that was mostly a yes if you don't understand there's nothing wrong with it no I'm just making sure I I think the small series of steps I've seen a lot I I don't mean to be dick I've seen a lot of YouTube videos let stop you right there right now you're not dispelling my fear right now it seems that you're kind of procrastin understand I understand I feel like that I to myself in a way that I do you want me to R the instructions I would actually one more time cuz I've seen a lot of bad videos on YouTube keep your hands on your side there thumbs out your pockets okay oh put the car in park put the car in Park Park from car like 5 2 miles away away I had you start this way because CER might take this put car park turn the car off like I told you do so yeah it took us while to wake you up so Max Max Maxwell Max Million Max M ax i m i l i a what's your last name k y yeah do you have a middle name Max uh g n o n actually haven't been driving I'm right across the street right there um you haven't been driving is that what you said well not not for like Coss couple days um I've what's your date of birth Max I just got back from um Tennessee what's a good phone number for Max oh iang my partn for sure [ __ ] my car just sorry yeah yeah uh you want mind grabbing my uh vape juice out of that right pocket there I'll keep my hands up we're not going to do that right now okay no Vape nothing like that no no I I just don't want to I don't want to be in your guys's thing at whatever 3: in the morning whatever time it is right now I got put your back here what time do you think it is right now no just put your back to the car my back to yeah just lean against the car what's your first name I'm Max Millian can Max yeah 100% no it's I just got back from Tennessee roughly a day ago it's been a long you came back from Tennessee just now not not just now I've been back uh from home uh it's just been a long I haven't really had so how did you come from home if your home's over there no I mean I I just got back from Tennessee in the past day and a half I know but I'm saying where did you come from when when I got I'm trying to tell you when I got home I was doing uh I I have I Consulting that I got to do I'm doing um I'm doing the like I'm setting up printers and stuff for all these different offices M and most of them are the login for this um office that was where I came from about a day ago I just came back from Tennessee a day and a half ago I drove from there I think I slept for an hour and a half between between a couple hours and an hour and a half just on the way back so it's just been a little it's it's been [ __ ] stressful as [ __ ] I've been I got maybe in the past day and a half I got an hour and a half asleep total so where were you coming from exactly just now a day and a half I no I'm asking you right now just now just coming back from one of the [ __ ] offices like I said [ __ ] I'm coming from a day and a half ago I was coming from Tennessee I'm going through all my [ __ ] placees then yes where's the office the first one it was uh about an hour and or sorry not an hour it was about half an hour south of Nashville over in samna Tennessee so you you went from Tennessee to here not yeah not just now right this second no I'm asking you I'm not talking about I'm sorry a day ago I'm asking about today but yeah sorry it's today a day ago cuz it would make sense why you fell asleep if you came from Tennessee I literally just did I fight before I so not this second I slept maybe like 4 or 3 hours ago last night coming from Tennessee the day before okay it's been a whole thing I had just stop over there excided to drop off one of my employees my new one of my new hires not tricky okay Max so yep due to the fact that you were asleep behind the wheel yep due to the fact that it took quite a while and a lot of pounding I had my window Punch Out ready to break the window out when he started moving so I understand we at least know you were alive so that's a good start yeah but due to all that and due to the overwhelming odor of alcohol coming off of your body I have some belief and concern you are driving while inair not at all but I I can't where you're coming so how how much have you had to drink tonight nothing you haven't had anything to drink tonight not tonight what was the last time you had a drink um that would probably be about maybe 8 8 hours or so ago okay so what time do you think it is right now uh I give it about like maybe 3:30 4 a.m. okay if I was guessing it is 3:35 in the morning on Friday July 5th so you're you're pretty close where were you where were you coming from I was just telling her I had been driving from uh Atlanta or I was coming from um Tennessee originally where are you coming from right now this evening that led you to be at this exact spot right the second I was driving one of my employees back to their house and then coming over here from there like before that from Tennessee it's been okay I care about right now so you were driving one of your employees home did employe live uh they're a bit South I couldn't tell you exactly off top my head I know where they stay I just don't know West Palm Gardens uh i' say a little more south than that maybe like on the fence 3 mus plom and Lake Worth in that general area I know where they stay I don't know the exact that's fine I don't even know the exact address what route did you take to get from there to here um I was on 95 I came from blue herin blue her 45th down um military over here okay and where are you going right now to my right on that corner right there okay like I said it's just been a while where were you taking your you said it was uh it was it was over I know it was um it was either blue hair in a 45th onto that's fine Tak it was off right off another employee or something you were taking them home where were you taking them home from from like I said the TR from um up north over um Atlanta I I couldn't tell you if I came off um from Tennessee over I know I drove down across 75 when did you when did you leave Tennessee like I said it's going to be probably it was earlier than than 2: a.m. cuz I did stop and see a couple friends on the way back home I've done that drive a couple times cuz I've been doing work this is the first time I'm working in Tennessee I was doing before that a lot of work in Atlanta and stuff so I stopped over Atlanta said hi to a couple people stopped over in draille said hi to a couple people okay so you left Tennessee about 24 hours ago um I'd say more like 18 but yeah somewhere around there okay and along the way you stopped in Atlanta sto in Jacksonville like stopped at the gas station you made it all the way to North LOL military and fell asleep behind the wheel like a block from your house yeah literally and you're telling me you haven't anything to drink tonight no sir okay so what I'm going to do is I'm going to run you through it with your permission a couple tasks that I can confirm that you are okay to drive yep since you're telling me you have anything to drink no sir I haven't um I do I would like to just mention I my dad was a h off from years um I I don't want to do anything that's going to incriminate myself more so than whatever I know pulling me over at 4 in the morning is already we didn't pull you over we had to pin your car in because you passed out behind the and I I get that but if you're saying you haven't been drinking then I I get that but also I'm in I'm in sandals I'm like I don't want to if I got to take the um may or may not have been impaired versus the walking the line at 400 in the morning when I already fell asleep behind the wheel and taking a charge for that saying I'm definitely impaired for cuz I take a step over and trip on my shoe you can choose to do Barefoot if you want you you get what I'm saying I mean not really but I me all right I'll we're going to test okay give me just a moment you what I'm saying I would rather decline a test at 4:30 in the morning when I already fell asleep behind the wheel then fail test CU I'm wearing sandals or because I'm already tired you know what I mean okay what did you say your last name was Mery am i r y yeah like I said my dad was probably Charing 20 years you retire huh when did you retire when did you retire uh probably 3 or 4 years ago I think I'm in a [ __ ] r car I have a Tahoe I've been driving I Reed about a week ago it's it's already been what's this uh Dan Daniel Dan yeah you know um Hayashi I think he might still be serving I'm not sure I haven't seen him in a while excuse me no it's just been [ __ ] that's we going ask [ __ ] sh my uh my little brother's dad just got d stage 4 cancer he's been I'm sorry toar I I mean he was a douchebag he was a dick ass like sucks though yeah know it's it sucks I feel bad for my little brother I feel bad for my little brother but he literally Che my sister in the driveway so I it's like I'm I'm at a crossroad there IM that sounds super boring it was four guys doing work that me and one of my buddies would do in a day and a half over the course of three and a half four days and you're watching Four Guys yeah just spread that all do this really [ __ ] horribly yeah there's nothing you can do about yeah know I just have to sit there and watch them and then when they're done when they say they're done at 4:00 on the third and a half fourth day right I could to say okay cool I guess I drive home now because you guys are going to pay me to Santa hotel for another [ __ ] day so did they give you the car or is no so actually I got Reed about a week and a half ago off Southern so it just happened to work out that I'm driving up there for a job yeah not putting miles on my car so I'm in this [ __ ] R that's a benefit I guess I mean other day it would have not this part but I mean having a sweet Dodge Challenger I don't what first time so I used to drive like back before so I just got a Tahoe back in December okay I before that I was driving Infinity Q50 before that I had a Audi A3 that I toally Taho the one that got rended [ __ ] suck it was literally on a Saturday at like 11:00 a.m. in the morning so it was like I was at a complete stop in another Port too like she slammed en me parked um remember they have that lane clo going on turnpike north from Southern yeah yeah so right there I'm Southern's just a mess all the time before the turnpike South there I got rear ended so like trying to go on turn bike North where they have that lane that's backed up over there I was stopped right there and it was just to it was a Saturday [ __ ] busy she slammed into me yeah got the Challenger I'm like oh [ __ ] I got to work anyway I got to go to tenness Tennessee [ __ ] it why am I going to drive over there or why am I going to fly over there when I could just drive right I got you okay Max well like I said I'm officer Keel 100% I'm passing this over to officer Ria okay so she's going to be the one talking with you now I'm still going to be here but she's going to ask you a couple questions and then we're going to go to the you know whatever process from there what you got to do all right so like you mentioned but then you say something as soon as he left just so I can capture on camera would you agree to do a field test field sity test um if if you guys agree that you're not trying to incriminate me you're trying to actually decide if I'm sober or not then the whole point of the feeli sobriety test to determine is to give me understood to give me there are a lot of cops that can explain 100% sorry let me show is to dispel my fear that you are not under the influence and that you can actually drive okay if you dispel my fear you're good to go all right as long as that what you're doing it for and it's not to make me more Inc I've had people that did great a my fiety test and have had them go because they dispelled my fear you promise that promise you what you think you promis that You' let people go on your Fieldy test I mean it's all on body cam you can search my Rec I can right now that's why I was let okay so if you can just come over here sure all right so you can just stand in front of me you mind if I take my sandles off cuz I feel like I'm going to trip over TR yeah go ahead whatever comfortable with thank you Ma all right so just turn around all right so you see this yep all right the light in my pen all right so we're going to do the horizontal gaze and stagis okay now before I begin do you have anything um like contacts you wear anything that's corrected by glasses something like that I did say that I've been up for the past 24 hours or so so that may affect it time yeah all right do you from Tennessee 12 hours do you wear any hearing aids or anything that can no have you had any any surgeries uh I have my tonsils out a couple times or I have my tonsils out once I have my anoid juice a couple times okay based on what I can see you're able to physically maneuver vehicle that means your legs and arms are working as well so you can move you have no issues if your knee walking okay great so a bit of a limp after getting hit with the truck or getting rear ended but nothing how long ago was that literally uh about a week maybe a week in a couple days okay but has your doctor medically cleared you for that I didn't stop at the doctor it was I was stopped and she hit me probably less than 10 miles an hour so I've had like a bit of issues in my knees but nothing that was painful enough not too bad yeah yeah I can walk if I'm like if my knee gives out a little bit you know why so let's just make this quick all right so you're going to put your feet together you're doing on the body cam I want to be completely clear in my own capabilities I don't want you to Discount that and not right there no it's all it's all on camera whatever set I have to ask these questions all right so you're going to be in the same position me have your feet together Hands by your side okay all right so um you're going to look and follow the light here okay with your eyes and your eyes only would you mind starting from the other side so I don't have the light from the car right there it's kind ofing dim it a little bit yeah no you know what I mean right it's it's it's already a little bit like I can't even see your face okay I let me explain the instructions and then you can speak all right so you're going to follow the light with your eyes and your eyes only okay all right you're not going to move your head okay do you understand the instructions that's all you have to do you have to follow the light yep it's I'm so would you mind doing it from that out side cuz it is really hard with the light blind which side you want Mo you want me just turn around and look at look this way and tell me that that light does not distract you from any flashlight we can move if you want that is all I was asking for it's hard to follow anything with that light behind me is that good yes ma'am okay all right so do you understand the instructions ma all right I'm going to begin now okay great all right so let's he can come back here now thank you that was honestly it it is really tricky to follow with those light so the next exercise is going to be the walk and turn Okay so lot oh no all the [ __ ] time it's just it's been it's never been 12 hours at a time it's been for a while just south Florida and Georgia is that good that you guys are expanding I mean is that I mean it's good for their company I mean they're hiring somebody else and I got to [ __ ] oversee them for got train it all right so you're going to put your left foot on the line the end of the line and then you're going to place your right foot on the line ahead of your left foot and you're going to keep the heel of your right foot against the toe of the left keep your arms at your side okay me mind if I fix my jeans real quick cuz they're Ming my heel and I'm going to [ __ ] up just CU that I'm going to trip over my jeans and I don't want that all right so heal the toe Hands by your side so yep and how many steps would you like me to ATT let me explain the instruction I just want you at this position and stay just like that okay okay so do not start until I tell you to do so when I tell you to begin you're going to take nine to toe heel to toe steps on the line okay so then you're going to turn around and keep one foot on the line and return nine steps so I'm going to demonstrate you're going to be stay just like that you're going to be just like this you're going to do nine Heel To Toe steps one 2 3 indicating this is the ninth step number nine you take a serious small steps okay so and then go back doing nine steps again one 2 3 all the way to number nine okay so when I say I'm I'm not done let me finish my instructions okay thought you were all right so when you turn the ni step you're going to go back as well you're going to keep your arms at your side at all times you're going to watch your feet and count each step stay in that position and count each step out loud instruction too you have to stay like that while I'm exp the instruction sorry I was trying to ask about the step and I when I was asking that I kind of messed up my Fe once walking begins do not stop until you have completed a test do you understand you have any questions I do have a question so I like one would be the first step on so it's nine and then turn so go back to the starting position so that's your starting position yep from here on the line on the line so that right there is your starting when you put your first first foot is one is one all the way down to nine on your ninth step you're going to take a small you know can you show me the the turn again one more time so starting position indic this right here is number nine I made my ninth step ninth foot down Ser small steps a series of small steps turn around okay just make it sure just want to be careful series of small steps to turn around do you understand all the instructions I've read to you I believe so it's a yes or no answer I believe so I I it has to be yes or no if you don't understand understand that's that was mostly yes it if you don't understand there's nothing wrong with it no I'm just making sure I I think the small series of steps I've seen a lot I I don't mean to be dick I've seen a lot of YouTube videos right now you're not dispelling my fear right now it seems that you're kind of procrastin understand I understand I feel like that I've already myself in a way that I you want me to ReRe the instructions I would actually like to do them one more time cuz I've seen a lot of bad videos on YouTube keep your hands on your side he B there thumbs out of your pockets you go let me let me read this again okay love you hear one more time all right do not start until you tell you to do so when I tell you to begin take nine Heel To Toe steps on the line you're going to turn around you're going to keep one foot on the line and return nine steps when you turn on the ninth step keep your front foot on the line and turn taking several small steps with the other foot let me explain we we sorry my bad done then you're going to take nine Heel To Toe steps back your arms are going to be at your side at all time so you're going to watch your feet and you're going to count each step out loud once you begin walking you're not going to stop until you complete the test what are your questions Max uh you said the the front foot yes it it doesn't move when I take the small steps to turn around just like how I demonstrated right so starting say is number nine it does not move it stays on the line it stays on the line Okay small okay cool all right okay do you understand yes ma'am okay you may be in 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 turn around task is over than have to stay on the line all right shoes back on she's going to read you the instructions for the next task you can choose to keep your shoes off or on okay can I keep them on while she talks about it and put them take them off keep okay go ahead I'm sorry I'm just I'm trying to be really careful not to incriminate myself in between tasks okay so now we're going to do the next exercise which is the finger to nose test okay so you're you're going to stand right here in front of me Hands by your side feet together say just like that okay so and you're going to have your arms at your side if your index fingers pointed out like this on my side yep stay just like that okay do not start until I tell you to do so so when I tell you to start you're going to close both eyes and tilt your head back when I tell you to bring the hand I direct upward touching the tip of your finger to the tip of your nose after touching your nose immediately bring your hand down at your side I'm going to demonstrate I'm not going to close my eyes though because I have to watch you so if I say Right Touch the tip of my nose bring it down say left my nose bring it down do you understand the instructions yes ma'am okay remember how is so close my eyes til my head back how far back do I til my head tilt your head it's just a tilt can can it'll be about like this okay thank you your eyes closed okay I've karate since I was SI so I could I just want to make sure no you're using your back for that yeah that's why I was ask all right so do you understand the the next finger until you point back down to the ground okay so touch your nose right back down to the ground do you yes ma'am you understand okay we're going to begin now left right left right left left right right all right we're good with that all right so what what's your highest level of Education uh high school high schoola grade yeah okay great so you know how to count up to 30 100% okay great in Spanish all right so you're going to have your feet together Your Hands by your side all right and you're going to have your eyes closed okay you're going to count to 30 in your head not out loud okay once you reach to 30 you're going to let me know I've counted up to 30 okay okay simple easy enough do you understand am I do I have to do it with the timer on your wrist or just count to 30 you're just going to count to 30 in your head okay you and once you reach to 30 you're going to say I'm done okay you understand yep let me know want to start all right have your hands by your side you may begin I'm done all right we're going to do one last test here okay okay just going to do the one leg stand all right so you're going to stay have your feet together arms are your side just like that stay like that you're going to maintain that position until tell you otherwise when I tell you to do so I want you to raise one leg either leg approximately 6 in off the ground with your foot pointed out both legs straight and you're going to look at your elevated foot then you're going to count out loud in the following manner 1,1 1,002 13 and so on until I tell you to stop all right so I'm going to demonstrate you hold this so doesn't matter matter whichever foot okay so your feet together and then you're going to raise whichever foot you want 6 in off the ground and your toes point it out you're going to look at it 1,1 1,2 1003 1004 see how I'm looking at it until I tell you to stop show me again cuz I was looking at your foot I wasn't looking at your eyes Okay so mind no it's exactly what you need to look at you're looking at your foot okay okay so notice how I have all this heavy gear on 100% if I can do it so can you I I do have a question I've literally just started going back to the gym and I did legs right before I drove up to Tennessee and like I said I just came 12 hours from Tennessee does that matter at all I still got to put my foot in front of myself and hope that I can balance on my leg too I mean you're not really working your quads or your glutes no no maybe no I mean I am working my PS and my glutes I mean I'm just saying I did that before I drove 12 hours up there and then 12 hours back so I'm do you understand the instructions yeah I think I can do that okay let's go back to position the I was trying to make sure I can do that okay all righty you may begin 2001 2002 2003 2004 2005 your foot supposed to be pointed out 2006 2007 2008 sorry I was worried about my st9 2010 2011 2012 2013 2014 2015 okay all right and this is actually we have one more exercise all right so you're going to okay so the next one is you're going to have feet together your arms out like a plane okay kind of like at an angle yeah okay and you're going to have your eyes closed and you're going to do the alphabet without singing it you're going to sing it out loud or you're not going to sing it so you're going to say it out loud without singing it so instead of saying a b c you're going to say A B C all the way through Z without without singing it okay okay all you're going to do is you're going to say the ABC no I I that that sounds very like trying to incriminate somebody I mean I can do my abc without singing it no I know i' had I had to do that one slow non- rythmic manner okay that's fine 100% uh arms out wide like this like a plane so like at an angle at an angle yes just like that that's angle exactly like like a plane eyes open eyes closed eyes closed and you're just saying it A through Z okay a when I tell you to begin okay so your eyes is closed you may begin a b c okay that's fine you could have just out well everybody reacts different so that's okay I get it all right you can see here my uh yeah no worries if you do what you got to do I'm going to have my uh partner here do a quick search on you you have anything on you no I I think my phone and everything's in the vehicle if you guys want to gra you have anything on you my stick poker hurt my partner no I have uh my vape juice in my right pocket okay just spread both your feet apart yep means um maybe the keys to the car I honestly nothing nothing crazy nothing freak you I I would rub outside my pocket just in case but no nothing crazy no no drry no piercings uh no piercings no drry no sir okay no piercings that I can't see nope okay yeah uh vape juice I think there might be a key or something in there yeah I would uh be very very grateful if somebody grab my vape but I was trying to hit before take no no not for the jail just so I can hit it before you put me in the top car if you don't mind I know I feel like I was very respectful if you guys could just like um huh firewood fuse oh yeah it was over yeah give out to my buddy yeah that'll be Thing feel like I was very respectful if somebody could put that back on me that would make me very happy The Vape yeah just so I could hit the Vape real quick I'm going to be in jail I got to do the whole thing I had to call everybody I can't allow that unfortunately you can't allow me to hit nicotine no no you hit the Vape and then you pass out or have some medical emergency techically in our custody and that just too much liability okay Mak sense I understand yeah no I get it like trying to be rud I got it I got I got how it is no worries yeah sorry my b a little tight you're welcome to loosen it I did have to do that for just so it didn't go past my ankles on um test there this is exactly why I didn't want to do a spy test though because I've seen it it doesn't matter how you do on it you well I'll be honest with you the odor of alcohol emitted for your body right there is enough for me to just arrest you I mean you if if that's how you feel well it's against the law it's not how I feel driving on if you feel like that that there's another of alcohol I would say it was the energy drinks I've been drinking all the way since Atlanta but I'm driving drink do you drink that like I said I haven't I haven't drank anything tonight but I have been wearing the same [ __ ] clothes last you said you drank 8 hours ago Sor that's not that's not tonight it's it's 5 a.m. Fourth of July like I told you I just came back from Tennessee I'm I'm not worried it's you didn't come back from you came back from your cooworker place I mean if if you want to go in semantics yes the right before this specific interaction from my cooworker place let's go yep uh we're not going there going to go this go here okay um want to you has my phone yeah we we'll get that for you okay I just have to make sure that I can do my um yeah we'll bring your phone so just watch your head just slide in there y um all right I guess I see no ID what receipt were you going to show me the public and the Public's right here on the bottom it's got angry Orchards on it gotcha both that I'll just bring one all righty so I can't find your wallet I don't think you brought it with you okay um and you failed to inform the officer you have a firearm in your vehicle oh I'm sorry I wasn't asked about a firearm on the vehicle it's a um I'm sorry I thought we had the conceal without um had a courtesy though you you inform I I understand that but we were outside of my vehicle I wasn't sitting in the front seat of my vehicle waiting talking to the officer I was outside of the vehicle otherwise I would way you were asleep anyways exactly that's what I'm saying there was no reason for me to inform about it just bringing your keys in your phone cuz I can't locate your wallet I also did not give consent to search my vehicle well we have to cuz it's going to be towed you it's called search inventory okay um whatever search search inventory of arrest so once we arrest someone we have full costate of the vehicle and we have to document what's in the vehicle because once it gets towed we are not only want to protect our behinds but we also want to protect you like hey this something in there and come out guys I understand what you're saying so that it's all on the toe company not us what you're saying and I apologize for not mentioning the firearm not realize that it was a thing I had to say when I