people are charged every day with crimes they just didn't commit you said it's been crossing the center line yes ma'am you're pissing me off because I haven't been drinking I'm not trying to upset you okay as long as you pass this eye test then I'm going to release you and I'm done with you you're pissing me off I understand I'm not trying to make you upset okay you're gonna be placed under arrest for an OVI okay welcome back to the lackluster channel on December 27th of 2021 dispatchers for defiance Police Department in Ohio received a 9-1-1 call reporting a suspected intoxicated driver I have a Blackboard Escape Conway crossing the center line going south on coin okay and he said it's been crossing the center line yes I am okay based on nothing more than a single phone call officers shulk and Higgins were dispatched to intercept the vehicle 72 there's a driving complaint there's a Blackboard Edge being followed by a silver SUV the sport Edge has been all over the roadway Crossing Center Line in dash cam video the reported vehicle isn't observed making any erratic movements or traffic violations but officer shulk still decided to initiate a traffic stop despite her complete lack of a lawful authority to do so Hi how are you doing today fine so the reason I stopped yet is because we had a complaint that you're driving all over the roadway that you're going left to center a couple times so I just want to make contact with you make sure you're okay I'm just doing doordash you've got the wrong person that's no we were given your vehicle description a black Ford Edge as well as the plate I don't know who they're talking about okay were you on your phone or anything that would have car maybe playing with your radio that would have caused you to go left the center a couple times because they said you wanted left a center several times that you're aware of okay have you had anything to drink tonight I don't drink okay do you have your license on you I might have been looking at the address okay are you not from around here well no I'm from around here but I didn't know what [Applause] building it was okay okay Rob is cooperative and answers the officer's questions and provides ID upon request next officer shulk tells Robert that she is going to conduct a series of field sobriety tests I was gonna take a look at that basically I'm just gonna make sure you can track my finger and that it just uh it would show me if there's any alcohol in your system or anything okay [Music] go ahead and just take a look at my finger for a second don't move your head okay you're just gonna move your eyes for me okay just stare at my finger and I'm going to move it left to right okay you're moving your head still so just your eyes okay you'd probably be having a drink anything in your system okay have you taken any prescription medication any illegal drugs or anything because your eyes are pretty red and they're glossy probably because um actually I'm gonna have you do me a favor I'm gonna have you step out of the car so I can see your eyes a little better [ __ ] okay I'm just trying to check your eyes man make sure you're okay so just right here on my finger okay don't move your head just your eyes [Music] keep looking at my finger you're moving your head still just your eyes I know it's difficult you need a break for a second no you're pissing me off because I haven't been drinking I understand but have you taken anything else no do you take any medications maybe that would cost if you have low blood sugar or anything are you diabetic if you have any medical history that caused you to not be able to follow my finger is there anything that I need to know that's in your system I don't drink I don't do drugs I don't do anything it can be from uh I haven't taken any medication all day okay okay do you take any other medication that would still be in your system maybe because it can it can be from 100 different things okay I'm just here to make sure you're okay to drive on the road and make sure that you're not harming anyone else or yourself in the while being on the road I'm not okay so I do is storage on North side and I'm coming over here to drop it off okay who the [ __ ] was the [ __ ] culture that you're pissing me off I understand I'm not trying to make you upset okay I'm simply just making sure you're okay to drive I'm fine okay well I just I got to make sure that they're at this point okay we got a call that you were all over the roadways and I have to investigate that okay so it's simply me making sure you're okay man okay I'm not there's nothing there's nothing to it I'm just I'm gonna do this I touched on you and as long as you're good to go as long as you pass this eye test then I'm going to release you and I'm done with you okay I'm not trying to upset you okay it's important to note that field sobriety tests are subjective and ridiculous how the officer feels you performed will be used against you in court and considering that they have already created some justification to pull you over even if it was just hearsay as it was in this case that means they already think you're guilty and will be judging your test from the very beginning in a negative light the police officer who arrests you must justify why they did so in court for this reason the police will do everything they can to make observations about you that demonstrate your alleged intoxication refusing to take a field sobriety test cannot be used against you in court in most States but it will likely result in your arrest the same cannot be said about chemical tests such as a breathalyzer in this case officer shulk has already decided that Rob was intoxicated and that he was going to be arrested for oviator well I don't I don't know that you're under just the influence of alcohol you're under some sort of impairment but I don't believe it's alcohol I agree with you I don't think it's alcohol having already decided that Rob was guilty officer shulk was an Evidence collection mode over the next six minutes she will tell Rob to do the walk and turn horizontal gaze nystagmus and various balanced tests with each test a series of instructions are given one after another in Rapid succession often with overlapping radio chatter inadequate or overly extreme lighting situations uneven ground adverse physical conditions and a wave of emotions ranging from anger to humiliation do you have anything that would impair you from doing this any knee issues hip issues better than I'm nervous and pissed off okay okay go ahead and begin whenever you're ready a person's failure to accurately follow these instructions with robotic Precision usually results in a failure of the entire test even simple things like keeping your hands in the small of your back hand spin down your side I want to explain this that's keeping it did for this stopper done off camera and the department had not obtained body cams eventually frustrated enough with the gymnastics Rob protests continuing the tests I'm not drinking okay and you haven't taken anything else no okay would you be willing to provide a urine sample for me at the PD to provide that you're not on any drugs let me do the [ __ ] delivery okay I can't let you do the delivery we have to do we have to do that because right now you're gonna be placed under arrest for an OVI okay no I'm not I have not been drinking I understand you haven't been doing it but there's something that's causing you to not be able to balance there's something that's causing you to not be able to pay attention I'm just tired I've been up since 4 30. okay but that shouldn't cause you not be able to stand or walk you couldn't even walk in a straight line you know that you can't tell me that's normal okay so like I said sir I'm gonna go go ahead and put you under arrest right now we're gonna take you to the PD we'll do your urine sample or whatever you agree to do you can take I'll offer you a urine or a blood screening if you'd prefer that um and we'll go from there okay I'll explain to you what goes on from then okay there's no excuse for this right for your for the way you're you're not no for for giving me a test there's none somebody called you and called it in that you're driving improperly like I said okay so we can we can talk about Speedy okay but turn around place your hands around your back for me Rob was arrested and taken to jail where he was strapped to a chair and provided a urine sample for testing due to the arrest Rob lost his ability to doordash and lost his job as a school bus driver for Paulding Ohio because of the false OVI it took four months for his toxicity report to come back from the state labs and show that he tested negative for alcohol and all other substances subsequently the case was quietly dismissed Rob filed complaints against officer shulk and Higgins as well as prosecutor Troy Essex the agency and City Law Department investigated themselves and found the allegations against City personnel to be unsubstantiated and unfounded to absolutely no one's surprise shulk's personnel file from December 2020 noted areas that needed Improvement confidence and knowledge when conducting standard field sobriety tests during an OVI arrest and upon further investigation the original 911s were called into question as just five months prior Timothy Chase was arrested for a felony child endangerment charge he pleaded guilty and was sentenced to three years in prison it's unclear at this time whether Rob has or intends to file a lawsuit against the officers and the department but if he did it would likely be an easy win thanks for watching if you have a video use the submit Link in the description or pinned comment if you enjoyed this one subscribe and hit the bell for future content and check out our other channels lady lackluster and the odd side remember to like share and leave a comment about what you think of this interaction it's the easiest 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