my kids there now my grandson hey Kelly
babe hi I'm officer ala po Beach police
do you mind if we have a conversation
outside
yeah I'm making a Cas on us my grandon
for his freaking birthday party today at
my birthday party your birthday wait
today yeah today's your birthday yes oh
it is I my my stand here grandson up to
the freaking oh the rods no no flying M
Brothers I don't know what that is you
don't is it like an amusement yes oh
okay like a little showand it's the band
oh the band the band JS band Janks okay
so that's what time do you guys get
there oh
probably uh they they start at 2: so
3:00 3:00 you know what time it is now
call you know what time it is now
without looking at your watch too late
sorry it's okay that's okay um it's okay
it's about 9:30 okay 9:30 uh but I was
really just hanging out after that um
are you really going to make they really
make a federal case out this well it's
not a federal case but yeah we have some
investigation to do and then we're just
going to keep going right so um really
embarrassing never this ever that's okay
what's uh what day is it
today what day is it it is Saturday
today Saturday say
Sunday which
one Saturday Sunday Sunday okay what
date I'm on vacation it's really
throwing me off he that's okay that's
okay what day it's my birthday week I
know it's okay 20th 20th okay all
right uh my birthday's the 18th and
today is not the 20th today's the
22nd no it is not yes it is that's okay
um the next thing we're going to do I'm
going to exp I'm I'm explaining
everything to you killing me I know
that's okay killing me all right what's
your highest level of Education
12 uh graduate high school yes okay so
you understand the English alphabet
that's yeah that's all I'm getting down
to all right all right
so I'm going to explain what I want you
to do and then when I tell you to begin
I want you to do that okay yeah know I'm
going to have you recite the alphabet
starting from a I can't do that on a
good day reciting the alphabet yeah well
backwards we're not doing backwards no
we're not doing backwards okay yeah so
we're so you are going to recite safe
everybody the alphabet from A to Z
starting from a all the way to Z like
this a b c and so on to Z without
singing or grouping okay okay you do
that for me absolutely ready a b c d e f
g h i j k l m n o p q r s t l u v Q RS t
o u v okay cool thank you all right next
test we're going to do you want to
take that's okay you want to take like
two steps
backwards This Way backwards this way
nope wrong way This Way backwards you
said yeah you were facing your backwards
yeah okay all right we're gon no no no
you're good now we're good we backed up
all right you're good you just take two
steps away from me yeah perfect right
there all right this test is called the
walk and turn I'm going to explain
everything to you okay and demonstrate
it never ever I'm 60 years old never
Happ okay I'm saying I'm saying I'm
soing you know this is this is the next
test we're doing okay what are we doing
all right do you have any injuries to
your back knees legs
ankles no but I have a lupus so lupus
just but that's the okay um I don't know
if you'd be more comfortable doing it
Barefoot or you you want to stay in your
flip-flops what do you me do we're going
to be walking you would you be you're be
good to do it in the flip flops okay
okay just make sure all right I'm going
to put you in the starting position okay
okay the starting position is going to
be your right foot in front of your left
touching heel or toe arms at your sides
so it look like
this can you get in that position for me
sure no no no just facing me though oh
facing yeah I'm just doing this I'm
doing this so you can see it okay so so
imagine me facing you okay right foot in
front of your left touching Heel To Toe
arms Loosely by your
sides got
it that way no you're supposed you want
to go to you face me oh jeez put your
right foot in front of your left oh
touching heel the tow arms Lucy by your
sides
don't no no no no don't walk at me I
want you to stand like this you
understand yes you understand what I'm
trying to explain to you stand to you
facing me you're going to stand in this
position with your right foot in front
of your left foot touching Heel To Toe
arms Lucy by your sides oh okay while
you walking at me go away get back up
get away from me said go no I said no
facing me you're not walking okay
there's no walking involved yet
absolutely Z walking get out instru
thought I was supposed to walk no I I
didn't even give you the instructions
yet oh crap yeah so only thing we're
doing just okay the only thing we're
doing standing okay you were standing
with our right foot in front of our left
like this got it touching heel tow arms
Su You by our sides like this can you
get in this position absolutely oh with
my new shoes
yes you good yes you touching H tow yes
you are yes yes oh he the
toe what he the toe okay I want you to
stay in that position until I tell you
otherwise do you
understand you understand you're staying
in that position till I tell your wise
okay
yes yes wait no no because we're on an
incline hold on we're on an incline you
want to go on the sidewalk yes that'll
make it better yeah all right give me
one sec okay okay yes get the popcorn
out of the way okay looking good all
right stand right foot in front of left
touching heel or toe arms Lui at your
sides all right cool stay like that
until I tell you otherwise you
understand yeah all right
cool you're going to from this position
what I instruct you to you're going to
take nine Heel To Toe
Paces counting out loud each step for
example don't start until I tell you
stay in that position you told me you
understood right stay in that position
until I tell you otherwise
from the starting position again you're
going to take nine heel toe Paces
counting out loud each step like this
one stay stop go back in the starting
position no I you told me you understood
my instructions right I did I need you
to stay in the starting position until I
tell you otherwise how can you do the
test ready no no no how can you do the
test if I didn't show and explain it to
you I thought you said go no no no no no
no gotta heel the
tow right foot in front left heal the
tow cool from the starting position
you're going to take nine heel of toe
Paces counting out loud each step I'm
doing it you're just watching right okay
so one two three all the way to nine I'm
only doing three cuz I'm demonstrating
okay on your ninth step with your lead
foot you're going to take a series of
small pivots
turning yourself around you're going to
take nine heel a toe Paces back counting
out loud each step one 2 3 all the way
to nine once you start the test do not
stop okay imagine please get back in the
starting position tell me hey guys walk
around tell me when getting this I want
to be in the starting position you're
not touching Hill tow you having trouble
with your balance no okay this it's like
the fifth time of ass this it's really
tough okay go ahead okay that's fine
imagine there's an imaginary line you're
walking that imaginary line right okay
do you remember the instructions I gave
you nine
steps yes yep okay I want you I want you
to be in the starting position you keep
moving your
feet you're in the starting position yes
all right you understand the
instructions given to you yes you may
begin ready when you're ready you may
begin wait you didn't tell me though
like when nine steps are you ready hold
on when I ask you do you understand the
instructions given to you and you say
yes you know what that tells me
everything I just explained you
understand when you're ready to start n
steps yes okay but hold on let me talk
and then we'll we'll I just explain the
test to you
right yes right okay
and I ask do you understand the
instructions given to you you say
yes and when I tell you to begin you
don't know the test that either tells me
you're not paying attention or you're
having trouble following along and
that's okay you're scared to death okay
you want me to re explain the test for
you yes okay I'm I want you to get I
want this has never happen in I know but
I want you to get in the starting
position I'm in you got to touch heel
towel you're not touching he towel okay
you're still not but that's fine okay
from the starting position touching heel
of toe you're going to take nine
Paces okay yeah you're really supposed
to be you're really supposed to be in
the starting position I'm in position
okay you're not
you go ahead
n what's your Kelly right okay Kelly
please listen to me you're not in the
starting position you're
not are you having trouble this is never
happen to me are you having TR are you
having trouble no I'm just scared of
that and that's okay I'm nervous too I'm
always nervous okay okay you having
trouble staying like this no you're not
no except my Loop your Loop okay would
it be more comfortable for you to stay
like this no I'm good you can stay in
this position for me I think I'm okay
right now yes Stay Don't Put Your Arms
loosy by your sides stay like that okay
like that yep from the starting position
pay attention please this is the the
second time explain okay go go from the
starting position you're going to take
nine heel toe Paces Counting out loud
each step touching heel the toe one
don't oh don't go don't go yet
no
two three all the way to nine okay on
your ninth step with your lead foot
yeah you're going to take a series of
small pivots like this to turn yourself
around then you're going to take nine
heel the toe Paces back touching he toe
counting each step out loud one two
three all the way to nine once you start
the test do not stop like I said my best
that's that's fine picture the you're
walking the imaginary line okay straight
line do you understand the instructions
given to you you do when you're ready
from the starting
position just not great right foot in
front of left touching heel the tow Arms
loely by your sides okay you're in the
starting position yes you
sure okay when you're ready you may
begin okay that's fine when you're ready
you may begin
yep okay one Kelly Kelly straight line
we're walking this way I'm walking this
way so you can see it oh right okay
we're going this way y one 2 3 4
5 back one 2 3 4 5 six seven eight n
okay all right cool that's fine we're
going to do one more test okay we're
going to do the one leg
stand I want you to stay this is the new
starting position okay feet together
Arms loosy by your sides you can do this
one this one's easy okay nice and you
and this is all you're doing okay just
like this don't stay in that position
until I tell you otherwise
okay I have I have to say it that's all
I say all right not I'm not trying to be
mean or nothing so stay in this position
until to other you understand yeah cool
okay with the foot of your uh Choice
okay you're going to raise it
approximately 6 in from the ground like
so foot parallel to the ground toe
pointing forward knees locked so there's
not no Bend no slack that I have a
little bit okay I'm going to take it
into your considerations arms Arms by
your sides okay keep and then these arms
arms no good out here down here Arms luy
by your
sides okay we like this and you're going
to count out loud don't start until I
tell you to get back in the starting
position there you go you're going to
count out loud 1,001 1002 1003 and so on
until I tell you to stop while you're
counting stare at your elevated
foot okay okay tell me you understand
the instructions given to you you said
you have Lupus obviously I'll take every
that's fine everything you're doing will
be taken into consideration okay all
right you understood the instructions I
gave you just hold my foot
out uh okay all right that's not what I
said to you you say to me yes you said
put my foot out and focus on my foot
okay right Am I Wrong what am I am I
wrong that's not that's not what I say
you say okay sorry again we're going
back when I ask you you understand the
instructions give to you and you say yes
and then you have you then you don't but
you're just I feel like you're just
saying yes you're not totally never done
this and that's fine but then if I will
explain to you again okay and when I ask
you do you understand if you have a
question say I have a question or I
don't understand explain it again okay
don't say yes and then when you're ready
to start be like I don't know what I'm
doing oh that mean cuz that to me to me
it means you're not paying attention to
me you're too cute I'm sorry okay that's
fine all right you're in the starting
position which is fine yes with the foot
of your you're choosing you're going to
raise that leg approximately 6 in from
the ground like this okay no not until I
tell you to stay in the starting
position your legs going to be locked
out right knees locked no Bend right
straight out foot parallel to the ground
you're staring at your elevated foot
arms loose you by your sides you're
counting out loud each step or each each
uh count right 1, one 1002 1003 and so
on till I tell you stop
yeah you understand the instructions
given to you I do but I don't know if I
can do it but yes that's okay we're here
to catch you all right all right when
you're ready you may begin tell me when
when you're ready you may
begin I can't I can't do that on a good
day cuz I have really bad lupus okay yes
not a problem all right okay I will try
okay how much do you have to drink at uh
jckson not a lot what's not a lot okay
like uh course light drafts like every
other what's every other I was at my
grandson's birthday party you just got
into an accident it's my grandson's
birthday party okay to be honest a lot
what's not a lot not a lot what's not a
lot I okay
four in the course of how
long four year four hours four hours she
had one every hour give or take yeah
give or take okay it's my grandson's
birthday party okay fing mother Brothers
I raised my kids with them listen you're
too impaired to be driving no I'm not
yes you are right you are turn around
put your hands on your back you're under
arrest or drive turn around H turn
around turn around and put your arms
please don't it's happening no it is not
happening come on honey please you got
into a car please don't do this you got
into a car accident okay stop please
stop stop pulling away stop not pulling
Kell yes you are Kell serious yes you
serious dead
serious come on honey are you serious
dead serious I've lived here for all my
life we doing that yes relax your arms
babe please all right you know what I'll
do it again let me do the test again
it's over your guy nope
over I have to lock these okay Grand
birthday party
okay okay no way
way way are you really doing that we're
going this way okay you you're involved
in a car accident okay oh my God are you
kidding me honey yep no I'm not kidding
you excuse me you're really kidding
me she's got no pockets that's fine so
it's all good what what you doing we
don't have a female close by do we
headquarters stop no
way ke it's happening why are you doing
that I live here doesn't mean you can
drive in pared please get I'm not
driving in pared I I have we we get more
time I have Lupus okay that's
fine swing your foot up okay I'm going
to buckle you in all right
stop Jesus are you serious yes it's my
birthday okay my grandson's birthday
okay are you really doing this y you're
really doing
this never never had my life ever 62
years old I've never had this
okay ke Are you seriously kidding me is
there anything in the car you need like
your Pur Are you seriously kidding me
I'm not kidding you is there anything in
the car that you need cell phone well
yeah I need know that I need to call my
daughter and tell her what's going on
the Sergeant's grabbing your cell phone
you want is your do you have a purse
this is really happening really
happening why are you doing this you're
driving impaired and you're involved in
an accident I believe you're driving
impaired based off my observations I
can't stand straight I don't know okay
okay that's fine I'm grabbing yourself
pocketbook can give me my pocket
pocketbook and cell phone okay just grab
your pocketbook and cell phone okay and
then going 10 free there anything I can
do for you do you have anything in your
mouth gum no you don't have gum you open
your mouth lift up your Hong okay thank
you see that wall the
Jesus I'm so
embarrassed I'm just so
embarrassed has never happened in my
life it's just for us okay Jesus Christ
never in my life all just back up put
your just put your back so embarrassed
it's okay just face the camera face this
camera
yep seriously yes andjust your head look
at her look at me yep here put
your put her put her hair behind her
ears
yeah now this yep just like that perfect
thank you all right so uh we're just
going to put it right here for now y all
right all right so I'm going to take
these ones off the end and I'm just
going to put you put a c there Jesus
like what am I like a criminal just
procedure yeah
ridiculous all right hold on are you
going to run away from
me this is soen I'm asking I'm asking
you I'm asking listen listen I'm asking
the reason I'm asking you if you say no
and you cooperate with me I won't put
that on
you I'm going to run away it's my
grandson's birthday just have a seat I
got to talk to you all right have a seat
for me so embarrassing I love okay all
right I have some stuff I got to read to
you okay it's import it's very important
oh Jesus these are your Miranda Rights
okay uh never in my life okay so I'm
just saying just please pay attention
Okay it's very important stuff okay I'm
going to read it to
you all right okay you have the right to
remain silent anything you say can will
be used against you in the court of law
you have the right to talk to a lawyer
and have him present with you while
you're being
questioned if you cannot afford to hire
a lawyer one will be appointed to
represent you before any questioning if
you wish you can just you can decide at
any time to exercise these rights and
not answer any question or make any
statements okay if you would like to
read you can if you want to sign right
there that saying sign you acknowledge
and know your rights just that line
right there right here
mhm thank
you okay all right
Kelly the next thing I'm reading to you
okay this is called the new New Jersey
attorney general standard statement for
motor vehicle operators okay again this
is important it's a little lengthy okay
you you've been arrested for driving
while intoxicated yeah the law requires
you to submit samples of your breath for
the purpose of testing to determine
alcohol
content if you refuse to provide samples
of your breath you will be issued a
separate separate summons for the
refusal a court may find you guilty of
both refusal and driving while
intoxicated you have no legal right to
refuse to give or delay giving samples
of your breath any response from you
that is ambiguous or conditional in any
respect to my request that you provide
breast samples you will be treated as a
refusal to submit the breath testing
even if you agree to take the test but
then do not follow my instructions do
not properly perform the test or do not
provide sufficient breath samples I will
charge you with refusal to submit to
breath testing I repeat the law requires
you to to submit samples of your breath
for testing will you submit the samples
of your
breath do my daughter tell me what to do
I don't know what to do never ever ever
had this ever have do you understand why
I just read you that asking for breast
samples I know I can't I can't answer
that for you it's yes or
no I I'm not going to tell you I haven't
drank I have been drinking today without
out and and we we all know doesn't take
much l I'm going to read I'm going to
read the last thing and then I just need
an
answer I repeat the law requires you to
sub samples of your breath for testing
will you submit samples of your
breath do you recommend I do that I
can't answer that I know I don't know if
I want to do that I never had this
happen you don't know I don't know okay
I have to put something down for an
answer so you can put I don't know yep
that's an answer okay it's not the right
answer uh it's not the right answer
don't know I got to read you I got to
read one more thing ever has I'm going
to read I'm going to read I have to read
you one more thing do you think I should
do it you're answer your answer is not
acceptable the law requires you to
submit samples of your breath for breath
testing if you do not answer or answer
with anything other than a yes I will
charge you with refusal I'm going to
read that again okay your answer is not
acceptable the law requires that you
submit samples of your breath for breath
testing if you do not answer or answer
with anything other than yes I will
charge you with refusal now I ask you
again will you submit to breath
testing gu I should I don't know I'm
going to fail I've been I'm not going to
tell you I'm a call I need yes or
no I need a yes or no answer
your what should I do 62 years old never
had happen I need it like now otherwise
I'm putting I don't know again and then
that counts as a refusal and that's bad
you get a separate summons which is
worse which is
worse tell me I can't I can't tell you
I can't I'm not allowed to give you any
advice this is
ridiculous I need I need the answer yes
or
no I do it I'm I'm going to be
condemning myself if I don't do it I'm
going to
condem what do I do I I need yes right
now if you don't give me an answer I'm
I'm putting
no what would you do I can't answer what
would you do they can't
answer I'm being very Cooperative I
could have just put I know I'm you're
being awesome you don't want to do this
I know you don't want to do no I don't
like doing this it's part of the job
unfortunately there's a lot of things
about this job I don't like
they ridiculous so okay are they going
to like kill me if I I'm going to read
it one last time okay think about it I
can't I you can't have this back and
forth I know sor I got we got to move on
I know I know I know I'm I'm trying to
be nice can I talk to my song can't talk
to
no I'm going to read I'm going to read
the the three sentences again read it
one more time
I'm and just think about it okay and
then I need it yeah or nay okay your
answer is not acceptable the law
requires you to submit samples of your
breath for
testing samples of your breath or breast
testing if you do not answer or answer
with anything other than a yes I will
charge with refusal now again again now
I ask you again will you submit to
breath testing what happens if you
charge me refusal you don't get to
provide samples of your breath and then
what
happens look that's what I mean like if
you if I Char don't all right explain to
me if I don't what happens cuz I've
never done this so what happens is you
it's yes or no yes you submit samples of
your breath we find out your alcohol
blood alcohol content you say no we
don't I write you your summonses and you
have your day in court oh so
automatically I'm charged with you're
you're charged with DWI no matter what
no matter what this refusal is a
separate summon so if you say no I'm not
submitting you're getting a separate
summons either way I'm getting a
separate summon though
well I'm fine which yeah if you B and
you're fine you won't get you anything
no you won't get exactly you won't get a
uh well it depends what the threshold is
but that's again we're we're circling
you know what I mean I need a yes or
no we're not having I'm going to blow
cuz I'm going to blow with no matter if
I had one drink I'm going to blow I you
need a yes or no no
okay three three to refusal oh that
means I get locked up I mean you're
still getting locked up but oh either
way I'm getting locked up yep oh my God
never in my
life I don't know if I did the right
thing right I don't know I've never been
I look I can't give you any advice
the only you
know do the right thing can't
answer
God don't know never happened in my life
I'm so
embarrassed I like I had odor when I you
didn't see me until I walk I smell like
yes you smell like I had alcoholic odor
alcoholic beverage going yeah so really
so I got there a little bit after the
accident you sitting in your car you're
talking to another officer then you
remember me up talking absolutely okay
as soon as I talk to you I could smell
it the OD alol I didn't put in my mouth
like most people would have okay so that
and then just based off all the
tests no good let me tell you it's not
even it's not even listen Kelly it's not
even it wasn't even performance- based
you know how long it took me to instruct
you on the first test go
ahead if you were
sober uh you would have been able to to
at least listen to my instructions I had
I did listen no I had to repeat no I had
to repeat myself so much it was it was
it was not good
performance nervous this never happened
life listen Okay your speech is slurred
you have I my speech is slurred now it
was slurred out there too really yeah
look it's
all I didn't even have to do the tell
the truth no I'm telling you the truth
this is this this is this is why okay
you're too impaired to be operating a
motor vehicle whether you seem to
believe it or not you are my training
and
experience you are and you got into and
you got into an years old look I'm not
and I'm not no one's judging you know
we're not judging I'm like I look it's
whatever it's an accident I don't think
you meant to do it on purpose yeah
that's why it's called an accident right
and the whole thing is there was a
little tap I know but but it happened
and because there's traffic and I get it
but then listen you made your choice it
is what it is we I have to do my job
like I said I don't like doing this yeah
this is like one of the worst part about
the job it sucks you know my grandma
just out yeah I know you're you're just
out celebrating the birthday for the
time being my granda's birthday and
grandma gets arrested I know look
seriously I already to see flying mother
Brothers wait you have to understand I
have to tell
you I brought my kids to see
them when they were growing up it's
really embarrassing all right are you
gonna I'm going to call your daughter if
she can come get you relatively soon
you're going to sit right here if they
need time or for whatever reason can't
you we have to put you in one of the
cells until they pick you up I'm not
doing that yet just letting you know
what what could happen okay you've been
very Cooperative with me so far you've
been very nice to me it's really
embarrassing all I'm embarrassing so
you're going to hang out with these too
real real quick really embarrassed okay
said you're sit here I'm going to call
your daughter you're going to hang out
here real quick okay sound good
[Music]