[Applause]
6750 be on the exit ramp for Dale
Mabvery from southbound
275 for tag Adam Robert 6 for Frank Kilo
be on a silver Jeep SUV.
[Applause]
How you doing? Good. How are you? You
know the speed limit on the 275?
Uh 60. What's that? 60. 55. You're doing
75 miles an hour. Oh. Get your driver's
license with you? Yeah.
[Music]
Where you coming from? Um picked him up
and going home. Where are you picking
him up from?
So what's that? So okay. Where's your
Where's your
39?
Can I get a yellow cab to Horatio and
Howard? It's going to go to
11872. I don't know if I have it on me
if I'm being honest. Uh I guess you
don't have it on you. My black. Okay.
How much you had to drink tonight? Um
not a lot at all. Well, you've
definitely had some some uh alcohol. I
could see it in your eyes and I can
smell it on your breath. Yeah, a while
ago. How long is a while ago? Uh 3
hours. 3 hours. Okay. But you don't have
your driver's license with you? No, I it
was a last minute thing to go grab him.
And do you have a registration proof for
insurance?
Yes.
And I know the uh What were you drinking
tonight?
I haven't had a lot. I didn't drink for
a while. I'm sorry. I feel very
combobulated. It's not because I'm
drunk, just cuz I never get pulled over.
Okay. Um,
yep.
Are you Maya? Yes. Okay.
You have your insurance card with you,
Maya?
[ __ ] I feel so discombobulated. Not
because of anything, just cuz I never
get pulled over in my hair.
Um,
no. I don't know what I have if I'm
being honest.
Not because what do you got right there?
That looks like your insurance maybe.
Does it? Let's see.
I know. I never
I never get
I just
reentered everything.
Okay. Give me a couple minutes. I'll be
right back with you. Okay. Are you still
living on uh Yes. All right. I'll be
with you in a couple minutes. Sit tight.
[Applause]
Hello ma'am. How you doing? Maya
Murdoch. Did I get that right? All
right. Murdoch. My name is Officer Van
Tes. I'm with Tampa Police. My
supervisor explain to you why he had
stopped you? Uh, excuse me. Yeah. He
said you doing 75 and a 55. and he said
also that you were kind of in and out of
your lane a little bit and so he pulled
you over and while speaking to you he
thought that there's a possibility of
you being cared so he called me to come
check you out to make sure that's not
the case. Okay. Um just you know I'm a
DUI officer. I'm just here to make sure
you're okay to drive. That's all. Okay.
Um do me a favor. Step out for one
second. I don't want to get hit by any
cars. So we're going to move over to the
side.
What's that?
Okay. Uh, let's stand over by the wall
over there because if we stand here, I
don't want to put ourselves in any
danger. All right. Do you have any
medical problems like diabetes or high
blood pressure? Any mental illness? Any
epilepsy source of seizure problems? Are
you currently sick or injured? Have you
had any medications tonight? Any drug
use tonight? Any alcohol use tonight?
Uh, like pass 4 hours ago? No. Okay.
What What did you have 4 hours ago? Uh,
glass of wine. Excuse me. Just one glass
of wine. And what size? Like how big is
it? Uh just a normal glass. Like a like
a five or six oz glass. Okay. As part of
my investigation to help determine your
level of soriety, I like to check your
eyes. Is that okay? Yeah, it's totally
fine. Okay. Um you can see there be
distraction. All I need you to do is
keep your feet together and hands down
by your side. You tell me what color
that light is. Right. All right. So I
need you to do is to focus on that light
and follow it as I move it, but with
your eyes only. Okay. So, don't move
your head. Just your arms. Um, is this
voluntary or do I have to? Well, it is
voluntary. Yeah. You're not required to
do this. Do you want to do this or not?
Um, I will if it proves my innocence,
but Well, it could it could go both
ways. I'm not trying to hide anything. I
mean, if there's indicators of of nagmus
or something, then it it could I could
ask you to do some more exercises. If
there's nothing in there, then hey,
we're done. We're out of here. Is it
just the speeding or Well, the speeding
is the reason why the speeding is the
reason why you were stopped. He spilled
alcohol. He thought that there's a
possibility. So, he called me just to
make sure. Okay. I mean, I picked up
someone that had been drinking. That is
always an issue. That is possible. Yeah.
Okay. So, what I need you to do, just
focus on the line. Okay.
I got to hold it for at least four
seconds. Okay.
I'm not going to lie, this makes me feel
very nervous even though I'm not
anything. All right. So, we're just here
to make sure people are driving safely.
As you can imagine, if someone's having
too much to drink, especially on the
inter, especially during the rain, stuff
like that, it gets we just got to make
sure. Okay. Well, listen. Would you do
some additional exercises like walk the
line on one leg? Do I have to do? No,
no, no. So, I'll explain it to you just
so you understand. Okay. All sobriety
exercises are strictly voluntary. You
don't have to do them. Okay. However,
the reason why we ask people to do them
is when we feel that there is a
possibility they could be impaired.
That's their opportunity to show us
whether or not that is the case. Okay?
Now, if you don't want to do them, like
I said, you're not legally obligated to,
so you don't have to. But you would be
forcing me to make a decision as to
whether or not I have enough probable
cause to arrest you for DUI. And that
would that would be based only on what I
know so far, which is your driving,
personal indicators, and your eyes.
Okay? In other words, your performance
during those additional exercises
wouldn't be available to me available to
me to help me make that decision. Okay.
It's up to you. You don't have to do
them, but I I don't want to talk you in
or out of them. It's your decision, not
mine. Yeah. I mean, it's just Yeah.
Well, because we're on a slope here and
because we're on the exit ramp for the
interstate, we wouldn't do them here.
So, if you wanted to do them, I would
give you a ride down probably to this
parking lot right here, the first place
we've been to pull over safely, and we
would do them over there. And then Well,
I mean, it's I I I'm not so I don't know
what my best situation is. Well, like I
said, it's your decision, not mine. Um,
I'm asking you to do it because I
believe that you could be impaired and
that's the reason why I'm asking you to
do it. So by the the test the totality
of the circumstances not not just your
eyes it's your way you're driving and
other things. So
um I don't know I'm trying to
think I don't know I've never been in
this situation before in my entire life.
So I don't listen I understand it's
unnerving and I understand that but I I
have to make sure people are driving
safe. That's my job and this is how we
do our job. I have a lot of
um I don't know I I don't really know.
Um well the two exercises I would ask
you to do is to walk the line and to
stand on one leg.
I mean okay that's why we wouldn't do it
here because it would be unfair. It's
we're on a we're on a slant and the last
thing I would want you to do is to lose
your balance because of that. Yeah. I
mean, I'm not nervous about that at all.
Okay. Um,
well, like I said, do you want to do the
exercises? We would go probably to this
little parking lot. The first first
little turn that I could get you prior
to you, this is a Walmart, so be this
little parking lot right here.
Um, that's fine, I guess. Okay. Uh, my
car is the last car right here. So,
let's walk back there. We'll take a ride
real quick. As soon as we get down
there, we'll get out the next car just
stays here. Yeah, this my purple's going
to stay here with the car to make sure
it doesn't get hit. He's going to be the
vehicle.
All right, this seat right here.
You're fine. Go ahead. Have a
seat. Uh there's a seat belt right here.
We'll put on I know, but we're It's
raining and we're on interstate. I don't
want anybody hurt. Okay, give me one
second.
671 443. I'm going to relocate off the
interstate. We're going to go down to
the Walmart parking lot right on the
corner. Uh adult female and starting
mile is a 7153.
[Music]
[Music]
671 97 at the Walmart gas station. It's
going to be 7153 miles.
These are weird cuz they click
here. So they don't get lost. All right,
just walk right over here. Follow
me. All right, you can stand right at
the beginning of that. Right where those
two lines cross right there. I'll go
ahead and explain. Okay. So, we're going
to use this little straight line right
here, the expansion joint concrete.
Okay. Before we begin, I'll tell you I'm
going to give you the detailed
instructions. Very important you pay
attention to all the details. Okay. I'm
also going to demonstrate. It's not
meant to trick you. So, if you have any
questions about any of the instructions,
feel free to stop and ask. I do not have
a problem explaining this to you if you
need to. Okay? However, I cannot answer
questions during the exercise. So, if
you have questions, ask before the All
right. All right. If you can put your
left foot on that line for
me. Put your right foot. Yep. Right down
the center of that line. Right. Take
your right foot in front of left just
like this. Touching heel to toe and put
your hands by your side against your
legs. Just like this. Now, this is a
starting position. So, don't move from
here till I say begin. Okay. All right.
Now,
yeah. Well, I always take that into
consideration because everybody's
nervous on a on a Friday night. Trust
me. All right. So, when I say begin,
you're going to take a series of nine
steps down the line. Then, you're going
to turn around and walk nine steps back.
Okay? Each step has to be on the line
and touching the toe. You got to keep
your hands by your sides against your
legs the entire time. You're going to
look down at your feet and count each
step out loud so that I can hear you.
Yep. So, it's going to look like this.
So, from here, one 2 3 all the way till
nine. All right. Now, when you get to
that last step, leave your front foot on
the line, but take your back foot off
exactly like this. Take a series of
small steps till you turn yourself
around. Then return your foot and count
nine steps back. So, 1 2 3 all the way
till nine. All right. And during the
exercise, don't stop until you're
finished. So, you go all the way down,
turn, and come back without stopping.
All right. You have any questions on how
to do that?
Absolutely. I understand. I do this for
a living and I I I I see it all the
time. So, I understand. All right.
Whenever you're ready, go ahead and
begin.
[Applause]
Okay, next exercise. You can stand right
there for me. Face my car. You're going
to have to put your feet together side
by side and keep your hands by your
side. Just like that. Now, that's going
to be the starting position for this
exercise. Okay? So, I need you to
maintain that position and don't move
from there till I say begin. All right?
Now, when I do say again, you're going
to choose one foot, either left or
right, and you're going to raise it off
the ground about 6 in, about the height
of this other. Okay? Now, when doing so,
make sure to point your toes to keep
your foot level with the ground. You're
going to keep your knees straight and
hands by your side against your legs.
You're going to look down at your foot
the entire time. And you're going to
count out loud starting with 100, 101.
And you just keep counting till I say
stop, right? So, it'll look like Yep.
So, just like this. So from here 1,00 1
100 1 2 1 1003 1004 correct. Don't do
that. You're doing it just like this.
Okay. Now if at any time you put your
foot down, lift it right back up and
continue. Okay. This is a timed
exercise. So don't put your foot down or
stop until I tell you. Okay. Do you have
any questions on how to do
that? All right. Which foot do you want
to look up? You're right. Okay. Whenever
you are ready, go ahead and begin.
Is your knee straight and look at your
foot.
Stop. All right. Unfortunately, I do
need you to put your hand.
No, man. I'm not
sure. As of this point, I do feel that
you are too encouraged to be driving.
Okay. Yes, sir. So, I am Yes. I'll
explain everything to you in a second.
All right. First of all, in the state of
Florida, when you get arrested for DUI,
you are required to take a breath test.
When we head down to the jail and I ask
you to take that breath test, do you
want to take it?
Okay. Well, you don't have to ask me
right now. I'm going to take your stuff
off so it doesn't get stuck up in the
hands. Hold on. I am I have to They're
going to remove all your jewelry, but I
am going to put them inside of a bag and
bring them with you so you'll have
everything with you. Okay.
both of these cuz they get stuck in the
handle. So there's one that is a
there's
a way. But there's another one. Okay.
Well, then I'll I'll leave that on if
you want, but I don't want it to get
messed up. Okay.
671 signal one. And if you have a female
officer for you, Walmart.
All right. Listen, I make my decision
based on a totality of the
circumstances. In other words, not just
one thing, everything. Okay? I put
everything in together in a basket and
say, "Is it there or is it not there?"
Okay? That starts at your driving, moves
to personal contact indicators, things
that I notice, I'll speak to you, and
the other officer notice, and also your
performance during those exercises. I'm
not going to lie to you. There is
absolutely no way in hell you should be
driving, okay? And that's just me being
honest. You may feel okay, but
physically there is an absolute. You
should not be driving. Okay, you said
you had one glass of wine 4 hours ago,
one regular that is almost impossible to
reach your level of impairment off just
a little bit of alcohol 4 hours ago. If
that were the case, you would have
burned that glass of wine off within an
hour. So, I'm just telling you to do
this way. Okay? Well, I I'm I'm not
going to change my decision, but I will
tell you this. I'm going to be with you
for the next hour. So, I'm going to walk
you I'm going to walk you through the
process and we'll get through it. Okay.
I can't. But sit here for one second.
I'm going to grab a bag to put Hold on.
I have to grab a bag. I can't have you
walking behind me.
Sorry. Grabbing a zip lock so I can put
your stuff in it so it doesn't get lost.
No, ma'am. But you will be allowed to
go. Listen, you will be Listen, you will
be allowed to go home as soon as you can
bond out. Okay.
All right. I'm calling I called for a
female officer to come to do a Listen,
I'm I'm required to, but I'm I called
for a female officer to come do a
search. Okay. Um we're going to wait for
her to get over here. Until then, if you
want to sit inside my car, we'll just go
ahead and wait for her to come here.
Then she'll start on our way. Okay.
Going around this
way. Just going to have a seat and wait
for her.
No, you're fine. Listen, I understand.
Listen, people make mistakes. I I
Listen. Well, hold on a second. People
make mistakes and I understand that.
Okay, give me one second.
[Music]
[Music]
Um, well, my supervisor who's up on the
interstate with your car right now, he
is going to
uh Yeah, at the jail we don't do
breathalyzers here. I don't have I don't
even have a
breathalyzer. And you you blow like
under the limit, then your license won't
be suspended immediately. That'll be up
to the
courts. All
right. She is at Kennedy and Howard.
[Music]
Yeah. If you blow other than your
license will not be
suspended. What do you
mean? Well, no. You can't pass or fail.
They're not They're not tests. They're
exercises. It's a little bit different
than that. But,
um, of course it does. I always take
that in consideration, but what I'm
noticing isn't necessarily notice.
Well, yeah. If you go to if you end up
going to court and you have a
breathalyzer results of of you being
under the limit, I mean, that should do
nothing but help you, right?
Oh, as far as as far as the charge goes,
it's not going to change anything. You
you are being charged tonight. But as
far as the uh the driver license
suspension goes, if you blow under, then
that will your your license won't be
suspended today. But if you blow over,
then it will.
[Music]
Well, because it doesn't necessarily
work like that. Let me give you an
example just just to explain things cuz
I do want people out there to understand
how it
works. Picture two different people. One
person's an alcoholic and the other
person doesn't drink at all.
Right? If the alcoholic drinks every day
all the time and is always
drunk, then they may not be impaired at
a 0.08 because they might be like that
normally. Whereas somebody who doesn't
drink at all might be too impaired even
though they're under the limit because
they never drink. You see how I mean
with the tolerances?
So if we do a breathalyzer to one person
and arrest them because they're over the
limit, they may not be impaired or vice
versa, we might give somebody a
breathalyzer and let them
go and then subsequently they're they're
too impaired and they end up hurting
surgery. So the way it works is we don't
do breathalyzers on scene. Uh maybe some
other states do, but Florida doesn't. So
in Florida whenever we do
uh in Florida whenever we we do DUI it's
always afterwards we do the re buser
afterwards a lot of
things. First of all you absolutely weak
of alcohol and that's just a that's just
a god honest truth and it's not because
you're sitting in a car with somebody
else drinking. It's it's coming from
you that that's that's one very obvious
And then your performance from those
exercises as well.
Well, like I said, good people make
Listen, good people make mistakes as
well. We understand that.
How you doing, Officer
Bilips? I appreciate you coming out. I
know this is a pain in the ass on a
Friday night, but she's been very
cooperative, good person, no issues.
Oh, I'm sorry to hear that.
It's been rougher because everything in
Eore that happened. That crowd has moved
over and they they've all left Eore and
came to S and also host twice as many
people and twice as many problems.
Well, I don't suspect anything on her,
but we have to search here.
Yes, please. Um, I already took off one
bracelet. She has a bracelet she says
that doesn't come off. Double check it,
but if it has to stay on there, that's
fine. And I'll just let the jail know
that.
Yeah, they'll make it come off. I don't
I don't want to be the one who does
that.
[Music]
She's required assorted.
[Applause]
I'm
[Music]
sorry. [ __ ]
[Music]
hair clip.
Yeah,
they're worried.
[Applause]
Yeah. Listen, we're just it's it's not
that we want to or don't want to, but
when you listen when you go to jail,
they they will take it off. Matter of
fact, if they can't, they'll cut it off.
We don't want to do that. So, but you
can't have any jewelry or anything on
you while you're uh while you're at the
jail. They won't allow anything. It's
going with you. You'll have all of it.
It just can't be
I
know. Are
you Perfect.
Nice
[Music]
We don't we don't even have a
breathalyzer. It's the only
breathalyzers at the
deal. Thank you for coming
out. Awesome. Oh yeah, absolutely.
[Music]
Hello.
[Music]
671
1035 CBT adult female 71 53.6
How old are
you? Well,
um, as of right now, you're just being
charged. You You don't actually have a
DUI. There's nothing on your record
until it finishes through court. So,
right now, you're just being charged
with a DUI. You're not guilty of
anything. You know how they say innocent
until proven guilty? Right now, you're
innocent, but you're being charged. It
depends on what court says. So, as of
right now, nothing. But when it goes
through court, it's up to whatever
happens in
court.
What's Well, I mean, it's different for
everybody. you're uh this is your first
time and Florida has programs to help
people on their first time. So depending
if they offer you the programs or not,
depending on how the outcome is, I I
really couldn't tell you what would or
wouldn't happen. It's really different
for
everybody. It all depends on how things
play out, I guess.
Well, then your license will not be
suspended
tonight. Well, everybody who has to do 8
hours no matter what. If there's if
there's a DUI charge, it's 8 hours for a
sobriety period, no matter what. So,
you'll be out of jail or eligible to
bond out at around noon,
12:00. Yes, that doesn't matter.
Well, yeah, you still get phone calls.
Yeah, you'll be able to make a phone
call. What's
that? Correct. You can't leave until
you're 8 hours is up.
Not really. You're going to sit in a
bunch of chairs and just watch some TV
and just wait for your time to be up.
That's all. The only time they actually
put you in a cell is if you're in a if
you're a pain in the ass and then all of
a
sudden, excuse me, they have to deal
with you. Then they'll put you in a cell
to calm you down. But as long as you're
cooperative, that's not going to be even
an
issue. As you can imagine, some people
are not happy to be in jail. So, some
people some people like to buck the
system, and those people are the ones
that they have to set aside in a holding
cell to cool down. You've been
cooperative. You've been a nice person.
There's absolutely no reason that they
would do that to you. You're just going
to sit and watch TV until it's time to
get
out. Uh,
yeah. Well, you've already worked all
ass 7 and a half
now. Well, I know it seems funny, but
any minute counts.
Well, unfortunately, we see that all the
time. You just have to be careful. If
you if you've been drinking anything at
all, you got to just not
drive. Not
necessarily. Like I said, it's different
for everybody.
There is a possibility, but that doesn't
mean yes or
no. What's that?
Well, I listen, if I were you or when
you get out of here, I'd hire an
attorney or call an attorney and ask
them questions. I I can't give legal
advice. I really wouldn't know what to
tell you.
No, I mean if if you need if you need
advice for that, that's for an attorney.
Ask an attorney. They'd be able to help
you with
that.
671 97 CVG
7164.3
Heat. Heat.
[Music]
Heat.
Heat.
Heat.
Heat.
Heat.
Heat. All
right. Did you want to take a breath
test?
Okay. I can read you in 5 seconds so you
understand what the consequence.
Yes sir. That
one on the right hand side.
[Music]
[Music]