hi my name is Officer fair I'm with the
Ohio State University Police Department
yes sir I'm recording this with my body
camera okay sir you know why I stopped
you yep why is that I ran the red light
you ran the red light yep or you ran a
stop
sign well yeah maybe the maybe maybe the
stop sign okay did you also see that um
pedestrian that you almost struck there
and that uh
crosswalk no I didn't I'm sorry you
didn't no okay did you you didn't see
that pedestrian in the crosswalk
there I did
not okay being honest okay where are you
coming from Ohio State campus okay we're
on Ohio State's campus we out in Ohio
State's campus you coming around Orton
Hall Orton Hall do you have any firearms
in the vehicle no you do not no so that
CCW that you used to have at one point
you do do not have a firearm in the
vehicle correct okay sir in the vehicle
do you have your driver's license yes
and do you have proof of insurance yes
okay without reaching for anything okay
yep where is that license at uh it's in
my pocket in my wallet it's in my pocket
okay go ahead and get that license for
me
okay it's in this in the side okay just
grabing for
it
license right here you want it yes I do
want that now I need your
insurance okay let me grab um no
firearms in that glove compartment
correct all right go ahead and get it
for me there's no firearms in this car
go ahead and get it for
me hang
on
not sure where the uh insurance is there
in my
car yeah I can it have the but I guess I
I'm not sure I don't want to
search okay do you have it on your
phone uh yes I'm sure I have that I I
don't yep if you allow me to to search I
will search are you just going to get
your phone out of your pocket yep okay
go ahead and get your
phone uh so let me ask you something
real quick sir you've been you've been
drinking today a little bit yes a little
bit how much have you had to
consume uh a couple drinks at the eth
ethon tank couple of drinks at ethon
tank yes sir
okay do you think that could have been
why you ran that stop
sign yeah yeah you do think it's so yeah
all right go ahead and put that phone in
your pocket okay all right go and step
out of the vehicle for me
okay here go ahead and all right first
off turn the vehicle off all right is
the vehicle part it is turn the vehicle
off open the door and step out
yep coming
out all right go ahead to the the front
of your car here for me okay yes sir
so you going to submit to uh some
standardized field sobriety tests sure
you'll do that sure okay have you
recently had any inner outer ear
injuries concussions
do you have anything that's wrong with
you with your knees or anything that
could prevent you from walking at this
time no okay can you take your hat and
turn it uh back for me
please all righty sir so what I'm going
to do here is I'm going to administer
three tests to you okay sir this first
test is going to be what's called
horizontal gaze and Stags okay what I'm
going to do is first off horal gaze and
horizontal gaze nagus okay so horal gaze
and horizontal gaze n nagus okay so take
a few steps forward for me please
horizontal gaze and no just hor gaze
nagus take a couple steps forward stag
step right up here take a couple steps
forward from me away from the vehicle
okay all right for this test I'm going
to have you stand with your feet
together just like this all right you're
going to take your fingertips and you're
going to touch them to your chin just
like like this okay during this time I'm
going to present you a stimulus Now
using your eyes and your eyes only not
your head just your eyes you're going to
follow my stimulus does that make sense
yes sir okay do you understand how I've
explained that yes sir all right I'm
going to I'm going to begin
okay
follow with your eyes only don't move
your
head sir stay looking at me okay use
your only only your eyes and your eyes
only okay keep your head still
okay
[Music]
okay
okay that's the first test okay now this
next test is going to be called The
Walking turn Okay so during this time
okay I'm going to have
you I'm going to have you imagine an
imaginary line straight ahead of you
okay it's going to be a straight line
ahead of you can you imagine that yes
sir so right now I'm going to have you
put your foot on that imaginary straight
line okay put your left foot on that
line now you're going to take your right
foot touching the heel of your left uh
touching the heel of your right foot to
the toe of your left foot you're going
to stand like that and now you're going
to place your arms down to your
side okay
sir place your arms down to your side
okay now you're going to maintain eye
contact with your feet okay was like
feet yep yep all right now do not move
from this position until I tell you to
do so do you understand the instructions
I have given you th thus far yes sir
okay so for this test what you're going
to be doing is you're going to be taking
a series of nine steps on that straight
line that you drew okay okay at the end
of those nine steps what you're going to
do is plant your lead foot you're going
to take a series of small steps turn
around and you're going to take nine
steps back okay I'm going to give you a
demonstration for this for this go ahead
got you so for this test
here I got I'm going to give you a
demonstration now I'm going to be taking
three steps okay you're going to be
taking nine sure so from the starting
position I'm going to count the first
step as one as I move so it's going to
look like this and what I'm going to do
is I'm going to keep my arms down at my
side I'm going to maintain eye contact
with my feet at all times I'm going to
count my steps out loud okay so it's
going to look like this 1
2 3 and at the end of your nine steps
you're going to take a series of small
turns and what you're going to do at
this point is take nine steps back again
I'm going to do three you'll be doing
nine okay 1 2 3 and you're going to be
touching the heel of your foot to the
toe of the foot behind it okay now
during this test what you're going to do
is like I said keep your arms down at
your side maintain eye contact with your
feet at all times and count your step
out loud once you start the step uh the
test do not stop until you are finished
do you understand how I've instructed
this so far I do when you are ready
count your first step is
one 1
2 3 4 5 6 7 8
9
round 1 2 3 4 5
6 7 8
9 okay perfect for this last test this
is what's going to be called the
one-legged stand test okay okay so kind
of like the test before I'm going to
have you stand like this okay with feet
together touching just like this okay
arms down at your side just like this
okay now this test like I said it's
called the one leg stand test what
you're going to do is uh you're going to
maintain this position and do not start
the test until I tell you to do so do
you understand yes sir okay so when I
tell you you're going to raise either
leg of your choice okay you're going to
raise it parallel to the ground you're
going to keep both legs straight okay
you're going to raise the foot keeping
it parallel to the ground 6 in off the
ground okay once you do that you're
going to count each step out loud like
this 1,1 1,002 1 03 and and so on until
I tell you to stop okay sir now during
this time just like before on the last
test you're going to keep your arms down
at your side you're going to keep your
legs straight you're going to uh
maintain eye contact with your feet at
all times and you're going to count each
second out loud do you understand how
I've instructed that so far I do I do
when you are ready sir you can
begin 1 2 3 4
5
6
7 keep going I didn't I did not say it
stop
yep 1 2 3 4
[Music]
5 1 2 3 4 5
6 7 okay you may stop hang here for a
second okay
y what's that walk up you instead of you
come all the way back here what do you
think from what you saw he he already
admitted that he's um coming from ethyl
tank drug yeah he I mean he's given
Clues all over the place of course he
has eyes I I can't see his eyes they're
jumping all over the place they're
jumping all over the that's what I
typically rest the majority of my uh
rest on because physically you can't do
anything to affect that test but from
what I saw with just the walk and turn
the one like even at hgn how bad he was
waving back and forth he definitely
needs to be a Cod three y thank you
y I don't want to be a problem I'm sorry
I'm sorry
guys 312 bunker code 3 sir place your
hands behind your
back you're under arrest for operating
the vehicle while impaired do you
understand have you ever had a DUI
before no all right all good okay all
right so I'm going to uh have you step
in the back of my cruiser okay I'm going
to have you uh sit back there all right
sure yep I'll get the vehicle windows
rolled up here and we'll work on uh
seeing about how y
yep
yep watch the step down here sure sure
sure watch your step okay
yep get that air turned on for you all
right
okay okay sir um just want to give you a
heads up on what's going on okay I want
to read you your rights first and
foremost okay you have the right to
remain silent anything you say can and
will be used against you in court of law
you have the right to talk to a lawyer
and have him or her present with you
while you are 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 decide
at any time to exercise these rights and
not answer any questions or make any
statements do you do you understand each
of these rights as I have explained them
to you and having these rights mind do
you wish to talk to
us I I acknowledge I I'm going to be
straight up with you real quick okay
don't take don't intend on taking you to
jail okay I do intend on giving you a
summons and let you go on your way here
your car will be towed though all right
it it is going to be impounded all right
um You have your cell phone and
everything in
there yeah I got it somewhere on Me
Maybe in there okay probably in that
vehicle is it okay if I go and grab that
cell phone so when we do release you we
can start working on getting somebody to
come pick you up okay um now one thing I
do have to do is I have to check your
mouth to ensure that nothing is inside
of your mouth okay can you open can you
open your mouth and let me see inside
okay and lift your
tongue perfect thank
you all right Derek so this this second
form may be a little lengthy um just
stand by through it ask questions at the
end usually it pretty much just has to
do with like a consequence of if you
refuse a test um like that and we're
trying we're kind of up in the air with
the test um cuz we're trying to locate
the breath test and able to administer
that but if if not then we're going to
have to a urine test so we're kind of up
in the air with that but we'll work that
out here soon okay so says you are now
under arrest for operating vehicle while
impaired um if you refuse to take any
chemical test required by law your
driving privileges will be suspended
immediately and you'll have to pay a fee
yep to have the Privileges reinstated
okay yep and you don't have any prior
OVI correct yep no you do not no okay so
if you do not have priors which you
don't for refusal your length of
suspension would be a year-long
suspension okay okay and then um if you
were to give the test today or um and
you don't have any priors the suspension
would be 90 days okay okay so knowing
that would you like to go forward with
the the test as far as the breath test
if we're available and if not then we
can't get do the urine
test yeah yeah I I could go forward okay
all right sounds good like I said we're
we're trying to locate cuz ours is down
we're trying to use some other places um
but we're going to work that out out and
worst case then we just do a urine test
we can do that back to the office so
we'll just wait and see okay okay you
have any questions right now no I'm good
thanks
thanks all right man ready take a walk
sir second here I get that readjusted
for when we come
back I'm my man this way yep go ahead
and take a step out here okay
yep okay step over here for me please
okay all right man we're going to
actually walk around here okay
okay and go in right through this door
right yes sir doing all right yes sir
okay thank you
sir first door the left my is right
inside there okay thank you for your
help
problem to the left
first right now okay second okay hey how
you doing hey what's going on not too
bad thank you for your guys' time no
problem just got gra see right here for
yep been Cooperative with you at all oh
yeah okay we I mean we can move his
cuffs around front if you if you're
comfortable with it so we we can do this
easier it's up to you though yeah that's
that sound okay we're going to keep
having this respect between you and I
and everything like that we move those
cuffs to the front of course all right
man uh go ahead and stand up for me
please yes sir uh go ahead and face that
wall for me all right
yep all I'm going to do is I'm going to
take These Cuffs off back here all right
I'm going put them in front of you okay
yes
sir all right go ahead and turn around
sir let me actually just go ahead and
yep
yep yep is that is that too tight or
anything like that you good no problem
thank you yep go ahead and take a seat
all right yes
sir y you're at 22 yeah it's already
been read um you already consented to
having a breath test done yes sir
you and sit back for
y you're
right
what time did you start observing him uh
it would have been 36 minutes ago to the
second so it would have been uh it would
have been
450
458 all right Derek sir this is going
through its own internal test and
whatnot all right okay when I tell you
to I'm going to have you go and lean
back real quick so pick up any of your
com it off you now but so when I tell
you to I'm going stand up and just going
to take a nice big deep breath and kind
of like you're blowing out of balloon
constant air um blowing out all right
the machine will tell me whether you're
blowing or not um by the time you get
done it'll feel like you have no air
left and you got to go like a couple
seconds more okay I've had 90-year-old
woman that could do this it seems weird
at first but um if we get if if we mess
around with it or anything like that
down Mark is refusal we don't really
want to do that we want to do what you
want to do with this so same same um but
yeah like I said it's you'll feel like
you're out of air it'll be a couple
seconds longer and then it'll be done
cuz it's looking for that air way deep
in your lung this is what it's looking
for so got you all right it's just got
to go through all its internal test and
stuff like that and we'll be ready to go
yes
sir
and you still want to take the breath
test
correct
sure all right go and stand up here just
nice tight seal around the very tip of
that right there and blow very tip very
tip there you go blow blow blow keep
going keep going keep going keep going
keep going keep going keep going keep
going you're doing fine keep going keep
going keep going keep going keep going
keep going keep going keep going you're
almost there keep going like I said it's
going to be keep going don't breathe
back in keep going keep going you're
doing good keep going keep going almost
there keep
going keep blowing there you
go all right go sit back down
okay I haven't seen that ER before
what's that system one
zero but he it blew up to there okay
so basically couldn't Purge out
everything to it I seen that before um
if you want we can do another one real
quick but if it won't zero
out um you know it's still evidence
you'll still be able to take that to
court okay um they scrutinize that you
think it might I mean like I said I've
never seen it before usually zero out cu
another blank test and calls are good um
could just be that they you know don't
want us to use it again after that cuz
it couldn't Purge all the air that you
blew into it basically so um but the
subject sample is still there at a 256
okay same thing too um another thing the
hose picks
up odor as well so might be because
you're sitting so close to it okay um
like I've never had to have before but
got it we'll just try it again see how
it goes yes
sir
yeah and any case even if we get the
second one yeah that first I mean that
first ticket stillo yeah yeah even if
the ticket didn't print that out yeah
you know based on my observations I read
up to and it's still EV you put in your
case good to
go same stuff it did before
[Music]
sir
[Music]
which is why it does that first test
anyway it's make sure that the person
you tested before you it's kicking out
all the air basically
up I get it in this case it was you I
test before but it's still kicking out
all that air that you already put in it
that's
right now it's
[Music]
good
and now you know exactly what I'm
talking about what I'm talking about
that very last bit of area that's what
it's going for feel like you're almost
done just keep going okay fair enough
I'll do it I'll do
it all right go stand up here yes sir
tip go and start blowing
okay yeah you took it all off go ahead
and take that thing out stick it back in
there sorry yeah
just a very tip not that don't go past
that big part okay all right nope too
far too far there you go blow blow blow
blow blow keep blowing keep blowing I'll
move this up you want to stand up a
little bit there you go keep blowing
keep blowing keep blowing keep going
keep going keep going keep going keep
going keep going keep going you're doing
good keep going keep going keep going
stop yes
sir back down okay
same thing you pull that out throw it
away for sir D pull that pull that out
throw it away for
me I'm [ __ ] I mean Sor no you're right
you're c a
[Music]
second
[Music]
thank
[Music]
you okay thing but that one is 257 so so
consistent reading
yeah
yeah I was 257 so me yeah just do my
thing with both of these I'll give you
guys your copies thank you I'll be able
to get a copy of that and those uh
tickets right there yeah yeah so I'll
give you that yep perfect I just need
you my instrument site copies yeah
should be
good be that that's all I need so okay
thank you again problem really
appreciate it let me know if you need
something else so okay yeah I'm this way
here we're going go back the way we came
all right am I able to get out the exit
doors here without using like a key card
swipe or anything walk right out you'll
be good okay thank
you to your right sir go this store
right here okay like I told you earlier
we're going to go back to my cruiser
here and I'm going to get you back to
our Police Department which is about
like a mile from here 2 miles okay um
I'm going to finish some paperwork up
there understood and then I'm going to
work on getting your released okay
understood you've been Cooperative with
us so try to return that respect to you
okay thank you appreciate
it stand right here for me please and
you go and have a seat in here okay
yes get that air turned on as well okay
just put the seat Bel on you all right
yes
sir
okay all right sir we're going to head
in here okay I'm going to do your
paperwork and like I said we'll get uh
working you uh we'll get working on
getting you released okay go and take a
step out of the cruise for me here
okay
yep okay go step over here I'm going
close this door sir and we're going to
head on this these doors over here all
right sir right over
here okay
okay here
for yep walk through there
good all right go ahead we're going to
walk down to the end of this hallway
turn right door's going to be right up
there on the other side all right that's
you thirsty or anything you need water
that be good
okay all righty we're going to head
right into here okay
right go ahead and over here stand to
get this wall I'm going to put a light
shackle on you okay actually face the
wall for me please okay put a leg Shack
on here take those cuffs off and then be
a lot more comfortable for you all right
yes
[Music]
sir all right you can go ahead and have
a seat here um do you see right here do
you see this camera up here yes sir if
you need anything just wave that camera
okay I am going to close this door like
I said I'm going to finish your
paperwork and then we'll work on getting
you release here uh soon I'm going to
get you your phone so you can start
making a call to have somebody to come
get you all right sit here yeah you sit
there
yep
well yep hey all right I'm going to give
you your phone okay okay um go ahead and
who you going to have come get yet my
wife your wife and she lives pretty
close by yep um I'm going to give you
your phone here okay um when you call
her just tell her that she's going to
have to bring her driver's license when
she comes here cuz I I just got to
verify that she's a valid driver before
she leaves okay um go ahead and call her
and then once we're done with that one
just get your fingerprints get pictures
of you and then once she gets here we'll
get you released okay
okay hey can you pick me up you need to
pick me up where are you I'm in the
clink 91 w a yeah at Ohio State
University Police
Department it's no problem just bring
your um license no I just bring them I
mean it's I mean
no it's up to
you okay all
right she gave you a time frame uh no
but probably 15 20 minutes 15
okay okay sir I'm just going to um just
like before here uh do you remember that
room was at with the restroom sure our
uh fingerprinting rooms right in there
too so uh we're just going to walk back
there go stand up for me face the wall
I'm put that other leg Shack on you okay
and then we'll go on that fingerprint
room okay fine yep go ahead and just
stand just like
that all
right all right go ahead and let's go
ahead and walk this way okay yep
y I'll go ahead and follow you all right
we're walking out to the right to the
right
yep
right here in this uh doorway with the
light okay yep it's over here
yep go
ahead left left yep Y and then what I'll
have you do is stand here against this
wall right
there
okay could you actually just take one
step back closer to the wall here and
then look towards this camera lens for
me please I'm going to take this picture
now
okay and if you would would you face
this way right here on that side yep
that's perfect
okay and then last one can you face the
the the wall that way
yep
yep
okay sir we are uh I'm going to have you
go back to the room that you're in I'm
going to put that shackle back to the
bench and then once your wife gets here
uh we'll get you released
[Music]
okay take it right out this door do you
have to use the restroom or anything I'm
good okay left to the left yep
perfect is that second door left there
yeah
got she'll probably here like an hour
way to monitor the phone yeah yeah once
she gets to the lobby she'll be able to
call our dispatchers and then they'll
contact me and I'll be able to get you
to her okay okay go ahead and uh stand
up against that wall kind of like you've
been doing okay yes sir and then I'm
going to take a shackle
off
okay um like I said sir if you need
anything just wave at the camera okay
thanks man
[Applause]
yep
go stand up face
[Music]
walk okay we're all set go ahead I'll
hold you just so you don't fall right
thanks
do you have three kids yes okay dispatch
said that there was a a woman with three
children out front
so consistent
yes okay sir while we're walking I'm
just going to tell you a few things here
okay I signed you a court date for
Friday okay it's going to be um on the
on the 2nd okay at 9:00 in the morning
at um Municipal Court okay yep um all
the all the information that you need is
all up here okay yes um we can walk yep
we can walk right over here so it's
imperative that you go to this court or
a warrant could be issued for your
arrest okay definitely don't want that
uh you're a faculty member here at OSU y
um before we go through this door you
understand completely why I stopped you
and everything like that yes sir okay do
you have any questions for me or
anything like that no I want to thank
you for your professionalism thank you
and I want to apologize okay okay well
it's just good that nobody was hurt okay
um like I said on uh on the back of this
too you I'll go ahead and write this for
you too um right here's all the
information for the court okay um if you
have any conflictions or anything like
that give the court a call and they can
see about um helping you with
your here's here's that here's this this
is uh your wallet your uh ID or I'm
sorry your wallet your phone and your
keys we can keep walking out here in the
uh
um like I said your license is seized
okay you do not drive your your vehicle
right now you can step through these
doors oh okay um your vehicle also was
impounded that is this sheet right here
with the vehicle you can get all the
information right there of where the
vehicle's at um where's it at
so5 HL yep gotcha yep you can give them
a call and that's how you can work on
getting your stuff back okay okay
okay thank
you what's
that
[Music]
okay
oh