run opposite closing
81170
good Riverside and West Lane standby
57 C you
hello hi my name is Officer yo up
Earlington police division reason I
stopped you I checked your speed there
on Riverside Drive I did not mean to
speed at all okay when I initially
checked your speed you were traveling 66
mph and then I locked your speed on my
radar device at 63 speed limit is only
45 any reason for your speed tonight no
I just wanted to get home okay where are
you coming from tonight from a friend's
house okay how much you had to
drink not much just a a glass or two of
wine okay about how long ago is
that I'm fasting right now so about 8 or
9:00 okay have have you had anything to
eat since then no I'm fasting right now
so I can't okay after 8:00 right now
okay uh we always ask are there any
weapons on your in the car today no sir
okay um I see you have your driver's
license you have proof of insurance for
the car as well okay can I take the
driver's license
there yes the driver's license but you
like the insurance is on my phone uh
yeah if you have it that would be great
and then just a couple quick questions
um have you been in in an accident or
anything recently had any recent head
trauma concussions anything like that
okay the only reason I'm crying is
because I'm on a program right now with
your doublin program of your driver's um
diversion program I don't want this to
affect that at all okay um is this your
car yes okay so you just got it yes I
just got it like two weeks ago okay is
there anything that prevents you from
like walking or standing no sir okay you
keep looking for your insurance just
hang tight in the car I'll be right back
up with you okay
um what's up Marco not much uh 66 on
Riverside o um pulled up she was
crying slight odor um told me that she
is fasting
had a drink which she then said was
approximately a glass or two of wine
around 8 or 9:00 um so I'm going to on
no food yep
my favorite spot to do
[Music]
ssds all right we able to find your
proof of insurance on the
phone okay AES awesome uh if you want to
just go ahead and turn the car off you
can leave your phone in the car I'll
have you step out of the car for me okay
and you already said No weapons on you
tonight yeah can I turn my window off
yeah
absolutely I'm going to step out of the
car yep that's
fine let's go ahead and walk right back
here to the back of your car okay
all right what I have you do is just
stand right where my light's at okay you
can just turn and face me keep your feet
together arms straight down by your side
okay what I'm going to do I'm going to
hold my finger here in front of your
face um I want you to just keep your
attention on the tip of my finger with
and follow it with your eyes and your
eyes only okay so don't move your head
once again just keep your feet together
arm straight down by your side just
follow the tip of my finger with your
eyes and your eyes only any questions no
sir okay
I'm actually going to hold the tip of my
pen here that'll make it a little bit
easier for you to see since I have
gloves on
all right same thing I'm going to move
it up just follow it with your eyes and
your eyes
[Applause]
only oh so just follow it with your eyes
and your eyes only don't lift your
head okay same thing just keep standing
exactly where you're at feet together
arms down by yourself what I'm going to
do is I'm going to move my pen in two
circular motions around your head I'm
going to bring it in really close to the
tip of your nose but I'm not going to
touch it okay so just follow the tip of
my pen with your eyes I'm going to come
really close to your nose but not touch
it I'm sorry if I'm scared I just I'm on
the diversion program right now so I
don't want to lose that position I can't
afford to not lose that position right
now okay
okay now what I'm going to have you do
you can stand exactly where my light's
at once you to you can turn and face the
front of my car okay take just one step
backwards for you right there where my
lights
at want you to imagine a straight line
from where you're standing up to the
front of my cruise Cruiser what I want
you to do is take your left foot put it
on that line and then take your right
foot put it directly in front of your
left foot with heel touching toe just
like I'm doing okay so you can do that
now oh so go ahead and get back in that
position I want you to stay in that
position until I tell you to start okay
so take your left foot put it directly
on that line take your right foot put it
directly in front of your left foot heel
touching toe and stay in that position
until I tell you to
begin okay when I tell you to begin
you're going to take nine Heel To Toe
steps down that line counting out loud
on each step once you take your ninth
step you're going to leave your lead
foot on the line you're going to take a
series of small steps and take nine Heel
To Toe steps back counting out loud on
each one I'm going to demonstrate by
taking three you will take nine
okay one 2 3 take a series of small
steps my balance is already bad enough
are you going to count that in two
three so what I'm going to tell you to
do is once I have you begin you're going
to take the nine Heel To Toe steps leave
your lead foot on the line take a series
of small steps nine Heel To Toe steps
back counting out loud on each one when
you're doing this I want you to keep
your arms down by your side count out
loud on each step and once you start
walking do not stop until you're
finished do you have any questions no
okay you can begin
1
2
3
4
5
6
8
12 1
[Applause]
beat it back
yep
2
3
4 5
6
7
8 9 10
11 said she was just walking back to the
car
okay now what I'll have you do if you
want to stand right here where my lights
at all right take one step back just so
we're not so close out here into the
roadway okay so just feet together arms
straight down by your side stay in that
position until I tell you to begin when
I tell you to you're going to raise
whichever foot you would like you're
going to hold that foot approximately 6
in off the ground keeping your foot
parallel to the ground and you're going
to keep your eyes on the toe that you
have lifted and count out loud 1,1 1,2
13 and so on until I tell you to stop so
just like this raise your foot count out
loud 1001 1002 1003 until you tell you
to stop you're going to keep your legs
straight arms down at your side and keep
your eyes on the toe that you have
lifted okay okay do you have any
questions no but my this foot is
shivering right now so I don't want it
to I understand it's cold so just do it
the best you can okay you can be in
whenever you're ready if you don't have
any
questions so you just want me to lift
this so you can raise you can raise
whichever foot you would like you're
going to hold that foot approximately 6
in off the ground keeping your foot
parallel to the ground legs straight
arms right down by your side and you're
going to keep your eyes on the toe that
you have lifted and count out loud 1,1
1,2 13 and so on until I tell you to
stop any questions you can begin
sorry it's cold 1 in one 1 2 Go and Keep
Your Arms down by your side and keep
your eyes on the toe that you have
lifted
78 109 11
10 112 1 13 and I was at
14 do I keep going just raise your foot
back back
up
20156
1789 okay you can stop all right now
what I'm going to have you do now just
stay in this exact same position feet
together arms right down by your side
and when I tell you to I'm going to have
you close your eyes tilt your head back
ever so slightly and you're just going
to estimate the passing of 30 seconds in
your head okay okay so feet together
arms down by your side close your eyes
tilt your head back every so slightly
not so much that you fall over and when
I reach 20 do I just say or 30 so you're
going to estimate the passing of 30
seconds in your head once that has
happened you will then bring your head
down open your eyes and tell me to stop
like bring my head down and tell me so
you'll just your head's going to be
tilted back ever so slightly you'll just
lower your head open your eyes and ask
me or tell me to stop okay okay you can
begin
[Applause]
okay all right what I'm going to have
you do walk back to the front of my
car like normally just normally there's
a there's a small red light right there
do you see
that right there
okay go ahead and just look at that
light all right go ahead and put your
hands behind your back like you're
praying
okay oh Palms
together Palms together I'm going to
lift your sleeves up here
okay so you are under arrest for the
suspicion of operating a motor vehicle
or under the influence of alcohol and or
drug
okay do you have anything on you that
could hurt me prick me poke me stick me
anything like
that okay I'm going to have you come
back this direction we'll get in the
back side of my car we'll have a female
officer come out and search you
okay oh watch out I'm going to open this
door you can go ahead and have a seat
okay we'll leave this off oh did you ask
him to go to
25 uh do you have a phone wallet house
keys in the car yes okay is there
anything else you need out of the car
other than
that
okay am not going to be able to call
anyone my family lives in Georgia I'm
sorry what was that am I going to be
able to call anyone yeah so most likely
what'll happen tonight is we're going to
go back to our station there's going to
be a female officer that searches you
okay um and then we're going to take
your finger print some photographs give
you some p uh some you know pieces of
paper and stuff um you'll have a court
date that you have to appear at and then
um we will see if you can call somebody
that can come and pick you up it just
has to be a sober adult and then if you
want to call you know family or anybody
like that when we get back there you can
have my phone because all my contacts
are in
georia well do you I know you said you
were at a friend's house is there
anybody you might be able to call no I
don't know anyone's phone number
okay well we're bringing your phone so
we can use your phone to look up a
contact I don't know so we'll bring you
know we have your phone here in your
purse we're going to take that back to
the station with us and then you can use
that to call somebody okay do you have
my key uh so your keys will stay with
the other officer um your car is going
to be impounded tonight we impound all
cars that are you know at when we
arrested the driver for operating while
Under the Influence um because you're
the registered owner it will go to a toe
you know to whichever toe company comes
and gets it um and then I will tell you
the address and contact information for
that toe company and then you can go
you'll have to come to our station get
the release form um and then take that
to the toe company and get
it
yep all right we're going to get out and
follow go around the back side of the
car here
okay go right over to the other side of
the car with that officer all right
we're going to
walk
okay where
this you're go towards the
left left this
way this one right
here take a seat in that brown
chair you guys anything no you should be
good thank you I appreciate it
out okay were you operating a vehicle
tonight
uh where were you
going so have you been
drinking in the past what
hours it just so the question just asked
have you been drinking today I haven't
drank since 8:00 because I'm fasting so
I couldn't have drinken before 8:00
p.m. you couldn't have drinken before
8:00 p.m.
yes I'm fasting right
now and what were you drinking
one and how much wine did you
drink before I started driving or
throughout the whole
day um well I mean let's just go the
whole day cuz that was all before you
were
driving I drinking until I was at my
friend's house okay so how much wine did
you have from your the time you were at
your friend's house and until I stopped
you i' got three or four
glasses but I go through like 4
p.m. on a scale of 0 to 10 with zero
representing no impairment and 10
representing very impaired what do you
think your what do you think is your
level of
impairment I request that you submit to
tests or tests of your blood breath or
urine for the purpose of determining
your alcohol concentration or the
presence of any controlled substance if
you refuse to submit to the test the
test or test you will be immediately
placed out of service for 24 hours you
will be disqualified from operating a
commercial vehicle over the period of
not less than one year and you will be
required to surrender your commercial
driver's license to me so that doesn't
really apply to you because you don't
have a commercial driver's
license um so
basically what this means is because I
arrested you um and I have prop will
cause to believe that you operating a
vehicle under the influence of alcohol
um I'm now requesting that you submit to
a breath test um if you refuse to take
the breath test and you have no prior
OVI convictions your driver's license
will be suspended for one year from
today's date if
you take the test and are found to be
over the legal limit of alcohol um your
driver's license will be suspended for
90
days and you will have a court of
appearance for the Char within 5 days of
today so are you willing to take a
breath test give me a second okay
absolutely is there anything that I can
better explain to you it says if you
refuse to take a commcial test you will
face increased penalties subsequently
are convicted the state oh yeah which
part are you are you still reading up
here what does that mean so you can look
down
because what increase will have so this
is the length of the suspension this is
the part that you that we'll pay
attention to so you have no prior
convictions of OVI so if you refuse to
take a chemical test your driver's
license will be suspended from one year
from today's date um if you consent to
take to taking a breath test and you are
found to be over the prohibited
concentration of alcohol um then your
driver's license would be suspended for
90 days
so it's either a year or 90 days
correct so what's going to happen if I'm
in the diversion program right now I'm
I'm not exactly sure what how Dublin you
said Dublin's diversion program so I
don't exactly know how their diversion
program works or what you know how this
would affect
that let's say this affect it and I
don't get those points on my license
what's going to happen now so you were
arrested for you were arrested for
operating motor vehicle on the influence
said for going over the speed limit
originally you were the original reason
for the Stop was speed um and then after
that based on the probable cause that I
observed you were arrested for operating
the vehicle Under the Influence um you
will have a court appearance that you
have to appear to in Upper Arlington
court within five business days so that
would be on this Thursday um at noon and
then you'll have an initial appearance
there and they will be able to tell you
you know what happens from
there and if I don't believe I'll have
enough then test what will happen then
what do you mean if you don't have
enough if you're saying I got pull over
because of probable cause if I don't
meet those requirements of probable
cause C if you think I'm under the
influence and I'm telling you I'm not
what's going to happen
then that would so you're going to be
you're going to be charged with the OVI
tonight um and then that would all be
that would all be handled in court with
thei operating motor vehicle or the
inflence so this all I'm asking you to
do on this is I'm explaining what the
consequences are if you refuse and then
what the consequence consequence would
be if you consent to the breast test and
are found to be over the legal limit
when you get a driver's license you sign
a form that says if you are asked or
requested by a law enforcement officer
to submit to a chemical test that you
will do so that's why the consequences
for a refusal are greater than if you
take the
test
yeah okay so you want to go ahead and do
chemical the bread test yes okay all
right let me input this information in
here um and then what I'll have you do
is I'll have you stand up when it's
ready there's going to be this tube
right here okay um when I hand it to you
there's going to be a mouthpiece that's
never been used before that I'll slide
right on to the end of this okay uh you
can just turn it back on it went dead
when my car turned off um when I tell
you to you're going to take it take a
deep breath in on my backr check right
to be able to get a job
again so like I said you're being
charged whether you're convicted of it
or not okay whether you're being convict
check right if you're convicted of it
then yes most likely um but and if I get
a lawyer I'm just not going to be able
to drive again for a year but you're not
going to take that
test so if you take the test and you're
found to be over the legal limit your
driver's license would be suspended for
90
days if you refuse to take the test it
will be suspended for a year and then
that will be that will stand and at
least until your initial appearance in
court which will be on Thursday and then
the court will decide what happens with
your driver's license from
there but since you said you're going to
take the test I'm get no do you realize
I'm alone here I don't know who the [ __ ]
I can call
please
give okay I can give you another couple
minutes but after that we have to make a
decision okay
who if I decide to call someone are you
going to let me call someone yes I'm
going to let you call somebody as soon
as we're done with this then he's going
to take your fingerprints and
photographs and then you can call
whoever you would like to
call if you have an attorney you're more
than welcome to call the attorney now
but you'd have to have that contact
information and everything already
memorize right if you have it in your
phone to take if I take your
test and I am over legal then what your
driver's license is suspended affective
immediately for 90 days 0 days someone
has to pick me up and then what what
happens you have a court date on
Thursday and after that it's that Court
dat is to decide just to pay the Fe that
will be your initial appearance well
you're not going to go to jail um will
be your initial appearance and then you
will either plead guilty or not guilty
and then it'll go from there can I go
home tonight yes you're going home
tonight either
way can I go to work
tomorrow you can't drive to work but if
you're sober and you would like to go to
work and you can find a ride to get
there then
yes I don't have anyone else to call so
it's not like my mom can come here from
Atlanta
so I have to do whatever you want me to
do I this is completely your decision
like I said I don't have any other
choice I just want to go home so please
just well I you have to make this Choice
freely and willingly whether you want to
take test fre and willingly I just want
to go home okay so you want to take the
breath test yes okay so what I'm going
to have you do when I tell you to after
I put this information there's going to
be a mouthpiece on here you're going to
come up take one deep breath in and then
you're going to blow into it and keep
blowing until I tell you to stop but
whatever you do don't remove your mouth
away from it and suck air back in okay
just keep blowing as long as you can
until I tell you to stop
okay okay have you come up
here you can stand right here as soon as
I click this button it's going to
instruct you to blow so you'll take this
take one deep breath in and then just
keep blowing in it until I tell you to
stop
okay go ahead blow blow blow blow blow
blow blow blow blow blow blow blow blow
blow keep blowing keep blowing keep
blowing keep blowing keep going keep
going keep going keep going keep going
keep going keep going keep going keep
going keep going keep going keep going
keep going keep going keep going keep
going keep going keep going keep going
keep going keep keep
going keep going keep going keep going
keep going keep
going keep going keep
going keep blowing keep blowing keep
blowing keep
blowing keep blowing keep
[Music]
blowing keep blowing
keep
blowing
happen all right so you're going to
have I'll kind of explain to you
what so I came back with an invalid
sample because what was happening was
you were blow and then taking a break
blow and taking a break that's why it
was taking so long you probably feel
like you're completely wiped now right
because you kept going at it so on the
next one what needs to happen yeah but
you need to you need to breathe in as
much as you can and it's a long slow
steady blow and it needs to be like 30
seconds long you just need to do this
slowly let it go in and just keep on
going and not stop at all put this
back um
so did you kind of understand what he
was telling you so before you come up
just take it's trying to read it's
looking for deep Long air okay so big
breath in and then a slow and steady
continual breath okay that's the best
way for it to work I know it feels like
you have no more air to to blow just
slow and steady as long as you can but
whatever you do don't stop and take a
breath and then keep blowing
okay okay you can come up here I'm going
to press the button and then take that
big deep
breath you ready
okay go ahead and blow keep going keep
going keep going keep going keep going
keep blowing keep blowing keep blowing
keep blowing keep blowing keep blowing
keep blowing keep blowing keep blowing
keep blowing keep blowing keep going
keep blowing keep blowing keep blowing
keep blowing keep going keep going keep
going don't stop don't stop just a
continual breath keep
going
okay keep
going keep
blowing just go as long as you can just
go as long as you can as long as you can
until you feel like you're going to pass
out
keep blowing until you feel like you're
going to pass
[Music]
out I guess that's going see what
happens you go
ni this thing's being weird
[Music]
call Phils on that it's
just understand
[Music]
I've never seen this
before all right we're going to take
your uh
photos am I being
arrested you were arrested earlier yeah
but when he arrested you on the scene
for
obbi so what happening right now why
would I be like go
home what's that like what's happening
now like why would I be let go home why
would you be let go home because he said
I'm going home ton because we're going
to give you your paperwork to show up
for court and we're trusting you that
you would show up for court if you don't
show up for court then the issue will
Warr for your okay so that's better than
taking you to the jail because we don't
feel like you deserve to go to jail for
an
OVI what's an OVI operating a vehicle
Under the
Influence all right so what is so what
what's supposed to happen at court um
the judge will decide on whether you're
guilty or not and decide what to do with
your license
[Music]
okay so since this thing is not um you
know having trouble getting a complete
sample um are you okay with doing a
urine
test you want to take another test well
so that one it read incomplete because
it didn't get a valid sample from you
I was under the impression that I can
just go home and disappear at
court well so I'm asking I'm asking
because it didn't get a because it
didn't get a valid sample I just asked
for a lawyer will I still be considered
not willing to obligate so you'll either
do the chemical you'll either be consent
to the urine test or I'll just mark it
as refused and we'll be done with
it and then I'll appear at court and
you're going to appear at court on
Thursday either way
yes is there anyone I can talk to
without having to pay for
them I'm not sure what you mean by that
like an attorney yes without having
there's a there's usually a quarter
pointed
attorney
okay but because this came back negative
it's not working cuz the way you're
blowing into it it's not working right
he's given you the option to take a
urine test he but if I just want to talk
to someone to make sure I'm doing things
right will that count against
me you can say no right now yes I want
to complicate things when I go to court
I don't want to seem as insubordinate
but I also don't want to just be taken
advantages because I'm at loan I don't
have a lawyer with me
so if I wait and have someone next to me
that can appoint
me that can tell me what to do without
me getting in trouble I want to do that
we can't we can't do that right now cuz
we're not liable to do that okay okay so
that's something for the
courts you know how much it would be for
me to wait and get a
lawyer so you can have a public defender
appointed to you when you appear in
court but other than now I have no idea
if that would even be possible I I don't
think that would be possible any your
questions and I just want to talk to a
lawyer you can refuse you can refuse to
submit to a chemical test if that's what
you want to do it's not that I want to
submit but I just I I tried but I I
don't have anyone to talk
to well we need an answer because we
have to I just want to talk to someone
instead of just you guys I'm just going
to mark it as refuse then okay all I've
been talking is to you guys I have no
one else to talk to I'm alone here I
know that's frustrating but I I'm just
explaining to you the process I
understand I just want to talk to
someone that can be on my
side you want to finish these up and
stable that
and for that
all right is there someone recording
this that's all being recording right
here there one right here okay thank you
y hey Jennifer we're going to take some
pictures now okay okay give me a second
yeah you're
fine I just want someone next to me that
can explain things to me
I me you can document what what you saw
get up
to you ready yeah okay go ahead and
stand
up go right back against the wall
a little
bit to the right little bit to the right
my
right over this there you
go all right now look straight at
me look up here
yeah that picture is terrible
why is I wish it would zoom
in I don't know all I just need to look
that
way a little bit more
[Music]
okay all right now I just need you to
look that way
all right do you have any tattoos yes
where
at my whole left arm okay can I see your
left arm I to take pictures
of I don't have a shirtt underneath my
hoodie no you can just what this
so it's a p here so i' have to take off
my hoodie no I don't want you to do that
you can't it starts here okay I have one
right here but it starts here up here
can you is there any way to lift that up
to
yeah just do the best you
can okay
yeah all
right destion left
arm left upper
so when I go to court what's going to
happen I've never done this before I
show up and what
happens can you let me see the line is
that a
line all right so I get appointed a
lawyer and what happens then want to
know you get appointed a lawyer okay
what do they help me do you guys they're
not telling me anything what did they
help you do yes I've never been in this
situation so you'll show up for court
this is just your initial Court okay
okay you can at this point in time talk
to somebody whether you want to plead
guilty or not guilty okay you can say
you would like to court appointed
attorney okay there would be somebody
there they can help you with the
decision on whether you should plead
guilty or try to take it to trial okay
okay and then from there the judge will
decide based off your decision and all
the
paperwork whether he is going to Grant
you driving privileges or anything like
that okay okay does that
help how do I get in contact with a
lawyer do I just you want you want to
hire one and take one with you do I just
like are you guys in my division like I
was 5 minutes away from home so are you
guys feeler police no we're up
Arlington so would I have to get like an
Upper Arlington police officer or sorry
attorney attorney
no you can hire any attorney they're
they're allowed to get how can I get one
that's like with the state that won't
cost me that much they're all going to
cost a
lot the cheapest one is the one the
court appointed attorney when you get
there cuz that's what I'm saying like
you will have them yes they will talk to
you before you go up and make your
decision
[Music]
okay see time it is it is
107 okay um I'm going to give you your
phone you want to call try to make some
phone calls to see if somebody can pick
you up sober adult yes let them know
probably be about another 20 minutes yes
maybe a little bit longer before you can
get out
hello do you think you can come pick me
up from the police station
am I allowed to send him the address to
come pick me up M okay I'll send you the
address you can pick me up just make
sure you haven't drank or anything
okay okay I'll send you the address
okay okay
bye two things here for you um the first
is the traffic citation for the original
stock and then also um the Obi the Obi
is a traffic offense
okay court date for both of these is on
January 18th 2024 at 12:00 p.m. noon in
Upper Arlington Mayor's Court that is
where you're at today 3600 Tremont Road
your personal appearance is required
okay I've already got your information
and everything on here last thing I need
from you is your signature across the
top it's not in admission of guilt just
says that you received the citation from
me on today's date and I answered any
questions
have this is for me to show up on
Thursday so this is the traffic citation
this is basically showing that you were
stopped for the not an admission of go
it is not an admission of go this is
just signing that you acknowledged that
you received the citation from me on
today's date and that you are required
to appear in court on the 18th yep keep
it turn sideways and that's is it best
to do signature or initials
signature um let's go outside we got to
get him to sign
this car keys should be with the car if
that's what you're looking for
no he's going to get impatient and I
don't want him to take off so no I'm not
talking about that I'm just want to make
sure everything's in here to I can get
into my house okay
y we'll have him come in here so he
can it's too cold out there to try
usually I do on top that trash
can hello it's too cold out there to do
it out there yes
so on in you have your ID on you
all right so what I need you to do m is
responsible party signature you're
basically going to sign this date it and
all this extra information down here
okay make sure I got all this I just
want to make sure tomorrow morning I
come back here to ask for permission to
get the car not that I'm driving it but
just to get it out of the pound and into
my parking lot so I don't have to pay a
cured cost M okay yeah no you're good on
that
all right um but I have to come here
first to ask for that paper just okay
yep so all right you guys are good thank
you all right do you have any other
questions that I can answer before you
leave so okay thank you
yep thank you yep
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