Unfortunately, you came from Cherry Hill, you came made it through Moorestown and getting pulled over. You made it that far and then you dozed off here in the parking lot a mile from home. And we can't like Moorestown like >> I work for the state. I have a newborn child. >> I wish I could just let you go. Get a DUI on my list. Like I work for work. I I I can't >> I have no control over that at this point. It's It's It's now 5:00 in the morning and that should have been thought about prior to this incident now. Hello. Ma'am. How you doing? And all of my body cams are on. Everything's audio and video recorded today. How you doing? 10-16 going out. Ma'am. How you doing? What are you doing? What's that? Nothing much. Nothing much? Okay. What are you doing here? Sleeping? Nothing. Nothing just nothing? Yeah. Where are you coming from? From um From where? I'm coming from um What's your name? You're coming from Route 38. Where at on Route 38 were you coming from? I'm coming from From where? I'm coming from Route 38. Okay. Well, Route 38's 100 miles. Where on Route 38? Um actually I live You You from Cherry Hill? Where at Cherry Hill? I don't know if he's there or not. You don't know the address where you came from? Our cameras are on, okay? How long have you been at Wawa? Um Okay. You're you're talking real low, okay? You either got to speak up or I don't know if you're slurring your words or have you been drinking tonight? >> No, I'm okay. Okay. What's your name? My name is Danielle. Danielle? Where do you live? I live at Okay. And you haven't been drinking tonight? Smell anything? Cigarette. I had a smoking cigarette. Yeah, you fell asleep with a cigarette in your hand. Yeah, I pulled over. I was pulled over once before this. All right, why don't you just hop out of the car and talk to us out here cuz it's hard to it's hard to understand you while you're sitting in there. You can leave that open, that's fine. You can come on over here. Your name's Danielle? Yes. >> How old are you? I'm 33. 30 what? 33. 33? Okay. Like what were you doing tonight? Do you know what time it is right now? Um probably 12:00 or 1:00. You think it's midnight or 1:00 in the morning? >> Yeah, something like that. Okay. You're a little off, it's 5:00 a.m. Okay. Okay? You sure you haven't been drinking tonight? No. Nothing. Okay. You want to run her through some tests or whoever wants to run it? We'll do it right here. Yeah. Where's your license in the car? No, no, no, I don't need I don't need it right now. We're going to run you through through some tests and make sure you're okay to drive home, okay? Okay. All right, let's have ahead. See this blue line right here? See that right there? All right. All right, the first test we're going to do is the one leg stand. So, you put both hands down at your side, okay? Okay. Just You don't have to do it right now. Just listen to my instructions and I'll explain it to you and then then you can do it, okay? Okay. So, with one leg you're going to lift one leg, any leg, your choice, your foot actually, going to lift it about 6 in up off the ground, right? With your heel and your toe pointed down at the ground. You're going to look down at your toe, count 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000 until I tell you to stop. Okay? Do you understand? Yes. Okay. You ready? Yes. >> you may begin. 1 1,000, 2 1,000, 3 1,000. It's all the shoes that I have on too. That's okay, you want to try again? 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000. 7 1,000, 8 1,000, 9 1,000, 10 1,000. Okay. All right, you can stop. All right. The next test I'm going to do I'm going to have you do is the heel-to-toe test, okay? Okay. Um you're going to take nine steps forward. I'm going to just explain it to you first, okay, before you do it. I'll tell you when to begin. But, you're going to take nine heel-to-toe steps forward. On the ninth step, you're going to take a series of small steps, turn back around, and walk nine steps back. I'm going to show it to you first, okay? Just watch me. Okay. So, you do it like this. You're going to walk heel-to-toe nine steps forward. You're going to go counting them out loud, too. With your hands with your hands down at your side. And you go one two three four, so on and so forth till you get to nine. When you get to nine, you take a series of small steps, just turn back around. And then the same thing going back, okay? Okay. Okay. When I get to nine, take a turn. Yep. Yep. Do you understand? Yes. You can use that line if you want. >> It's time. Mhm. I think you're all right. Yeah. All right. I feel so good. I'm going to push my head in. Have you had anything to drink tonight? I can obviously I can obviously because not in the back and I can I can smell it. So, just You can be honest with us. You're parked You're parked here. It's like that one inside. So, I'll go get something to drink with me. I work for the state. I'm a new mother. My baby's 6 months old. Like, I'm going to be honest. I haven't been out in a [ __ ] long time. Like, I have I have a new baby. My baby's 6 months old. Like, Where's your baby at right now? My baby's at home. She's at She's at home with her dad. She sleeps. So, you know, I had my whole 10 you know, 9 to 10 month pregnancy. I haven't been out at all. Like, Like, yeah. I I I I work for the state. Like, Is that the walk just the walk She did the walk. Well, let's let's try to you know, it's for your benefit for your benefit to drive you know, if you're safe enough to drive home. I am safe. I I I I live right here on and I collect We have to finish the rest of the test. Okay? I did do the I did the uh You already did the walk on the line test? Okay. All right, do me a favor, okay? With your arm With your legs together, okay? With your feet together and your arms down at your sides. Okay? I want you to remain in that position. Okay? Do you see the tip of my pen? Yes. Okay, what I want you to do, okay? With your eyes and your eyes only, follow the tip of my pen, okay? And do not turn your head. Okay? Follow the tip of my pen with your eyes and your eyes only. Do not turn your head. Do you understand? >> Yes. Okay. Okay, still see the tip of my pen? Okay, follow with your eyes and your eyes only. Do you understand the instructions? Okay. Okay. Did you get pulled over in Morristown not too long ago? I did. On the way here? >> Yes. Okay, what happened? Can you tell us a little bit about what happened? Nothing. He came, you know, he talked to me and he just gave me a warning. He was just like, "Listen, just slow down a little bit." He was like, "Just make your home safe." So, before I got here, um you know, I called my boyfriend probably around like 3:30, 4:00. I don't know why I said 4:00 coming out there. I guess I probably was a little delayed. Sure. But, um when I called my boyfriend, I was like, "Do you want something from here or anything?" He was like, "Yeah." So, um as I'm talking to him, I was smoking a cigarette and I don't know, I guess I dozed off. It is late. It is It is late. Well, you said you thought it might have been 12. I'm not out I bought out this late. Like, All right. Okay. I'm a brand new mom. >> And you said you were coming from Cherry Hill? Yes. >> So, that makes sense. You're coming through Cherry Hill, came through Morristown, you got pulled over in Morristown. >> Got pulled over in Morristown. Do you know Do you know what for? Did Did he say? Um For failure to observe like a traffic control device, maybe? Like a red light? I think so. Yeah. >> So, you ran through a red light? >> Um I didn't run straight through it. I think what happened was I was already going and the light turned yellow and then I caught like the end of the tail end of the red light. >> Did they do any any of these type of tests with you? >> No. No. Nothing. They just let you go and he said hope you get home safe. No problem. >> sides of the window. Came in, you know, I gave him everything and you know, he talked to me for a little while and he was just like, you know, just just make it home safe. I was like, okay, I appreciate it. Thank you. Okay. So, and then I stopped right here cuz like I said, I'm going right here on Lumberton. Okay. And you know, I I know where we're where we're at, right? So, it's it's now 5:00 in the morning. You thought it might have been midnight or 1:00. You You pulled up here. You dozed off with a cigarette in your hand. Your car is running. You're clearly intoxicated. Okay? Intoxicated. You are though. You failed the test. We smell the booze now. You failed you you know, failed the HGN test. >> going this way. I didn't even move my head. It was your eyes. So, we got the clues on on that you're you're already you're intoxicated. So, we are going to arrest you, okay? And just test you and then get you a ride home or have somebody come pick you up at the station. Unfortunately, you came from Cherry Hill. You came made it through Moorestown and getting pulled over. You made it that far and then you dozed off here in the parking lot a mile from home. And we can't like Moorestown like >> I I work for the state. I have a newborn child. I wish I could just let you go. I cannot get a DUI on my list. Like I work full work. I I I can't >> no control over that at this point. It's It's It's now 5:00 in the morning and that should have been thought about prior to this incident now, but it's we're beyond that at this point. There's the chief holding the scan, so we're going to we're just going to place you in handcuffs, take you back to the station, do some more testing and then we you're going to be you're going to be going home, okay? Okay. That's not my fault. We got it. Can I Can I call him and tell him what's happening? We'll get your phone and everything. We'll bring it back. We got to call him anyway to have him come pick you up at the station. So, you're going to read your rights real quick. You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to talk to a lawyer and have them represent you during any questioning. All right. If you cannot afford to hire a lawyer, one will be appointed to represent you during any questioning. Additionally, these rights are not final. You may withdraw your waiver whenever you wish either before or during questioning or extending your rights. Yeah, but it's uh uh But still, I would like to turn my car off. Yeah, your your your your car's got to be towed. So, it's going to be getting towed. It has to be towed? Yeah, it's it's state law, John's law. It's a 12-hour >> Ma'am, it's a 12-hour hold. Really? Yes, ma'am. So, we'll safely get it out of here. We'll we'll we'll bring your keys, we'll bring your cell phone, stuff like that. >> grab my purse and my and my key? Yeah, we'll grab what you need. So, come on over here with Officer Solovy and and if you if you want the items, I'll grab them for you. Is this your phone here? Um back up a little bit. You can't grab anything like this with both hands. So, come on back. Is this your phone here? >> Yeah. Okay. And your purse? >> Yes, my purse and my keys. Is this your house key? Yes. Okay. Let me just keep the old key. Oh, you you might need your house key. I need the keys for the car. Uh-huh. You need your house key. >> Okay. Okay. No, but you might. Is this your purse? Yeah. I can't hear you. Okay. Um anything else? No. Okay. All right. Vince, you can leave. There's a sign that says no loitering. All right, you're a [ __ ] I'm not even talking to you. Vince. Ma'am, is your is your license in your purse here? That was 6 months old. You'll be You'll be You'll be home in in an hour. You're You're You're not You're not going to jail. You're not Nothing's going on. We'll get you >> you guys about to give me a DUI, that which is going to get me fired from my job. Like >> Ma'am, you got to understand that that's out of our control, all right? This is a decision that you made, not us. Okay? If we let you go and say that you're safe to drive a mile a mile down the road and you run another red light, which you already >> I'm not going to fall. >> You already got pulled [laughter] over tonight. >> I'm I'm not going to fall. >> You're You're intoxicated. Your Your Your hands are secured. I don't want you to fall, okay? I'm not going to fall. >> seat. Like I live around the corner. Like seriously, like >> You got to understand the importance of this. I understand, but like this is going to ruin me. Like I work for the state. [laughter] Like I'm not going to be able to work in my field. A lesson learned. I'm not going to be able to [ __ ] work in the field I work in. Like and I haven't even [ __ ] been out. This is my first time out in Okay, ma'am. You have a seat. You got to have a seat. We're beyond that at this point. You'll be out of here within an hour. I'm going home in an hour. Please. There's nothing we can do about it. We can't just let you go. This is It's beyond our control. There's nothing we Can Can I have any type of tickets? Payable offenses? You know, open open container, something. But a DUI is going to get me fired from my state job. >> We don't have open containers, none of that. It's going to get me fired from my state job. Can you have a seat, please? >> Like Please. >> You have to stand up. Y'all saying that I failed my test. Y'all also too it's cold out here too, right? So I am like kind of [ __ ] shaking a little It's not like it's 80° this [ __ ] >> right now. Yeah, and I'm chilly. You put these in front of me? Ma'am, is your ID in this wallet here? We're going to need your your license. If you put handcuffs on me, like I can't look. I guess I can look up if that's She said her name is Danielle, right? Yeah. Yeah. Just for it cuz I'm going to need it for alcohol. Yeah. Central 1316, I'll be transporting I'll be transporting one adult female in custody from the Walnut to Station 130 starting 56973.2. 1316 >> So, are you still there? Affirm. Give me her reg, please. 95 Echo, Delta, Lima, Echo. Thank you. Dude, what's her address? You got Man, do you live at No? No, she don't live here. 1316 is the station 130 ending 56975.3. Okay. >> [music] >> I just stand up on the paper sign for me. What hand do you write with? You write with? I want you to sign this over here for me. I thought you were 18 company, but And you're left-handed. What's that? I'm sorry. You got to work with me here. What's that? It's our It's our policy, unfortunately. >> Well, how do you guys know each other? And you can see my daughter and his team with a big sheet of handle the police station. It's hard to talk. I'm going to show you images of my club and newborn baby in my belly. All right, I know the other officer read you your your Miranda rights at the scene. I'm just going to read them to you again. Okay, you do have the right to remain silent. Do you understand that? Yes. Okay. Anything you say can and will be used against you in a court of law. Do you understand that? Yes. You have the right to talk to a lawyer and have him present with you while you are being questioned. Do you understand that? Yes. If you cannot afford to hire a lawyer, one will be appointed to you at no cost to represent you before any questioning if you wish one. Do you understand that? Yes. If you agree to talk to us, the decision to waive these rights is not final and you may withdraw your waiver whenever you wish either before or during questioning. Do you understand that? Yes. Okay. >> [snorts] >> These are the rights I just read to you. Can you just sign right there for me so that you acknowledge that you I've read you these rights? Okay. >> Have you ever tried to commit suicide before? No. Are you presently under the care of a psychologist or psychiatrist for medical care? No. Is there anyone solely dependent on you for care that should be referred to DSS or any social agency? No. >> [music] >> What's up? Can I call the police station? Sorry about that. All right. Somebody else is going to make his way down here. If you want to help you a little bit, then we can release you to her. Okay. Can you call the police station and pick me up, please? What police station is this? Lumberton. Lumberton. Tell them it's going to be a little bit. We got to get through processing, but, you know. How how much time? Uh about 45 minutes to an hour. About 45 minutes to an hour. [ __ ] Not right now because I was driving home and then I pulled in a wild wild land and I text the manager which one of them wild wild and when I started smoking I guess the door fell when I fell out. And then and then they pulled up on me. And then they they got all this stuff in there. All my stuff is in Yeah. >> She's on the phone with her boyfriend to come pick her up. What's up? I let her out in front cuz her boyfriend called. He's going to come pick her up. So >> She's arrived. I'm just grabbing my stuff. I got to print out the ticket. Yeah, we'll need the ticket number and I guess you got to start the 20 minutes here, right? No. Okay, I didn't answer it. Did you ask her the drunk driving questions before the the 20 minute observation? Okay. Okay, um Okay, ignore the 20 minutes and then print out the 450 ticket at least and then everything else. Yeah, that's And then um you know, I'll need the ticket number for the alcohol test and then start the 20 minutes. By then I might I might have Kristy do it or else I'm going to have to stay too. Yeah. Um and then her brother should be here and then we'll figure it out. All right. All right? Yep. All right, man. I got to take the phone now now for a bit. All right. All right, I'm almost done. I'm almost done and then I'll be able to head over here. All right, just stay awake, please. They got to see your face. So I don't have no other way to go. There's no one in my car. All right, I'm sorry. we'll talk tomorrow about it. >> of course. Okay. So, I'll call you when I'm on the way to the station. >> All right, all right, I got it. I'll stay awake. All right. All right, so I'll start the 20-minute we have to start and do a 20-minute observation period, so that's going to start right now 5:30, so at 5:50 I'll be back. We have to stay awake, but You have to stay awake. That's our policy while you're here until you're released. Oh, what is this like a What is this part? Is this like a like a extra observation or is Yeah, it's just it's it's part of the process of 20-minute observation period. I'm just going to ask you some questions and we'll get that out of the way while we do that, okay? Okay. I'll put your phone back in your purse. Okay. Now, what What happens if I pass the 20-minute observation? What do you ask me? I just want to know how does this work? Well, you're going to be given Sure, you're going to be given an opportunity to to give samples of your breath. Is your license in there? Um I don't know. Did he Did he take my wallet? No. Oh, then you gave me your driver's license. That's right. What's What's your What's your address? On my license. Well, whatever it is, I'm I'm assuming that's now your permanent address, right? Okay. Where I live is Yeah. Okay. Hey. old are you? 33. What's your weight? 200. Eye color? Brown. What's your height, Daniel? 5'10. Where did you have your first drink today tonight? I didn't. What's that? I didn't have my first drink tonight. Or last night? You didn't drink anything? No. Okay. What's the last time you had a meal? A meal? Yeah. Around 5:00 yesterday. 5:00 p.m.? I'm just asking you these questions based on what I have. What What do you have to eat? Um some chicken fried with rice and cabbage. They asked I know what you said, but what was the length of time between when you had your food and when you had your last drink? I didn't drink. Okay. Good to eat. Yes, sir. You can go now. No. I I just thought of what we got to do before we start now. Okay. Yeah, that's fine. Yeah, that's right. We're 10 minutes. Okay. Sorry. All right. Can you open your Open your mouth for me one more time? Yeah, let's Let's look at the tongue all the way up. No. Is this going to It's under uh hard palate. All right. 5:40, so at 6:00. >> Do you have any history of drug or alcohol treatment? No. Have you used any of these in the last 30 days? Cocaine, marijuana, alcohol, heroin? No. None of those? Alcohol? Last 30 days? No. Okay, now I've got to redo this whole thing and get your answer for me, okay? All right. You've been arrested for driving while intoxicated, NJSA 39:4-50. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record will be made available to you. After you have provided samples of your breath for testing, you have the right, at your own expense, to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. If you refuse to provide samples of your breath, you will be issued a separate summons for the refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you'll be subjected to to various penalties, including license revocation of up to 20 years, a fine up to $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. These penalties may be in addition to penalties imposed by the court for any other offense of which you're found guilty. You have no legal right to have an attorney, physician, or anyone else present for the purpose of taking the breath samples. 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 on any respect to my request that you provide samples will be treated as a refusal to submit to 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 submit samples of your breath for testing. Will you submit samples of your breath for testing? I need that one more time for me. So, if you don't if you refuse to submit that, what happens? If you refuse, and the court finds you guilty of the refusal, All right. If [clears throat] you refuse to provide samples of your breath, you will be issued a separate summons for the refusal. A court may find you guilty of both the refusal and driving while intoxicated. If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation for up to 20 years, a fine of up to $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. These penalties may be in addition to penalties imposed by the court for any other offense of which you're found guilty. I think well, I would like to consult my lawyer just to see if I should take this test or not. For this, you do not have that option. It's the law. It's the law that you provide samples of your breath. You can refuse, but you don't have the option to talk to an attorney when it comes to this. And then if you don't I just Your your license is going to be revoked for 20 years and Mhm. So, I'll say again, I say I repeat, the law requires you submit to samples of your breath for testing. Will you submit to samples of your breath for testing? I'll think about it. All right, I'm going to put that in there as your answer, and then I get to ask you one more time. All right, you gave an ambiguous answer, which is a conditional answer, which is not an unequivocal yes. Therefore, your answer is not acceptable. The law does require that you submit samples of your breath for a 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? I guess it is. Is that yes or no? I said yes. I guess it I said it has to be a yes or a no. Yes. Yes. Yes, sir. All right, I got to ask you again. I know you're going to say you're going to say it before, but what was the name of the place where you last drank or consumed alcohol? I'm not answering the question. Okay. What's your boyfriend's name that's going to be picking you up? John Johnson. What is it? John Johnson. John Johnson? Is it j o h n? And j o h n s o n? Does he live with you here? Yes. No. No. Time is up. It's 6:00 on the dot. Yeah, it's 6:00. All right, cool. You don't have to get out right now. You got to write here or else? What's that? You got to write her anything else? No, that's it. Okay. I know the rats coming. Well, she's got to call him back again before uh Actually, probably better call him right now, right? Yeah, let's give him a call. Okay, I'll give you your phone to call your boyfriend. Thank you. It's okay. Thank you. My phone's dead. What's that? My phone was dead. Dead? Do you have a charger? I have a charger. Do you know his number? >> [sighs] >> I don't have it or it's saved on my phone. Saved on your phone. Oh, yeah, it is dead. All right, I'll put it on the charger for a second. Yo, Big Tone. Do you want No, I'm doing really good. Yeah. I was just checking. How bad is she? We'll find out. You just made a stop or this was No, I got Yeah, it was called in. Rachel called from the wall. Who called? I looked at it. All right, it's already on the charger. Uh-uh, probably would. Probably. So the body camera is Hey John. You got your body camera? You got to sign this. Uh basically it shows you your tolerance level came up as a 0.08. 0.08? That's what your reading was. It was a 0.08. Um what is that really what's that equivalent to? What's the equivalent to the Like what is a 0.08? Like that's equivalent to a like a beer, two beers? >> Oh, I don't know. That's everybody's different when it comes to that stuff. Um I got to read this to you and then you can sign it basically. Uh this is called John's Law meaning that you can't operate a vehicle for 12 hours. If she does and if it's an accident or trouble you're held liable for it. That's what you're you're signing. All right, you ready to see? Hey. All right, this says you've been summoned by or on behalf of the person whose name appears above as the defendant, which is Danielle, to transport or accompany the defendant from this law enforcement agency. The defendant has been arrested and charged with one or both the motor vehicle violations checked in the box above. It's just one the 450. Pursuant to NJSA 39:4-50, this warning is to advise you that if you accept responsibility to transport or accompany the defendant and you permit or facilitate the operation of a motor vehicle by the defendant while the defendant is intoxicated or has a blood alcohol concentration at or above that permitted by law, then you're potentially subject to criminal penalties and civil liability. Permitting a person who is intoxicated or who has a blood alcohol concentration at or above that permitted by law to operate a motor vehicle is in violation of NJSA 39:4-50. If you're charged and convicted under that statute, your driving privilege will be suspended, fines and monetary penalties will be imposed, and you may be incarcerated. If you permit or facilitate the defendant to operate a motor vehicle while the defendant remains intoxicated or has a blood alcohol concentration at or above that permitted by law, and the defendant becomes involved in a motor vehicle collision where other persons are injured or killed, then you may be subject to indictment and criminal prosecution. If you're prosecuted and found guilty, the court can impose fines and mandatory penalties and a prison sentence in addition to any criminal liability Sorry, in addition to any criminal liability, if you permit or facilitate the defendant to operate a motor vehicle while the defendant remains intoxicated or has a blood alcohol concentration at or above that permitted by law, and the defendant becomes involved in a motor vehicle collision where there is property damage or personal injury or death, then you may be held liable for civil damages, and those damages not be covered by insurance. All right, and that's what we're here for. Yeah. So If my This is telling me if I'm just at a point in here Sorry, I'm just saying what the law is right here. That's if you refuse this test. All right. All right, before you go. >> [music] [music] [music]