Just, just, just comply. >> Is there >> Hey, wait, wait, just, just, just, just comply. >> Can you please tell me what I failed, sir? >> It'll, it'll be in the report. You failed, you failed every test I gave you. >> At about a quarter to 11:00 on a Saturday night in September, a Belmar police officer heard something. Not a call, not a radio dispatch, a sound. What sounded like a crash somewhere off Belmar Boulevard near Route 35. He went looking for it. And what he found a short distance away was a gray Ford pickup still moving with the front end caved in. It had already hit something. Nobody had called it in yet. >> I don't think so. I think what happened was I went right, I went left, and then I went right because he was coming into me. >> And you just drove, you drove in here? Were you calling us or >> No, I came right in. >> Okay. >> I knew that I was in trouble or my car was. >> Yeah. >> Yeah. So. >> What'd you hit? >> I'm sorry? >> What'd you hit? >> Something over there on the, uh, coming into >> Like coming down this way? >> Over there. Officer. >> Here, I'll go take a look over there. But it was, but you were heading this way or this way? >> I was trying to get on Route 138, sir. >> Okay. >> That's all I was trying to >> He followed it and stopped it in the parking lot of a Shell station on Route 35 right on the Belmar and Wall Township line. The driver was a woman on her way home from a wedding. The truck's front end told the officer most of what he needed to know before anyone said a word. Heavy damage, fresh, and a driver who had kept going. She told the officers where she'd been, a wedding at a venue nearby. How much had she had? The answer is on the footage in her own voice, and it is the same answer officers hear on almost every one of these stops. A couple of drinks. By this point, a second officer was on scene, and they started the tests. >> You drank earlier? >> Of course, uh the wedding. I'm admitting that, of course. >> Okay. Um how many beverages did you have? >> I had two drinks earlier when the wedding started, probably between um I don't know, like 5:00 and 7:00, 5:00 and 7:30. >> Okay. >> Mhm. >> And you had nothing after that? >> No, I did not. >> Okay. >> Not to my knowledge. If If you're going to test me on that >> We're we're going to I'm going to test you. I'll tell you right now. Okay. >> And then if if you pass, then you're good call an Uber, go home. It's an accident investigation. >> I'm so sorry now. >> It's all right. It's all right. >> It's my mother's car she lent. I'm just trying to get back. >> I know. Just take a breath. >> Everyone's going out to a party and they're drunk going to Belmar, and I'm >> I understand. Just take a breath. All right. Well, I'm going to put you through some tests. >> Sure. >> Compose yourself. It's If you're good If you're sober, you're good. You'll be on your way. All right? >> thank you, sir. >> We're just going to move over here where it's nice and level cuz the hills here are a little tough sometimes. All right? So, we're going to take a walk over here. >> Okay. >> Do you have any medical injuries that will affect your balance or walking or anything like that? >> Um I do have some foot issues and knee issues, but no. >> Okay. You understand the English language perfectly fine? You I have to ask you. Do you have to understand the English language fine? >> Yes, sir. >> Okay. Are you comfortable with the shoes you're wearing? Or would you like to try barefoot? >> They're fine to me. >> You're good for balance? >> Yeah, I'm just really upset now. >> It's okay. Take a deep breath. It's If you're fine, you'll be good. >> upset. >> It's >> okay. Good breath. I'm going to walk you through it. I'm going to explain the instructions to you. >> Yes, sir. >> I just want you to focus and we'll go from there. One step at a time. All right? >> Yes, sir. >> Safe spot. Got The white silver pickup on 138. It's going to have front driver and passenger damage. >> Make it sound normal. >> I'm certain if this is the involved they're saying they were not in an accident. >> Received. I'm going to have somebody swing over. >> Three of them. The horizontal gaze nystagmus test, the one where an officer moves a finger across your field of vision and watches your eyes for the involuntary jerk that alcohol produces. The walk and turn. The one leg stand. These are not trick tests. They are standardized. They are scored and they are recorded. She did all three. >> Are there places that they were allowing the wedding to >> All right, ready? >> Yes, sir. >> All right. I'm going to explain everything to you nice and calm, all right? >> I'm going to check out that vehicle on 138. >> So, what are you going to do? >> I'm going to read you the standard field sobriety test. Okay. First thing I want you to do, first test we're going to do is going to be the one legged stand. All right? Take your right foot. Place it touching your left foot just like this. >> Okay. >> All >> Um It's okay that I'm old and I don't have good balance. >> okay. So, go heel to toe. >> Because you must understand >> I will be able to tell. I promise. All right, so you take your right foot, heel to toe. Right in front of your left touching. All right, make it nice and straight. >> Right foot in front of the foot. >> Yep. >> Yes, sir. >> You're are to keep your arms down at your side. >> Well, I Okay. >> Okay? >> Yes, sir. >> Arms down at your side. All right? Oh, sorry. Sorry. Excuse me. But we're going We're going to go side by side right now. >> Okay. You just >> Right now. Right now. That was my mistake. All right? Side by side. >> And and can we go on >> If you want to be up here, it's fine. You more comfortable? >> That's not flat and I have knee issues and I feel >> Okay. So, go. Feet together. Hands at your side. All right? >> Oh my gosh. Yes, sir. >> And when I say begin, you do not start right now. I'm going to demonstrate. You're going to lift your foot of your choosing about 6 in off the ground. Point your toe forward. Count 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, and you're going to continue until I tell you to stop. Okay? The entire time keep your hands at your side. Count out loud. Point the toe forward approximately 6 in off the ground. >> Okay. >> Okay? So, you're going to raise one leg. When I say begin, you may begin. Okay? You may begin. If you have any If you have any questions, you can ask me now. >> I I lift the foot of my choice >> Foot of your choosing. >> And I'm putting it in front of me. >> Yep. You're going to hold it in the air and you're going to count 1 1,000, 2 1,000, 3 1,000, and you're just going to count. Continue counting until I tell you to stop. If If you do have to put your foot down and you lose your balance, touch it down, pick it back up, and continue off where you left off. All right? >> Okay, sir. I'm I'm just trying to get this right cuz I'm really upset right now. >> I got you. >> Ready? >> Yep. >> 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000, 7 1,000, 8 1,000, 9 1,000, 10 1,000, 12 Oh, sorry. I keep >> Keep going. Keep going. It's all right. >> Can I start over? >> Nope. You got to pick up where you left off. >> Okay. I'm just a little nervous. >> Oh, it's just >> Yeah, continue counting. Continue counting. Arms at your side. >> I'm sorry. >> You got to count out loud. >> I have to count out loud. >> Yep, you count out loud. >> 1 1,000 2 1,000 3 1,000 4 1,000 5 1,000 6 1,000 7 1,000 8 1,000 9 1,000 10 1,000 1,000 11,000 12 >> It's all right. It's all right. It's all right. It's All right, we're doing one more test here, okay? >> Yes, sir. >> Take a breath. Calm down. >> I'm just so upset. >> It's okay. I understand. All right. Just want you to keep your arms at your side. All right? >> See the tip of my pen? >> Yes, sir. >> Just I want you to follow that. Actually, maybe a little bright. Let me face this way. >> I'm sorry. >> I'm going to have you face this way. Just so I don't I don't want the light there. Okay, we're going to see this, okay? >> And and can you just please tell me what we're doing? >> All you have to do, keep your head still, and with your eyes and eyes only, you're going to follow the tip of this pen, okay? >> Okay. >> All you have to do is keep your eyes on this pen, okay? >> I'm My eyes only. >> Eyes and eyes only. Keep your head still. >> not look at your partner, look at you. >> You only look at this pen, arms at the side, okay? >> I did blink. I'm sorry. >> right. It's all right. >> I have to blink. >> All right, just keep keep your eye on the pencil. >> Yes, sir. I I'm on that. >> Keep your eye on the pencil. Focus on the pencil. Just Just Just comply. >> Is there >> Hey, wait. Wait. Just Just Just comply. >> Can you please tell me what I failed, sir? >> It'll It'll be in the report. You failed You failed every test I gave you. >> Can I call my sister? >> We'll call Have you call your sister when you get back, okay? When we get back there. All >> Six five is a female, 41, 415. >> Come on. Walk over here with >> Um Can I get my stuff out of my car? >> Well, we're going to The car's coming back with us. What do you need out of the car? >> Um I would just like my purse, too. Sir, Officer. >> Yes. >> Can you please make sure my phone is in there? >> Yeah. Yeah, we're going to grab it. We'll bring it back to our place there. >> Okay. Can you guys help me with this, too? >> I'm going to I'm going to place you back in my car right now. I'll explain everything to you, okay? >> Officer, can you just tell me what I did wrong? >> Yeah. >> Can you Um Can I get back to some service tonight, Officer? >> Uh yeah. We'll We'll get you a ride when we get back there, okay? >> Ow. Um Okay. >> Got you. >> Is there a seat here? >> Mhm. It's just hard. >> Oh, okay. >> All right. >> Um I need to call my sister. >> Well, I'll let you call when we get back to headquarters, okay? >> Okay. >> And at the end of them, she was placed under arrest. She was transported to the Belmar Police Station. In the booking room, the officers read her what New Jersey calls the standard statement. It is a script. It has to be read out loud, word for word, before a breath test. It explains what happens if you refuse. She didn't refuse. She took the test. The Alcotest returned a reading of .163. New Jersey's limit is .08. So, double. >> All right, come on out. Just be careful. I wish I could walk on in here, okay? >> Mhm. >> Let's get those cuffs off you. >> Thank you. You should be fine. Right through here? >> Close that. Yes, wait to the left. >> Mhm. Okay. >> All right, come on up right here. All right, let me take those cuffs off. >> Thank you. >> They're not made for comfort, unfortunately. >> I understand. Oh, well. I'm fine now. Mhm. >> Okay. So, I need to read this to you verbatim. It's a little lengthy. All right, but I just want you to listen to everything that I'm saying, okay? And then at the very end, there's going to be a couple questions. Just simple yes or no questions. There's two of them. All right, just listen to me and it'll maybe take me 5 minutes, but just I want you to focus, okay? >> Okay. Can you just Officer, can you just tell me what you're reading me? >> Yeah, this is the Attorney General's standard statement for driving while intoxicated. Um, it's just I have to read this to you by law, okay? >> Okay. >> You have been arrested for driving while intoxicated, N.J.S.A. 39:4-50. 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 summons 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. These penalties may be in addition to 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 present for the purpose of taking the breath samples. 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 refusal to submit to breath testing. I repeat, the law requires you to submit samples of your breath test breath for testing. Will you submit the samples of your breath? >> Yes. >> Are any of your injuries affecting you now? >> No. >> For the next couple questions, I have to read you Miranda real quick. >> Is that any of your belongings? >> You have the right to remain silent, and refuse to answer any of these questions. Anything you say may be used against you in the court of law. You have the right to consult with an attorney at any time and have them present before and during questioning. If you can't afford an attorney, one will be provided if you so desire prior to any questioning. A decision to waive these rights is not final and you may withdraw your waiver whenever you wish, either before or during questioning. All right. All right, just a couple more questions. >> All right. >> I know. I know. >> But, like am I drunk to you, sir? Whatever. >> What kind of alcoholic drinks did you have? >> I had I had two Proseccos over 4 hours. Truth be told. You can ask my friends. You can ask the bartenders. >> And you were there at the Columns, you said? >> Yes, sir. Mhm. >> When did you have your first drink? Roughly the time? >> Um 6:00 p.m. Probably one then again at 8:00 and maybe one at 8:30. So, two and a half and I had water in between. You can ask the bartenders. >> last drink you said was 8:30? >> Um >> What time do you think that was, roughly? >> Well, what time Yeah, I I think 8:30, sir. I'm I'm just >> Just the best of your ability. It doesn't have to be >> 8:30, 8:45. So. >> What time did you finish eating and what did you eat? >> Um I ate ate um some appetizers around 6:30. I ate um again when they served um the meal. Give me a second. I just don't want to screw myself here. >> Okay. >> Um >> Just do the as best as you can. It doesn't have to be >> I probably ate something around 8:00 p.m. >> And what did you have? >> Um salad, a piece of prime rib. They ran out of the tuna, so I had a uh chicken something. Uh uh and pasta and pasta and pasta. >> And at point 1 5 and above New Jersey stops treating it as an ordinary first offense and the penalty step up sharply. But that number is not the reason this case is worth 6 minutes of your time. >> If I didn't have my sister initiate coming already and what I blew, what would it take another 5 6 hours? I have no idea. I don't even know >> So, the reason he runs the that that box is cuz he's certified and knows more about the time limit on there. Um I don't know the exact burn-off rate because I have never taken that class yet. Um I can tell you it's probably closer to 8 hours though. So, yeah. That's kind of why we wanted you >> Hey. And I understand that, but I'm not drunk. >> It's liability. God God forbid you get out of the car and >> to watch him. Okay, sorry. >> God forbid you get out of here and we're going to hop into another car. >> Yeah, you hear I know >> The reason those laws are there is cuz somebody's done it before. >> And officer, I get it. I get this. >> Yeah, I know. Look, I believe I believe you that you're not going to drive after this. It's just we're legally not allowed to. >> I can't get them tonight cuz it's 12 hours you said. >> Yeah, 12 hours. >> Okay, so I have to get back down here tomorrow. >> So, you can still get into the car before 12 hours. >> I can't I I >> You could still get your belongings out of the car before 12 hours. You just the car can't leave there property. >> Oh. So, can I ask the Uber driver tonight? >> Tonight no, because they're not there. When they when they come out to like calls, they don't come from work, they come from home. These are 24/7. Okay. >> Four citations were issued that night. Driving while intoxicated, reckless driving, failure to keep to marked lanes, and a fourth one that almost nobody reading the headline would notice. 39450.19 failure to install an ignition interlock device. You do not get charged with that unless a court has already ordered you to have one. And a court does not order one out of nowhere. An ignition interlock is a breathalyzer wired into your car. You blow into it before the engine will start. If you have been drinking, it doesn't start. New Jersey orders them after a drink driving conviction. That is the entire point of the device. It exists so that the second time never happens. The system had already stopped this driver once. It had already put a machine in her path designed to stop it happening again. So, the question this footage actually asks isn't about a wedding or a couple of drinks or a bad night. It's about what happens between the first time and the second. A court order. A device. A program. A suspension. All of it already applied to this driver before the officer heard that crash. And it still ended with a pickup truck driving away from something it had hit. How many second times start exactly like this?