are with your feet together and your hands at your side. All right. The first test we're going to do is called the onelegged stand. All right. So, >> one leg stand. >> Yeah. So, I'm going to explain and demonstrate the test and then I'm going to have you do it. So, for now, just stay standing the way you are. When I instruct you to, you're going to lift your a leg of your choosing approximately 6 in off of the ground. All right? You're going to count out loud in a 1,000th manner until I tell you to stop. I'm I'm going to explain it to you. All right? So, when I instruct you to begin, you're going to lift your leg and you're going to you're going to stare at your toe and you're going to count out loud. 1 1 2 100 3 100 so on and so forth until I tell you to stop. All right. Should you put your foot down at any point during the test? Just lift it back up. >> No, I just stand here and do that. >> And you continue where you left off. >> Correct. Do you understand? >> Cool. When does it start? >> I'm like, let's take it. I want the >> Do you understand the test? >> I get it. >> All right. You may be getting one ready. >> 6 minutes. Is that like six? >> Oh my god. Maybe >> you want me to explain to you. >> You know what? I remember gym class like to look at once. >> Okay. >> Okay. >> What's your name? >> Karina. >> Karina. Karina. Karina. >> Yeah. Wait. >> I want you I want you to pay attention very closely to what he's telling you to do. Okay. And I want you I want you to do only that. So I want you I want you to look. Okay. So, this is what he said, right? >> So, you're going to stand here with your feet together like this, toes pointed forward. You see where my You see how my hands are? You see how they're down by my side? I want you to keep your hands at your side, touching touching the thighs of your legs, right? Then, you're going to extend your foot. You're going to extend your foot straight out in front of you, keeping your foot parallel to the ground. >> Great explainer. I'm sorry. >> Okay, that's okay. So, I want you just I just want you to watch what I'm doing. Okay? I don't want you to do it yet. All right? You're going to stand with your foot parallel to the ground. Ma'am, just stay in the car. Okay. >> I'm looking for my license. >> That's okay. That's okay. >> I have it. >> Ma'am, just stay in your car. >> You hand You handed it to me. >> Thank you so much. Can I have that by any chance? >> Sure, you could. >> I'm sorry. I already done. >> Yeah. This I don't want you to do it yet. >> I don't want you to do it yet. Okay. I don't don't start yet. So, just put your foot down at your side. Okay. You're going to stand like this. You're going to have your hands down to the side like this. You're going to extend your leg in front of you. Don't do it yet. Don't listen to me. All right. You're going to send your leg in front of you. You're going to keep your foot parallel to the ground. You're going to keep your eye on your foot. As you're doing this, you're going to count out loud by 1,00. So, 1,00 1, 1,002, 1,003, so on and so forth until I tell you to stop. >> That's awesome. >> If Wait, wait. Not yet. Not yet. All right. All right. So, if at any time you drop your foot, so if let's say 1001 10002, 1003, if you drop your foot, you're going to take it back. >> The driver found her license and insurance, but couldn't locate the registration. And the officer started noticing the signs. Bloodshot, watery eyes, slurred speech, an excessive amount of giggling, [music] the smell of alcohol coming out of the car. >> Doing this, you're going to count out loud by 1,00. So 1,00 1, 1,002, 1,003, so on and so forth until I tell you to stop. >> That's awesome. >> If Wait, wait. It's not yet. Not yet. All right. So if at any time you drop your foot, so if let's say 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 1 10 100 10 100 1000 2 100 3 If you drop your foot, you're going to pick it back up and start from where you left off. So for example, 1 1000 >> number do I have to get to? >> Wait, wait, listen to me. So 1 1,00 2 100 3 100 drop it. Pick it back up. 4 1 5 100 6 100 and you're going to keep going until we tell you to stop. >> Oh, okay. >> All right. >> 1 1,00 2 1 That's right, though. I got to make sure I pass this. >> Do you have any You have any other questions, though? >> 1 2 1 Like that, right? >> Yep. Like that. But you're going to keep your arms down at your side, touching your side. Extend it out in front of you, but parallel to the ground. >> I'm sorry. I don't. So, let's start with Can I just stand up? >> No. Stay in the car. >> We're on the side of the highway. >> Needed this. Can I just stand right there? I bet I swear I can stand on the grass. >> Ma'am, I need you to come to the back of the car. Ma'am, I need you to stay in the car. >> We are on a highway. >> No, I need you to stay in the car. We're on a highway. Okay, miss. >> Come on. >> Sorry. Do you have any questions about that test? >> All right. Remember, arms at your side, down your side, foot extendedly in front of you, but parallel to the ground when I tell you to begin. Okay. >> All right. >> I'm ready. >> Okay. You may begin. 10,000 7,000 9 8 9 10 11 we have 11 17,000 I don't know 14,000 or 156 All right. Alvat is going to conduct another test with you. Okay. >> All right. >> Okay. >> Stay standing where you were. Right there is fine. All right. For the next test, what I want you to do, place your left foot out in front of you. Place your right foot touching heel to toe in front of your left foot. >> So, he laid out the field sobriety tests. First, the one leg stand. Feet together, hands at her sides. lift one foot and hold it. According to the report, she swayed side to side. At one point, she lost her balance and put her foot down and she kept her raised leg bent at the knee the whole time. >> Yep. You're going to use that as a guide. You're going to walk directly on that line. Okay? So, you have your left foot on that line. Right in front of the ABC. >> We're not there yet. You need to just listen. You just need to listen right now. >> I want you to focus on this. Nothing else. So, I want you to focus on what I'm telling you. Keep your arms down at your side. Okay? >> Stay in this position until I tell you to start. >> Okay? From here, you're going to take a series of nine steps, heel to toe. >> That way, like one, two, >> finish nine steps, heel to toe. Counting out loud, looking down at your feet while you're taking these steps. You cannot let me. >> Keeping your hands down at your side. At the end of your ninth step, you're going to take a series of small steps turning around and you're going to take another nine steps back to where you begin counting out loud. >> So, it'll look like this, right? So, >> well, I didn't know I had to count out loud. I'm sorry. >> Three. I took three. You're going to take nine. >> I know. >> That's why that's why we want to make sure you understand. Just let me finish. Right. We're going to take series of small steps turning around >> and again 1 2 3. So it should look just like that. Do you have any questions? >> Yep. Your feet like that. Your arms to your side. Miss, just stay in the car. I just want to put this in the car. Okay. No, you have to stay in the car. No, I want to >> I'm so sorry, but I'm hearing what you're saying and I need to witness. Karina, >> if you want to arrest me want to arrest me, >> I do not want you to either. I just want to see what's going on. >> Karina, can I >> stay over here? Do not move. >> What are you doing? I'm sorry. Oh my god. I'm sorry. stand and I'll goggle until you tell you. I'll be right there, Liz. It is too late, but then I will come back and talk to you. I promise. >> I'm sorry. I'm sorry. >> Do you have any questions about what we talked about? >> Like that? >> We're not. Okay. I'm going to explain and demonstrate this test one more time. >> No. No. No. >> No. I'm going. >> You're not. I'm not that stupid. I >> No. Stop. Stop. This is my job. All right. >> I'm going to do it to the best of my ability. >> Do me a favor. Just stand there and watch me. All right. So, you're going to be in the starting position. You're going to have your left foot on the line, right foot in front, touching heel to toe. >> But am I saying 1 1000? >> No. No. I'm I'm I'm going to explain it to you. >> But I No, no. I remember that. >> I know. I know. Just >> when I tell you to start, you're going to take nine steps forward. Upon completion of your ninth step, you're going to turn around >> and you're going to take you're going to take nine steps going back. >> Say one, two. You want me to say it? During each step, I want you to touch heel to toe and count out loud. Okay? I'm going to demonstrate it again. I'm going to do three steps just for time sake. And you're going to do nine. >> All right? So, one, two, three. You're going to turn around. >> You go one, two, three. Just remember to count each step aloud. Okay. >> Do you understand those instructions? That way I'm >> correct. She's making uh phone calls. She's been harassed through an app and other apps. No phone calls. >> 10. >> Okay. >> Karina, what's your highest level of education? >> I'm a sophomore in college. >> Okay. Next, the walk and turn. He put her in the starting position and told her to hold it, but she kept stepping out of it while he was still explaining. She started walking before he told her to begin. He explained it a second time, and when she finally walked, she didn't touch heel to toe. She just walked it like a normal stroll. >> That you know the English alphabet from A to Z. Correct. >> Do you know Do you know the alphabet? >> Yeah. >> All right. This is >> Do me a favor. Stand once again, feet together, hands at your side. >> All right. I don't know. I don't know. >> Oh my god. Okay. Okay. >> What you're going to do is recite the English alphabet from A through Z. All right. All I want you to do is not sing the common ABC song. >> A B. >> Do you understand those instructions >> like that? >> Yeah. So, you're going to just say the alphabet from start to finish. >> All right. >> I'm ready. >> Do you understand? >> All right. You can begin when ready. A B C E S I J L Q R S T U V W X I kind of did it in it like >> All righty. Got one more test for you to do. All right. Then the alphabet. He asked her education level a sophomore in college, she said. As she recited, her speech was still slurred, the odor still there. So, just stand with your feet together, hands at your side once again. All right. So, this is a this is a hand test. All right. So, just watch me for a second. I want you to touch each finger to your thumb. And as you do that, I want you to count out loud. 1 2 3 4. Okay? Okay. So, it's going to go 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 until I tell you to stop. >> Oh, okay. >> Okay. Do you understand? >> I'm ready. >> All right. You can begin. >> 1 2 3 4 4 3 2 1 2 3 4 4 3 2 1 2 3 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 4 How many times you stop? >> Maybe I'm slow. 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 3 2 1 1 2 3 4 4 3 2 1 32 4 3 2 1 >> All right, you can stop. >> I can't. I'm sorry. That's kind of stressing me out hearing that. Okay. >> No. There you go. >> Uh, no. Um, so at this point, >> I'm sorry. I'm sorry about that. >> That's all right. At this point, I'm just going to ask you to put your jacket on your shoulder so it doesn't fall off. >> Sorry. >> And then face away from me and put your hands behind your back. >> Why? >> Cuz you're under arrest. You're driving while intoxicated. All right, turn around. Push. Turn around. Put your hands back. >> Do you have anything in your car that you're going to need? Cell phone, wallet, >> anything. >> All right, we'll grab some stuff for you. >> I'm not okay with at all. >> Okay. Do you have a cell phone in here that you need? >> So, what exactly are you guys doing? Like, >> you're being placed under arrest for driving while intoxicated. Okay. Do you have a cell phone in here or anything that you need? >> Mhm. Okay. I'm sorry. >> Okay. We'll grab it for you. Grab yourself. >> Last a finger count test. She sped up as she touched each finger to her thumb and her counting didn't match her fingers. The officer had seen enough. Based on everything in front of him, he placed the driver under arrest, driving while intoxicated, handcuffed, double locked, and walked to the patrol car. >> What's that? >> The alest the officer here has a >> the state the officer has something to read to you in a few minutes. Okay. >> Okay. I'm sorry. I'm sorry. >> They start. >> No, not yet. All right, Karina. Just >> do me a favor. >> Thank you, officer. >> Sign right into this first line. >> Avatore. >> You ready? >> Good seeing you. >> Bye. Bye, officer. >> Can you like hold it down? >> Yeah, sure. Certainly. >> Sorry. >> And that's for me. You have a much better signature than I do. I tell you that much. Your signature is much nicer than mine. >> I write in person, New Jersey. >> All right. So, the Karina, I need you to pay attention to me very carefully cuz this is probably >> the most important piece of paperwork I'm going to read to you. >> Okay. >> All right. You have been arrested for driving while intoxic I know. >> You have been arrested for driving while intoxicated. Falls under the statute 39450. All right. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples including the test results will be made. Upon your request, a copy of that record will be made available to you. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. If you refuse to provide samples of your breath, you will be issued a separate summon for the refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. >> Wait, what's the third one? >> I'll explain in a minute. >> These penalties may be in addition the penalties imposed by the court for any other offense of which you are found guilty. You have no legal right to have an attorney, physician, or anyone else. I have a legal right >> or anyone else present for the purpose of taking the breath sample. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you provide breath samples will be treated as a refusal to submit to breath testing. Even if you agree to take the test, but then do not follow my instructions, do not properly perform the test, or do not provide sufficient breath samples, I will charge you with the refusal to submit to breath testing. I repeat, the law requires you The law requires you to submit samples of your breath for testing. Will you submit samples of your breath? >> I have to. It just said I >> It's a yes or no. >> Yes or no, >> dude. >> It's a yes or no. >> Why is that? >> Just say yes or no. >> Um, wait a second. He drove her to a neighboring department that could. On the way, the report says the smell of alcohol filled the whole car at the other station. They walked her into processing. >> Can I ask a question? >> No. Right now, it's yes or no answer. >> No. >> Okay. >> Your answer is not acceptable. The law requires that you >> Oh my god. IT WAS A TRICK QUESTION. >> THE paperwork you >> That's a [ __ ] question. I [ __ ] >> Let him go. Let him go. Your answer is not acceptable. The law requires that you submit samples of your breath for breath testing. If you do not answer or answer with anything other than yes, I will charge you with the refusal. Now I ask you again, will you submit to breath testing? >> Y um sure I'll do it. >> I will not do this. >> 739 cash. No, just no. >> No, it's Nope. It's a no. >> I'm going to stick to my [ __ ] I don't know. >> Awesome. >> Sorry to bother you guys. >> Not bother. >> That's what bed works for. >> Yep. Well, at least like now I don't know. >> Refusal. >> Yes, sir. >> Awesome. >> Refusal. >> Hello, other officer. [snorts] >> Yeah, I think it's in my car. Um, they're back in two seconds. Yeah. All right. Thank you. >> Oh god. >> Get your own cell. >> That's even worse. I Well, can you put down his me here? certain how >> she >> I think a restraining order violation. >> Oh, okay. Is she the only one? >> Yeah, it's just us. >> She better [ __ ] Oh, >> it's um >> she better. >> But the defendant was never served. >> Oh, okay. >> So, >> well, >> so what does that mean? You guys need a back in the meantime. >> What? >> Let us know. >> Um, what does that mean? >> What? >> What you just said? The cops thing? >> It's cop stuff, man. >> Okay. Well, you said she's on a restraining order thing. Does that mean it's a crazy guy? Like, shouldn't you guys be there? >> Nope. >> Like, what? >> Nope. >> More than likely, she's just talking to somebody. Just like someone. >> Yeah, >> I guess she's strong. What's her name? >> Patrolwoman Curly. >> Patrol Woman Curly. Oh my god. [laughter] >> How was range on Tuesday competition? >> Guys, I'm really good at shooting. >> All right, do that. >> Like really good. First her Miranda rights which she declined in writing to wave. Then came the part that added a whole second charge. In New Jersey when you drive, you've already agreed to give a breath sample if you're arrested for Dwey. Say no. And that refusal is its own offense with its own penalties. to separate from the Dwey itself. >> They're no longer pursuing. It was a red motorcycle that was southbound on Ocean. >> Hey, what's going on? >> Yeah. I'm here for Karina. >> Okay. Can you give us like five minutes and then I'll bring >> Can I come inside? >> No. >> I just need to make sure she's okay. >> She's fine. >> Your mom's gonna have to wait in about five minutes. I'm gonna bring a form out. >> Okay. Wait here. Right. 5 minutes. 7:48. Great. >> You're going to have to You're going have to wait. >> The breath machine recorded it plainly. Subject refused. No reading, no number, just a refusal. She was taken back to the first department to finish processing. and she walked out with five summones, every one of them with the same court date, driving while intoxicated, refusal to submit to the breath test, reckless driving, failure to stay in her lane, and following too closely. She wasn't held she was released, but not to herself. A sober party had to come to the station, review a liability warning, sign for her, and take her home. Those were the five charges filed that night. What happened afterward in court is a matter of record, but the record of that evening is clear. a 20-year-old, a [music] night that started at a bar, and a stop that ended in handcuffs and a refusal. An arrest is an accusation, not a verdict. So, here's the question. If the passenger had just stayed quiet, would any of it have gone differently? 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