You know sir, you put your finger at me when you're talking, but this is my traffic stop, so >> You what? >> This is my traffic stop. >> So? >> Okay, so I'm in charge of this right now. >> Why are you >> saying you're not going to You're not going to consent to doing any field sobriety exercises? >> Correct. >> Okay. >> I'll do a breathalyzer. >> Okay, that's fine. So, here's the deal. You're saying you have medical issues that you can't conduct field sobriety exercises? >> Absolutely. >> How's that going to hurt you from doing exercises? >> Cuz of your attitude. >> Okay, my attitude. >> Yes. >> Raise your hand if you've already identified the bully on the scene. He didn't even know why this old man was pointing at him. He wasn't doing anything sarcastic or aggressive. >> Well, this is my traffic stop. You can point at me all you want to. >> Why do you have to be such a bully? I love this guy. God bless him for his service to this country going to Vietnam, and this man survived it and lived to tell about it. Let's watch how he handles these cops. You might think you're in charge, officer, but you ain't winning this one. So, let's start this video from the beginning and see how we got here and how this refusal of the field sobriety test works out for this man. >> Are you registered owner of this vehicle? Okay, can I get your license, registration, and proof of insurance? Reason for the traffic stop today is says your license is not valid and your registration is not uh up-to-date. >> That's done. >> Okay, so why are you driving? >> Let me stop right there. I'm just making note that this man wasn't speeding. He wasn't driving too slow. He wasn't running red lights or stop signs. He didn't show any of the 22 driving cues that you look for for a DUI driver. He doesn't look to me like he's impaired. I know I wasn't on the scene. I don't smell anything, but I promise you this cop don't smell anything either cuz this man don't drink and the cop don't know that yet. Let's watch. >> Okay, well, what I need to do is turn off the vehicle first, and I'm going to have you step out the vehicle. You're not drinking anything. Step out the vehicle. >> You what? >> Step out of the vehicle. I've asked you already three times. >> Calm down, buddy. >> [laughter] >> Calm down, buddy. I love this guy. >> Give it a rest. >> Sir, we're both going to be standing in traffic, and I'd rather you to out the vehicle like I asked you twice. >> Third time's the charm. >> Okay. I'll step to the back of the vehicle. >> Notice how this cop wants to be in charge. This man handles this boy. I love him. >> What's the attitude? >> Because you're not listening. And you're driving without a license. >> I think my driver's license >> No, it's not valid. >> I know. >> How much have you had to drink today? >> Not very much. >> No, how much is not very much? Do you know that now? Okay. >> Not very much is not the proper answer for how much have you had to drink today. This old man hadn't had anything to drink today. Spoiler alert. He doesn't drink alcohol. It just gets more and more comical. This is a great video. Watch this. >> Why is your license suspended? >> It's been that way for a year. Almost 2 years. >> Okay. So, you can't drive without a license. So, you don't have a license today. >> For me, I got a driver's license. >> Yeah, it's not valid, which means you do not have a driver's license. >> Huh? >> You have an FR suspension on your driver's license, which means you do not have a driver's license. It's not valid, which means you can't >> Suspensions. >> Financial res- Financial s- responsibilities. >> Is FR stands for? >> So, which means you either didn't didn't pay a state You didn't pay a ticket or you didn't pay your insurance, whatever it was. And Or the your tag is expired. >> I know that. >> Okay. Have you had a citation? >> I >> Have you had a citation for that before? >> No. >> Okay. >> Been on it. >> So, how much did you have to drink today? >> I don't know. Not enough. >> Not enough. Okay. Well, you're unsteady on your feet getting out of the vehicle and so what not. So, are you going to um what's what's going to happen at this point is are you going to um consent to field sobriety exercises? >> Absolutely not. >> You're not going to consent to field sobriety exercises? I really would appreciate it if you did because otherwise I'm going to have to make my decision >> on a hold. >> I'm going to I'm going to to make my decision >> I'm 78 >> I'm going to have to make my decision off of my my observations without going through any exercise. >> That's what cops will always say, if you don't take these tests, I'm going to have to make my decision based upon my observations so far. Well, let's talk about what you've observed so far, officer. You've observed no erratic driving, none of the 22 driving cues that you look for for a DUI driver. You've smelled nothing, even though you will lie and say that you did. This old man offers to give a breathalyzer. You're going to learn he doesn't drink alcohol, but he's not going to do field sobriety test. That's exactly what I would have told him to do if I was standing there with him on the scene. If you've had nothing to drink, heck yeah, you're going to take a breathalyzer, but you're not going to take any of these field tests. I don't care if you're 78. I don't care if you're 40. You don't take these tests because they're designed for you to fail. >> This guy is telling me what I got to do and all. >> Well, he's he's he's basically talking to you about like do you have any medical issues where >> Absolutely. >> You could not >> I function as a I'm a disabled combat veteran from Vietnam. >> Okay. >> I appreciate your service. Thank you for that. We do appreciate that. >> Well, the good cop appreciates it. Bad cop is still being a bully. He won't become what I call friendly, but he'll tone it down a little bit in a few minutes. >> I'm not going to do no field sobriety. >> Okay. >> I'll do a breathalyzer. >> Okay. Cuz you're just you know, you're kind of have a talking like you have a thick tongue slurring your words just tad bit. So, I'm just want to make sure. >> Cuz I'm old. >> Whose license Whose license is this? >> Cuz I'm old. >> Is it valid? >> Yes. >> You can't have a license in two different states. >> I don't. >> Yes, you can. 100% can have a valid license in one state and not valid in another state. If you have a valid state license anywhere in the union, you're able to drive anywhere in the union. I call it the union, it's the United States of America. This man has a valid license. You keep saying it's suspended. It's not. >> Where's the other license at? >> No idea. >> Do you have any tools? >> It's a seized vehicle and the owner is driving it, so >> Yeah, I might actually tow your vehicle, too, so >> What's wrong with this guy? >> I don't know. I'm just doing my job. I'm just doing my job. You have to let him do his inspection, though. >> Yeah. You guys usually live in Michigan? >> That's what I'm trying to tell him, but he won't listen. >> So, the driver's license is out of Michigan. >> Uh-oh. He's getting it out of his wallet. >> You know, sir, you put your finger at me while you're talking, but this is my traffic stop, so >> What? >> This is my traffic stop. >> So? >> Okay, so I'm in charge of this right now. So, you're saying you're not going to You're not going to consent to doing any field sobriety exercises? >> Correct. >> Okay. >> I'll do a breathalyzer, though. >> Okay, that's fine. So, here's the deal. You're saying you have medical issues that you can't conduct field sobriety exercises? >> Absolutely. >> What kind of medical conditions do you have? >> Well, I got PTSD, which is certain here. So >> And that's going to help That's going to help That's going to hurt you how from doing exercises? >> What? >> How's that going to hurt you from doing exercises? >> Because of your attitude. >> Okay, my attitude. >> Yes. >> Make sure I put that in my report. >> Yeah. And I I'm diabetic. >> Uh-huh. And how's that going to affect your exercises? >> What do you think? You get dizzy and ill when your sugar goes up or down. >> You should probably shouldn't be driving then. >> Probably not. >> And you don't have a license to drive. >> Do what, darling? >> I do have a license. >> Yeah, of course. How are you I'm definitely Miller. >> I'm not being derogatory, but I want to tell you he's a 100% disabled veteran. >> And that way since the end of Nam. >> Yeah, he told me he's been on it since '05, which is fine. >> And that's not And it's not funny that he can't do stuff. >> 100%? Not at all? >> Well, he's being made a fun of right now. >> I I think he's not understanding the way that deputy's talking to him, but that's what we're trying to talk to him if he's had anything to drink. >> Don't even drink. We don't drink. >> Has he had any medication today or anything? >> He takes meds, a lot of meds. >> Did he take them today? Did >> Yeah, he has. Some he takes them and some at night, but they keep him on a straight course. >> Yeah. Okay, Mama Bear. Don't be telling these cops all the medication your husband's taking. This cop is determined to take him to jail for DUI. You can get a DUI on medication. So, don't be volunteering that kind of stuff. >> Huh? He said he hadn't had anything to drink or anything like that. >> Who? Him? >> Yes, ma'am. >> He does not drink. >> Okay. [clears throat] >> Zero. Zero for years and years and years. >> He does not drink. Zero, she says. >> Can he be driving, then? >> Probably not. >> And you don't have a license, so you really shouldn't be driving. >> I do have a license. >> It's not valid. >> Yes, it is. >> What I'm going to need you to do right now is I'm going to need to put your hands behind your back. You're under arrest for DUI. >> You placed him under arrest for DUI. He did have kind of a thick tongue. He was eating something at the beginning of this stop. The man don't drink. He's going to be shocked in a few minutes when he learns that this guy doesn't drink alcohol. >> You have anything on you you're supposed to have? Let go of that. >> But can you put it in my >> Let go of that. You're not taking it with you, so let go of it. You just can't bring it inside the jail. So, I'm going to put it in your I'll put it in >> Put it in my damn pocket, so I don't lose it. >> It's not going to the jail. The jail The packets are going to the jail with you. Yeah, at this point you're under arrest, so >> What happened to me? I got a sunburn. >> Well, if you weren't drinking and driving and driving without a license, it would be none of that. >> Why don't you give me a breathalyzer test? >> We're going to. When you get to the hospital. >> I get >> Or when you get I'm not at the hospital, I'm in jail. Ma'am, this is all his belongings. He's going to be under arrest for DUI this time. >> DUI? What's that mean? >> It means he's under the influence of alcoholic beverage. >> He is not. He never drinks. >> He said he did drink. >> When? >> Just now when we were back there multiple times. Would you like to carry your stuff, ma'am? >> He couldn't have said that. >> Okay. I have it on body cam. You're more than welcome to request it and then you can watch it. >> That's this officer's evidence. He said he did drink. That's it. No test cuz the guy won't do any test. He's convinced that this guy drank because he said, "How much you had to drink today?" "Not much." "How much is not much?" "Not enough." You didn't ask him if he drank alcohol. So, it tells you a little something about this officer. >> She's saying you never drank. You don't drink. You said you did drink. >> I did not. You said, "How much have I had to drink today?" I says, "Not much." >> How much did you have to drink today? >> Not much. >> And I said, "How much is that?" You're unsteady on your feet, you're slurring your words. What did you take today? >> What the hell? I'm 78 years old. >> all these I hear all this stuff, but are you are you under the influence? >> No. >> So, what did you drink today? >> I had a couple of Dr. Peppers. I had a water. >> No alcohol? >> No alcohol. >> Not one bit? >> Not one. Give me the damn breathalyzer. >> What are you going to do now, officer? I mean, he may have taken medication that you could argue impairs him. I think he's probably taking psych meds that you want him to take when he drives. Let's watch the rest. >> Why don't we Why don't we Why don't we go ahead and do field sobriety exercises? You don't have to go all the way up to the jail. >> I'm going to do Sure. I'm 78 years old. I'm diabetic. I got PTSD. >> Have you taken Have you taken Have you taken any Have you taken any Have you taken any Have you taken any medication? I am over talking you. Have you taken any medication? That you're not supposed to know about? >> Good. Good answer. I'm not going to talk to you anymore. That should have been your answer from the jump. Well, have you taken any medication? Now, he wants to turn this alcohol DUI into a DUI. And you should shut down at this point and not answer any further questions and dare him to arrest you. >> Hey, listen. Listen, here's the deal. Here's the deal, bud. You're driving without a license. You're going to jail anyway. >> I ain't driving without a license. >> He has a Michigan license that's valid even though his Florida license might say invalid for financial responsibility, he's still entitled to drive on his Michigan license. It's valid. He can't convict him [music] of driving without a license. >> Stand up. >> Do I? >> Stand up. Turn around. I'm going to take those cuffs off you while I talk to you real quick. No, I mean I don't have to. I'm just being nice. >> Oh, you're going to be good cop now and take those cuffs off of him while I talk to you. From the jump, you didn't like this guy. You didn't like the way he handled you, and he did. And this guy didn't like it, not one bit. >> So, here's the deal. You have two licenses, right? >> Not that I'm aware of. I'm telling you Listen to me. >> Don't raise your voice at me. >> don't over talk to me. >> Talk with me like a man. >> I tried to, but you're not listening. >> You know >> Okay, you have two licenses. One's in Florida. It's not valid. You have a valid one out of Michigan. Florida law says you can't have a license in more than one in more than one state. So, you have one in another state. I can issue you a citation for that. You also have a registration that's out of date. It also has a seize tag order on it, which means I take the tag with me and you don't get it back, and you're going to have to go apply for a new one, which is a couple hundred dollars. Do you understand where I'm going? Okay, you're saying you didn't drink. I don't know if you did or didn't. I don't I don't believe that you didn't. Your wife says you did. I did I'm sorry, your wife said you didn't. Your wife said you didn't. She Here's the deal. Let me explain something to you. Your wife said you didn't. Truthfully, with the with the driving without a license for the Florida license, I can still just I can still arrest you. I don't need the DUI. None of that matters. But, I'm going to cut you a break. I'm going to cut you a little bit of a break. I don't have to do this. I don't have to do this at all. Your wife said she'll drive the vehicle. >> Really? You're going to cut him a break? Golly, officer, you're the nicest officer I ever saw. >> Your wife said she'll drive the vehicle. I'm going to let her get in the driver's seat, cuz now she's in the driver's seat and you're in the passenger's seat, I can't take the tag. Understand? >> Yeah. >> That's not true. You can take the tag if mama's in the driver's seat. You're just backpedaling now cuz I think you're feeling a little sorry for this guy at this point cuz you know he hasn't violated the law. So, they're going to let mama get in the driver's seat. They're going to let her drive away. They're not going to tow the vehicle. They didn't arrest him for DUI, which is was the right call. Using officer discretion here was the right thing to do. And so, I'm going to tip my hat to this bully cop anyway. I think he was a bully. I've got no sympathy for bully cops. I just don't. I like mama and pops. He's a nice guy. He's a Vietnam vet. He should have been released on GP simply because he's a combat vet from Vietnam. That's what I think. Comment below, tell me what you think. We got this raw footage from Detroit Car Society on YouTube. Go give them the credit they deserve and thank them for this raw footage.