They said you backed into a tree.
Uh,
I mean, you're looking at it, so
 Okay.
So, did you back into a tree?
 No.
No. I'm trying to go home.
Tell me the damage on your car right
there didn't come from this tree right
here.
 I got damage on the front, too.
22022 10658 Florida 28. Man, do you have
your ID with you, man?
 Uh, yeah, of
course.
Here
we go.
 All right.
 Sorry, it's hard to
see.
 That's okay. So, they're just
saying there are some concerns that you
might be under the influence of an
intoxicating substance. Have you had any
alcohol today?
 I have.
 Okay. How much do
you have to drink earlier?
 Um, probably
um two drinks.
 Two drinks. How about
what time?
 Um, what time is it right
now?
 It's 10:00. Um,
 probably two.
 Two?
Yeah.
 2 p.m.?
 No. Two drinks?
 About what
time?
probably start off at 8.
 Okay.
 Okay. Um,
give me just a second. Do you mind
staying with the deputy right here? I'm
just going to go talk to them real quick
and see if we can get you out here.
Yeah, that's fine.
 So, you saw her hit
that tree?
 Yeah. Well, we were I was out
here smoking a cigarette and she was in
the parking spot. She had been sitting
there a few minutes and I turned my head
like this and back over and it went
Yeah. She's got debris on the back of
her her car saying she didn't hit
anything.
 Um so you could say that
absolutely. She was behind the wheel of
that vehicle.
 She Yeah, she was.
 Okay.
So if I
 And I even asked her to move her
forward into a parking spot. She moved
it like 3 ft.
 So if I arrest her for
DUI, would you be willing to come to
court and identify her as a driver?
 Yes,
ma'am. Yes, sir.
 Ma'am, come on.
 Listen,
it's a long night.
 Come on. Yes, sir.
I've got a witness saying you did hit
that tree. You were driving the vehicle.
Um
 this tree right here.
 Yes, ma'am.
There's a chunk of the tree still on
your bumper.
 I'm going to read you
something real quick. Okay.
 Okay.
 You
can relax. You don't have to hold your
feet together anymore.
 Okay.
Okay. So, what I'm going to read, these
are called your Miranda rights. Okay.
You're not under arrest. I do have to
read you these before asking questions.
Okay.
 You understand?
 Yeah. Sure.
 Okay.
You have the right to remain silent. Do
you understand that?
 Yes.
 Anything you
say can and will be used against you in
a court of law. Do you understand that?
Yes.
 Uh you have the right to talk with
your lawyer and have a lawyer present
with you while you're being questioned.
Do you understand that?
 No.
 If you
cannot afford to hire a lawyer, one will
be appointed to represent you before
questioning. Do you understand that?
Yes.
 Uh if you decide to answer
questions now without a lawyer present,
you still have the right to stop
answering any time and speak with a
lawyer. You understand that?
 Yes.
 And
you may use any of these rights at any
time during the interview. Do you
understand your rights as I've read them
to you?
 Yes, I do.
 Okay. With your
rights in mind, would you like to speak
to me and answer questions?
I don't know. Is that like a
Is that like a
 It's a It's a yes or no.
I can't. I've explained your rights to
you.
 I know, but I feel like that's like
tricky a tricky question.
 Okay. Do you
want to answer questions?
 Can I close my
door?
 Hey, can you close it real quick?
Do you want to answer questions? Yes or
no?
Can my car be brought up closer?
 Let's
not worry about that right now. Do you
want to answer questions? Yes or no?
 No,
I just want to go home and go to sleep,
honestly.
 Um, so at this time, you are
going to be placed under arrest for DUI.
You are very, very obviously under the
influence of alcohol.
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