Hello. How are you? You pulled me over right when I was going home. Oh, are you? Yeah, I'm I'm on Walburg, so Oh, okay. Uh not Walburg, Herbison. Sorry, you scared me. No worries. Um just uh your license, registration, insurance. I'm Officer Sherman with Walburg Police, and I'm wearing a body worn camera. I just have to let you know. It's fine. I saw you were when you were pulling out. Yeah, no worries. You You actually scared me, Officer. Yeah, there's no gentle way of pulling over people. It's always jarring. But I didn't turn my siren on at least, so I know, but that is actually comforting. I don't know if I like this anymore. This is fine. Where are you coming from tonight? Um I was just dropping my friend off at his car at my store. Oh, okay. Where is that at? Uh okay, Walburg. Oh, okay. It's over there. I own the store on Walburg. Which store is that? Um Color Rooster's. Color Rooster's, okay. It's at uh 16th Maple. Okay. And then just the registration card, please. Just uh another card. No rush. I don't I don't really get pulled over at all. I'm I'm Oh, that's good. I'll be there in a second. And this is actually a really big And I I I don't actually know what the registration looks like. Uh it's a small card. Uh Perfect. There we go. Nice. I thought it was the same. When I was younger >> a smaller thing. Yeah, no worries. Okay, do you know why I'm pulling you over? Just No, actually. I was Okay. I I think cuz there's a small light here and down the hill that always yells at us when I'm getting bagels. So Oh, well, yeah, yeah, yeah. The speed sign? No, um your lights aren't fully on. So when you drove by me, uh the rear lights in the back are just completely dark. So you're driving with only your uh I'm sorry. >> There you go. Yeah, you just weren't fully clicked on. You're clicked on. Yeah. So it's like your um parking lights were on, but the rear lights, there was nothing. So >> Oh, this car drives by, how you see glowing red lights, you know, they're not pressing the brake. He uses >> his little prices on this stupid wireless here. Cuz sometimes he does this, and Oh, okay. My thing is always on auto. Yeah, yeah, it's well lit here, so signs it won't automatically turn all the way on. It'll just do the headlights, so the rear lights won't turn on. No worries. >> home, I'm this way and to the right. No worries. Yeah, I saw I saw your address, you're almost home. Yeah, but you can follow me home. I'm really sorry. >> [laughter] >> No, it's all right. Um yeah, just uh speaking frankly, there is an odor of alcohol uh coming from the vehicle. My my friend was drinking, so I dropped him off at the park. Okay, that's fine. Um I smell from the inside of the vehicle, so I'm not saying it's necessarily coming from you. He was drinking. Okay. >> I swear it was not me. I told you that I didn't Where are you guys out tonight? And we're good? I took him to a friend's house, and then we all came back. I made sure that I do drink cuz I don't have a license and all of this. Okay. >> after that, I dropped him off at his car, and then I came home, but he was okay. Okay. >> So I did my part, but I live right here. No, that's fine. That's fine. Um just uh couple non-invasive tests just to make sure you're sober enough to drive. >> Can Can we Can we at least park at home so my husband knows I'm home? Uh it shouldn't take that long. Yeah, so don't worry about the timing. Um is he awake right now? Um I can call him. You don't need to. You don't need to wake him up for this. I will All right, so How about this? Don't call him right now. It'll It'll take less than It just has to prove that you're sober, so Don't worry. Well, I am. I I just want to make sure that at least he knows. Okay. You just tell him you're pulled over. He's here. I'm like two blocks up. I dropped Randy off at the store. I got pulled over, but I'm not over the speed limit or anything like that. I just didn't have a light on or Officer Sherman? I'm sorry, Officer Sherman. >> Sherman. Yep. Officer Sherman said that my light wasn't on, and so he wants to do a couple of tests, but I didn't really do anything wrong to like over anything other than my light. No, you're okay. Like I said, I You just smell an odor of alcohol is coming from inside the vehicle. That's all. >> Yeah, that's fine. Yeah. Um he's over there. So you don't even have to get out of the car for this test. That's fine. >> to walk out and come see me or He doesn't hear me. Yeah. So you can walk out? I'm literally two blocks down. He's asking if I can step out. You know, I dropped Randy home. I was not drinking that much. I drank about like six, so I was dropping Randy off. Can we at least Can we go home and do the test? No. Okay. Like I said, it won't take that long. No, like I said, it won't take that long. I'm >> Like I said, I smelled I smelled the odor coming from inside the vehicle. Uh you're obviously not outside the vehicle. So that I'm just going to do a test where you're still going to remain in the car. It's very non-invasive, and uh Okay. But can you at least save me? Yeah, I'm here. Thank you. Okay. All right, so the first thing I want you to do is common alphabet. I want you to start at the letter D, and recite the alphabet to letter P without saying it. Oh, without saying your D. F G H I J K L M N O P. Okay. All right, the next test, what I want you to do is I'm going to assign a number to each finger. Pointer finger one, middle finger two, your ring finger is three, pinky four. Each finger is going to find the thumb. So we're starting with this one, two, three, four. We're going to go one, two, three, four, four, three, two, one, one, two, three, four, four, three, two, one. I want you to do exactly what I just did. 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 Again, uh the pointer finger is one. 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 Perfect. Okay. Um the last test, you do have to get out of the car. I just have to do an eye test, and then as long as I don't see any indicators of alcohol. I have contacts. That's fine. That's fine. >> Should I take it out? That's fine. Thank you for being here at work. That's what fine. Okay, so if you don't mind just stepping out of the vehicle, ma'am. Hey, do you want to come or are you okay? Um I'm right here. It's going to be fine. Thank you. Okay, just step to the rear of my car. The rear of your car or Oh, I'm sorry, your rear of your car. Okay. Uh so like I said, part of that you're driving at an hour where people drink and drive. I know. There's an odor of alcohol coming from your car. Um so you you wear contacts? Okay. >> take them out. My husband can bring my glasses. >> No, that's fine. So would you have any difficulty just tracking my pen side to side? No? Okay. All right, and are you on any medications? Okay. So just feet together, hands down at your side. I will give you an alert that I am wearing heels. I see that. So luckily right now you're not moving. You're just standing still, and just you're looking forward, okay? So see how my pen, it goes to an orange tip? What I want you to do is you're going to be tracking that. You're going to be keeping your head straight, and you'll be moving this side to side. You'll be tracking the orange, but keeping your head straight and only tracking with your eyes. Do you understand? Okay. So you see that? Okay, so just uh please just keep your head straight. It's okay. It's okay. All right. Okay. You're going out of my range to the right. >> That's part of the test. So part of the test is your eye is going to go to the maximum it can. So in order to do that, I do have to extend outwards, and part of that is naturally your eye can only extend so far, but that's fine, okay? So we're just going to resume. I can't go further than that. >> That's fine. That's fine. Okay. Okay, just uh So again, uh the pen is going as far as your eyeball can go. Okay. That's part of the test. Um so I can't go further >> just put your eye as far as it can go. And um That's fine. >> Yeah, naturally your eye can't spin around in its head, so Yeah, so your eye is going as far as it can go, okay? Okay, just track the pen. I can't go further than that. >> That's fine. I don't know if I'm supposed to. So, you see this? Mhm. Okay, you just go as far out. Okay. All I can see further than that is the chimney of this house. So, that and then then your pen goes beyond my perspective. >> That's fine. Okay, good. Okay. Right? Okay. And I can see Just head straight and then you're just moving your eye as far as it can go to the side tracking my pen. I'm shaking. Yeah, okay. Here you go. And your hand is not shaking either. But I can only see the chimney. Okay. And just keep your head straight. You're kind of moving your head, okay? Sorry. I see the flashlight. Sorry. That's my best out. I told you I live right here. Yeah, I know I know where you live. Okay, right here. Okay. Sorry, I'm following your light. Sorry, distracting. That's okay. My light's staying still. The pen is what's moving, okay? So, you're tracking the orange. But I can't go faster than chimney. That's fine. So, >> keep going further than chimney. So, all you need to do is just for as long as my pen's out to the side, just just keep your eye to the side, okay? That's all you need to do. >> I can't go to the pen, is that okay? You just got to go as far as your eye can go, okay? Okay. Just all the way to the side. I see some white in the corner of your eye, so you're not looking all the way to the side. I can't go further than that. Okay. My cousin hit me in the eye with a uh What do you What do you call this? A Nerf gun once. Mhm. So, I can't go further because she blinded me. So, this is the best I can do. Okay. All right. So, let's go. This I don't have to move my head. The other side. Okay. >> It's a little different. >> I understand. Okay. No head movement. No head movement. >> And then the other side I can see the chimney. And I was I was here. Okay, right here. And then I can only see the chimney. Okay. Uh so, just speaking frankly, I have to do it for 4 seconds. So, you have to keep your eye to the side for 4 seconds, okay? >> Okay, and just head straight. You you keep listening to the side, okay? Okay, and again, just head straight, okay? All right, you're only moving your eyes, okay? >> Okay. Okay. Okay. Back here. I can't go further than the chimney, just so you know. Well, you're tracking the pen, not the chimney, okay? So, you're looking at this. Not moving my head. >> Okay. All right, we're going to move on. Okay. All right, I you're just not tracking it, okay? Okay. Okay. And then we're going to be going up, same thing. I just want you to keep your head straight. I don't want you going up with your head, do you understand? >> No no problem. >> Okay. I can't go up further than that without moving my head. >> Okay, then. Um we just have to do the walk and turn test. Um do you want to lose the heels? That's fine. Yeah, you can kick them off here and you can leave them right there. >> I'm a terrible walker, so just so you know. That's fine. Okay. So, you can just step up on the sidewalk if you may. Okay. All right. So, uh no leg injuries or anything like that, nothing that would inhibit you from walking side to side? I did just do my squats a couple days ago, so I'm sore, but I will do my best. That's fine. Most are also do squats too and we would have no problem doing this test, so >> but I will do my best. Okay, so what we're going to be doing is walk and turn test. What I'm going to put you in the starting position. So, we're imagining a straight line right in the middle of the sidewalk, okay? What I want you to do is put your left foot on that line and put your right foot in front of your left foot with your right heel touching your left toe. Like >> And So, >> Just so you know, my my toes are actually naturally curled in. That's fine. It's It's heads up, I'm ballet dancer, so I'm actually quite bad at this. That's fine. If you do ballet, walking a straight line should be of no issue for you, okay? >> Okay. So, imagine there's a line. I'm just putting you in the starting position. I don't want you to walk. I want your left foot on the line. So, put your left foot on the line. Put your right foot in front of your left foot with your right heel touching your left toe. And again, I don't want you to walk yet. Just follow my instructions, okay? Okay. So, put your left foot on the line. Put your right foot in front of your left foot with your right heel touching your left toe. And then just keep your arms down at your side and remain in that position while I explain the test. >> Can I fold them up? Your what? >> My heels are going underneath. My pants are going underneath. Oh, yeah, you can do whatever to make it easier. That's fine. Just so you know, I'm a little afraid cuz I'm shaking. Okay, all good? Okay. So, again, imagine there's a straight line. Just put your left foot on the line and put your right foot in front of your left foot with your right heel touching your left toe. And then just keep your arms down at your side and stay in this position while I explain the test. Okay, while you explain. Yeah, so I just want you to remain in the position I described, which is your left foot on the line with your right foot in front of your left foot with your right heel >> That's okay. I I'm not trying to intimidate you. I'm just trying to explain the test. >> okay. Yeah. So, what I want you to do is In general, I'm really bad at this. It's my friend's joke about it, so it's okay. That's okay. So, left foot's on the line. Right foot is in front of left foot with your right heel touching your left toe and just keep your arms at your side. Remain in that position while I explain the test. Do you understand? Okay. When I tell you to, you're going to be taking nine heel-to-toe steps along this line. You're going to turn around in the manner that I demonstrate and then you're going to take nine heel-to-toe steps on the way back. Can you explain to me why I why I'm actually doing this test? Absolutely. I I've asked every other test up until this point, including your tracking test. Absolutely. I told you that I'm here and I've explained why the odor comes from my car and considering that I have no history of this, can you explain Absolutely. So, these tests prove your sobriety. >> I'm just That's fine. I'll I'll be more than happy to. So, these tests prove your sobriety, okay? So, I want to >> that explains that I'm not sober, including my stance? Yes, absolutely. The uh test I just did, I didn't have indicators to prove that you are impaired. So, I want to continue to give you the opportunity to prove that you're not impaired. What about previous testing? So, part of this is completing all the tests, which are standardized tests and it gives you a fair shot to prove that you're not impaired. But what about our previous testing proved that I was not impaired? How about this? Let's just continue with the testing. Wait, I'm I'm happy to. Yeah. I'm just very curious as to to why I'm continuing with you this. Like I explained, it proves that you're sober enough to drive a vehicle. Uh the state limit is 0.08. So, part of these tests is standardized. I'm trained in standardized testing and it proves that if you're impaired or you're not impaired. So, I'm trying to give you a fair shake to prove it to me that you're not impaired. I I will do this test. Okay. Just so you know, but I want to know what I failed in the previous test. I'll explain to I'll explain your results at the end, okay? No. So, let's just continue with this test. I want to give you a fair shot. So, if you don't mind, just please get back in the starting position, please. No, but what did I fail about the tracking test? I'll explain to that to you later, okay? >> Can you explain now? Sure. Uh the I had indicators of impairment, so your eye >> What were the indicators? I'll explain that to you later. Could you kindly, please, with the best of kindness that I have asked, what was it that I failed about the tracking test? I'll explain it to you later. Let's continue with the test, otherwise I'm going to make the determination right now, okay? So, I want to give you a fair shot to do the test. Okay, so please just get in the starting position again as I described. Okay. So, that's your left foot on the line with your right foot in front of your left foot with your right heel touching your left toe. Okay, are you going to continue the test or not? I I will continue the test, but I would like to understand what happened in the previous test. I'm not going to explain that at this time. But why can't you explain it? Because I want to continue with the test. I don't want to waste too much time. We're standing on the side of the road. I live here, so I have a lot of time. Absolutely. So, speaking frankly, it's either you're going to perform the test now or we're going to conclude the test right now. So, it's your call right now. No, we don't have to conclude it. You can explain I will continue the test. Okay, then let's continue it. >> What about my tracking test? Save. Save. Just take a breath. Do it. Fine. Just finish it. Fine. Okay, so are you ready to continue? >> think I failed the tracking I know, it's fine. Just finish it. Just Come here. So, you're ready to continue? Okay, so put your left foot on the line. On the line? Yep. Put your right foot in front of your left foot. With your right heel touching your left toe and keep your arms down at your side. When I tell you to, you're going to be taking nine heel-to-toe steps along that line. When you tell me to? Yes, ma'am. So, you're going to be taking nine heel-to-toe steps along that line. You're going to turn around in the manner that I demonstrate and then you're going to take nine heel-to-toe steps on the way back. >> Nine and then Okay. So, I'm going to demonstrate over here. Are you going to do steps or not heel-to-toe? I'm just demonstrating it. So, this is the starting position. You're going to be taking nine heel-to-toe steps along the line. One, two, three, all the way to nine. You're going to turn around taking short, choppy steps. One, two, three, all the way back up to nine. During the test, you're going to look down at your feet. You're going to keep your arms down at your side. You're not going to stop the test until you're complete and you're going to keep your arms down at your side. Do you understand? I understand. Okay. So, you may you may start this test, ma'am. Does this count as one? Uh just as I demonstrated it. Does this count as one or not? Just as I demonstrated it. Do you want me to demonstrate it again? Is this one? No, ma'am. That's it. One, two, three, four, five, six, seven, eight, nine. Short, choppy steps. Is that okay? You can continue this. One, two, three, four, five, six, seven, eight, nine. Do you want short, choppy steps around? Okay, you're all done. So, just turn around and face me. Can I regular step or Yes, ma'am. Okay, so the next test, just put your feet together, arms down at your side. >> of the last test? No, one more test. So, feet together, arms down at your side. The next test is the one-leg stand. Uh when I tell you to, you're going to raise one foot, either foot of your choice. Sir, I I believe I did this test. I did every other test and I passed according to my standards. Again, as I explained, uh the tests that we're trained to perform are standardized. So, part of those tests are what I'm doing right now. So, >> anything up until now, Again, let's just continue with the test. Okay? >> I refuse? I'm giving you a chance to continue this test. And I'm just asking if I refuse. Do you want to continue this test or not? I'm happy to I'm like happy to continue, but I would like to know where we are considering Part of it is it's either you're going to in this moment continue the test or you're choosing to end these tests. That That decision's in your hands. >> Let's do it. Babe, you know regularly I cannot >> I know. Just do it. Okay. So, put your feet together, arms down at your side. When I tell you to, you're going to raise one foot. It's either foot of your choice. You're going to raise it approximately 6 in off the ground. You're going to point your foot out and keep it parallel to the ground. And you're going to count in the following manner: 1 1,000, 2 1,000, 3 1,000, 4 1,000 until I tell you to stop. It's going to look something like this. 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000 until I tell you to stop. Do you understand? I do understand. Okay. You may start the test. >> Is there um a maximum in which this can go until? It's until I tell you to stop. Okay. So, you may begin. Can I have a moment? Okay, arms down at your side and count how I told you to. 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, 11 1,000, 12 1,000, 13 1,000, 14 1,000, 15 1,000, 16 1,000, 17 1,000, 18 1,000, 19 1,000, 20 1,000, 21 1,000, 21 Okay, ma'am. You can stop. Okay, ma'am. I have enough indicators that you're impaired, okay? So, just please put your arms behind your back. Okay? Babe. What's wrong? Okay. What's wrong? Just please figure it out. Okay. What's wrong? What happened? I failed. Okay. What happened? I failed. Did they explain why you failed? Okay. Other hand? I failed. What happened? Can you explain why I'm failing? Yep, I had enough indicators that you are impaired. So, you're under arrest for driving under the influence. What did they say? What did they I'm under arrest for driving under the influence. Okay. Oh, good. You again? All right. So, you're just going to come to the side of my car. Okay? Right over here, ma'am. You're going to come with me? You can meet us back in the police department, but please just walk over to Officer Bernhardt. Okay, you got to go in the back of the patrol car. Okay? So, please come over here. I I did everything. Sir, you can meet us back in the police department. Um yeah. Okay. We'll be We'll be at the police department. We're doing a short ride up the street, okay? All right. So, please just come over here. You're going to be sitting in the back of the patrol car. No, no, no. It's fine. We'll We'll bring them with us, sir. Okay. Just please uh have a seat, ma'am. Uh are you okay, please? Do you want the seat down? Uh yeah. Is he okay? Yeah, it's okay. I I got I got I got it. Thank you so much. Are you okay? There you are. Okay. Excuse me, babe. Can you just please lend the door? Can I just We're not going anywhere yet. No, no. I know I don't want you to go anywhere. I just want to make sure that he's okay. Oh, he's okay. Yeah. >> Cuz he was sleeping. Babe. Yeah, he's okay. Uh-huh. Don't say anything. Okay? No, it's not about me. Are you okay? >> Don't say anything at all, right? I I I know, babe. I Okay. So, >> dropped a wrench in the car. All right. So, we're just going to take a ride up the street. Just give us a minute. Okay. Uh sir, are you the registered owner of the car? She is. She is. Okay. Um I believe we're both on the Both registered on Okay. Are you okay just driving it back to the house? Uh because the alternative is we would have to impound it and I don't want to do that. Okay. Um part of a DWI arrest is you just have to look for intoxicants like where she could reach. Uh so, just give us me a minute. I just have to look at where she she had immediate access. You can stay on the sidewalk with Officer Bernhardt. Sir, do you want to hold on to your phone or do you want to just bring it with us? Are you going to be coming right to the police department? Okay. Okay. Um yeah, just take your time. Uh in New Jersey, it's not a criminal offense, so we just have to do some paperwork with traffic and then uh she'll be released to you. >> what happened. Yeah, she uh failed the sobriety test, so she's impaired. >> Uh that'll be on the paperwork. She's an adult, so I know you're her husband, but I don't have to disclose that to you. Um so, it'll it'll be on all of my officer's report. Um but if you meet us at the police department, uh we'll release her to you once we're all done, okay? All right. I'm putting her in the back of the All right. Thank you, sir. Yeah. Yeah, that's fine. Is he okay? Yeah, he's okay. He's uh meeting us at the police department. Okay, good. And again, just to explain the stupid box in the car, it's my store's delivery. That's fine. It's wine. That's fine. I'm just bringing a random box of wine. I'm going to transport one adult female on the arrest back to headquarters starting 3 5 4 2 6. Ten-four. I'm so I'm so confused. I didn't ride over the speed limit. I wasn't out of lane. I was just turning home to go home. I did my part. I I'm on a business errand. I feel like an idiot for going out for the first time. I thought I had your cruise light on. I should have just stayed home. Sir, Yes, ma'am. Can you explain to me anything about my testing and at what parts I failed? Absolutely. I would rather do that uh when we get back to the police department instead of just uh talking to you through this cage. >> No, you you >> So, uh we'll be there in about a minute. >> I'm actually happy to This is not me being upset. Actually, I I I I genuinely would like to know uh at what point in my tracking um at what point in my my count with my my leg above and my stepping, at what point did I fail? Truly. That that you're upset. I saw you when I was turning. I know where I was in my speed limit. If you could explain where I had failed. I I know that I dropped my friend off home. I know he had been drinking. I know I did my part. If you could explain to me where I had failed. And I and I know I requested it. I'm not mad at you. I I genuinely would like to know. I'm just one of those people that wants to know how I messed up. I've been here before. I did my interview here just a month ago. I know how much my license means to me. My ending is the same. Uh 458, just what was the time of stop? 1:32. Time of stop was uh 1:32. You also could have driven me here without handcuffing. I would not have resisted. I'm sorry that you felt like I would have. If there's something I did that made you feel like I would have resisted, I'm sorry. Officer Sherman, is there anything you can say to me? Just give me 1 second. Does my husband at least know that we'll be here? Yeah, he's here right now. I'm just printing out uh some paperwork for you and then we'll be in in a second. Is there anything I did to upset you? No, absolutely not. You're very polite. Your car is making strange sounds back here, just so you know. I couldn't stop this from happening. Okay. Okay, and then just be careful stepping out. I had a pair of flats in my car. I should have told you that. Oh, I I brought your heels there in the room.