Step out over here. >> I'll step out of my car. >> If you do not start making some movement, I am going to pull you over the back of this seat and out of the >> No, you can't get out. >> On February 11th, 2023 at 4:30 in the morning, officers found a vehicle crashed into a tree with an impaired driver still behind the wheel refusing every command to step out. That 8-minute refusal is what makes this encounter worth analyzing because it touches four separate legal issues at once. Probable cause, use of force, implied consent, and Miranda. Start with the Fourth Amendment. Officers watched the vehicle strike a sign, nearly hit a concrete barrier, then drive into a tree. That is direct observation of a crime in progress, which established full probable cause before any officer said a word. >> Jesus Christ. What the [ __ ] >> 49, I got a DUI probably that's driving around by the pole right here next to me. Stand by. Hey, stop! Ma'am, [screaming] stop driving. Stop. Put your car in park right now. Adam 57, she's 10-50 right here into the tree next to the Denny's parking lot. Put your car in park and turn off the vehicle right now. Give me your keys. Give me the keys to your car. >> Smack. >> Give me the keys. Jesus Christ. Ugh. >> One second. Hey, I'm going to have an officer talk to you really quick and he'll cut you loose. Yeah, just get To be honest, that was not at all what I was expecting. Ma'am, give me Give me your keys, please. Keys? You're not going to be okay at all. Ma'am, please. I cannot afford I cannot afford to let you drive any further. I get that. Give me your keys. Period. Hand me the keys. Hand the officer over there your keys. Okay. You just ran over a ran over a sign, crashed your car into a tree. Yes. Yeah, so >> [snorts] >> Hey, if if he's good to go, just cut him. 57 10-4, just generate a separate call, we'll call it a 10-50 DUI for this one. We're literally right across the road from the street from the Tasty Crab. >> [cough] [clears throat] >> Okay. I'm going to have you hop out over there with that officer, okay? You can't go to the work in the morning. I don't know about that. You're going to have to hop out over this way and we'll talk about work in the morning. >> Guys. Let me go home. >> I need you to hop out of the car that way. >> For real. Like, no. Uh All right. >> Ma'am. You need to get out of the car. >> Dude, all right. >> Lexi, get out of the car. >> Dude, I swear. >> Okay. >> [clears throat] >> There's a tight squeeze here, buddy. >> It's final. Just switch me. >> The best bet's going to be to go out that door. >> I don't think she's She can't. It's pinned. >> No, the rear back. >> You think so? >> You don't even know my name. >> What I don't understand is they just pinned into a tree. So, you're about to come out the back door, either willingly or not, but you need to get moving. >> You got to go. >> Yeah. Our best option's here. >> Here? >> Yeah. I'll pull her out. It's fine. I'm sitting right there. She runs over the [ __ ] stop that sign there. >> Between the three of you? >> Yeah. Well, no. She pulled up out of the Tasty Crab over there, ran the sign over, was about to hit this, backed up, pulled up over here, and then just And this is all on body camera. I'm just like, "What the [ __ ] is happening right now?" >> I'm >> Just don't peel over this [ __ ] thing. >> I won't. Yeah, that's not going to happen. >> I think it's too tight, dude. >> Yeah, that's it. You didn't have your tail lights on, man. That was it. Yeah, they're on now. >> Give me that card. >> I'm leaving now. >> Right behind you. >> Don't don't don't hey. >> I'm all right. I'm all right. I'm getting out of the car. >> You need to get out of the car. >> I'M ON PROBATION. What about my job? Tell me ABOUT MY JOB. I'M WORRIED ABOUT MY JOB. I HAVE a job. Hey. I'll get out of the car. Hey. >> You're about to get drunk. >> You need to get out of the car then. >> I'll get out of the car. What about my job? >> We are done. >> My job. I'll exit the car. >> All right. Your job is fine. All you have to do >> Will you let me out? I don't know. >> Step out over here. >> I'll step out of the car. >> If you do not start making some movement, I am going to pull you over the back of the seat and out of the >> No, you can't go out. >> Then get out of the car. >> But hey. >> Let's move. >> Will you let me go I have a job. >> I am not letting you go anywhere. >> My in the morning. >> I have no idea yet. >> I have a job. >> I understand that. You are drunk and need to exit the vehicle now. >> Okay. >> You are super drunk. Either that or >> I need to know right now. My job. >> You I am going to tell you Ma'am, I am going to tell you one more time. Right now. If you do not go out that door right now. >> But my job. >> I don't care about your job. I care about you getting out of the vehicle. >> But hey. >> Step out of the vehicle. >> I work at Bridgestone. >> I >> I'm on a probation >> That has nothing to do with what's going on right now. >> That's everything to need to go out the door right now. >> will go out the door. But I have a job. >> Nope. We are done talking about your job. You need to go. >> You I can't lose my job. >> Yes. >> I can't lose my job. >> You're not going to lose your job. >> I will. I will if >> Then if you know you're going to lose your job, your probationary period has no point. I need you to step out of the vehicle. >> what is your name? >> I'm not going to tell you that, but hey. For real. >> Come on. >> No. Don't hey. >> Somebody hold this. >> Got it. >> Hey. >> Get out of the car. Get out of the car. Get up and get out of the car. >> I'm on video. Hey. >> That's great. You are on video. >> I am. >> Step out of the car. >> Hey, don't choke me. You're choking me. You're choking me. >> out of the car. >> I will. Hey. >> Stand up. Stand up like you know how. Okay. >> a job. >> All right, get up. That's great. I have a job, too. >> I know you do. >> car, stand up. >> I will. >> Stand up. >> I will. Hey, I'm on video. >> do it. I don't mind >> Open my car door. >> You need to listen, listen, listen, listen. >> Open my door. >> Listen, I need you to listen. >> I need to go. >> We cannot. Look at where you're at. >> I know. >> Okay? So, you need to stand up inside the car. >> [laughter] >> There's no I can't let anyone to do anything. Do it now. >> No. >> Listen. >> Open my car door more. >> So, here's what's going to happen if you don't get out of the car, okay? I'm going I'm going you right now, you're going to get pepper sprayed. >> Don't pepper spray me. >> Then get up and get out of the car. That's great. I'm just going to push this some more. >> Okay, I will open my door more. >> We can't. We physically are unable to. >> physically are Hey, stop. I'm a woman. Like all my shirts >> Then stand up and get out of the car and act like a woman. >> Okay, I WILL. HEY. LIKE A WOMAN. HEY. HEY. >> All right, hold on so she doesn't get jammed up on that. Yep. >> Hey. I know. I'm right here. >> Yep. >> Hey. >> Got her? All right, I can't see her. Step over. One, two, three, up. >> [snorts] >> There we go. And And please grab it back. >> Once the stop was lawful, the exit order was not optional. Pennsylvania versus Mimms, 434 US 106 1977 is explicit. Officers may order any driver out of a vehicle during a lawful stop with no additional justification required. That is settled law. The subject said she would comply, then didn't, then agreed again, cycling through refusal while redirecting every exchange toward her job. Under most state criminal codes, that documented pattern is obstruction of a lawful order. A second charge on top of the DUI. When physical extraction followed, Graham versus Connor 490 US 386 1989 is the controlling standard. Force must be objectively reasonable measured against severity of the offense, threat level, and active resistance. All three were present. Guiding her out by the arms without strikes or weapons cleared that bar. One moment did not clear any bar. An officer told the subject to act like a woman during extraction. That comment is gendered, prohibited under standard conduct policies in virtually every jurisdiction, served no tactical purpose, and created a valid complaint the department will have to defend. On field sobriety tests, the subject said she needed her attorney first. That is a valid Miranda invocation under Miranda versus Arizona. 384 US 436, 1966. Officers correctly treated it as a refusal and moved on. That was the one legally correct decision she made. The breathalyzer refusal was not as clean. Under implied consent law, present in every US jurisdiction, operating a vehicle constitutes advanced consent to chemical testing. Refusing adds an automatic administrative penalty, typically license suspension, on top of criminal DUI charges. She did not avoid consequences. She added one. The footage also does not clearly capture a formal Miranda advisement at the moment of arrest. Statements made in custody without that warning may be suppressible in court. DUI arrests are not exempt. The advisement must be documented on camera, not assumed. Inside the processing facility, the subject reported pain, need for a bathroom, and an oncoming anxiety attack. The 14th Amendment imposes a duty of care on officers for detainees in custody. Genuine medical complaints must be assessed and logged. Dismissing them without documentation is a liability. >> No need to pull away from us. There's no point. >> pulling away. >> You're not because you're >> arm. >> Well, that's cuz you're pulling away. >> I am not pulling away. I am not fighting you guys. >> You got it. >> Don't pull me. >> You got it. >> I'm sorry, guy. >> Yeah. >> I'm pulling away. >> You got her hand. >> Hey. But don't pull me. I'm not touching. Hey. >> You got warnings. >> I'm saying. >> I got you. I got you. Who's got the handcuffs? >> I have I'm not fighting you. >> They swam around on us. >> I don't fight me around. Don't do that. Okay? >> Will you act like an adult? >> Yes. I can act like >> Fantastic. >> We're all white. Hey. Every single one of you white. No. Give me my phone. >> Maintain control of her cuz we're in the middle of the road. Do we call out one to ten? >> Yeah. >> No. Wow. She drove up through the parking lot. >> So, I stopped the car. >> She pulled in here. Her car was over here in the Tasty Krab parking lot. She drove straight up next to me, ran that [ __ ] post over, almost hit the concrete barrier here, decided to back up, and then just drive along here and crash into the tree and the guardrail. >> Wow. This is intense. >> So. >> Let's get out of the road. >> Sounds good. >> All right. Somebody mind just taking care of the tow and I'll help. I'll swing around and grab her. >> We need to do a crash report. We have no [snorts] one out. >> Okay. And then I'll process her for whatever this is. >> Yeah, Gallion wanted one so >> Oh, I had asked him. You want it? Huh? You want it? Oh, okay. >> Yeah. >> Yeah, I'll flip around then. No. I thought they were saying you wanted one. >> [sighs] >> That was just absolutely wild. >> Step out again. We're going to switch cars. >> I'm going to have you hop in the back of my squad car, okay? >> Where am I going? >> What? >> Where am I going? >> You're going to be processed for a DUI. I'm going to ask you to perform field sobriety testing and then we'll go from there. Okay? >> Where's my stuff? >> Your stuff's in the car. What would you like out of the car? >> car, my purse. >> Your purse? >> Yeah. >> Okay. We can do that for you. I just need you to hop out, okay? >> No, I can't right now. >> What? >> I can't right now. >> No, you're going to hop out of the car right now and they're going to look They >> let me have my phone? >> Your phone is in this car right now. >> That's all. >> My phone's actually in my car. >> I I can't right now. I know, but >> Okay. You're not going to You're not going to get that right now. But, I'm just going to I know. Slide your feet out. >> Please, let me have my phone. Please. >> All right. You're not going to dictate what happens, okay? I am going to ask you to hop out of the car. >> I will hop out of the car, please. Let me have my phone. >> of the car. Step out of the car. >> my phone. >> No. And that's just how it's going to be. >> I know, but >> Swing your feet out of the car. >> At 4:30 in the morning, I need to have my phone. >> I can assure you that you're in no condition to be >> probation right now, period. >> I don't care. >> I just I don't >> Okay. Listen. It You are an hour and a half from supposed from you >> got off work. I work two jobs. Like, >> I get that. >> understand that. No, you don't get that. >> I understand that. >> mom. You don't get that at all. Like, >> Listen, I just need you to step out of the car. I am not trying to be unsympathetic, but in your condition, you have no business going to work >> [ __ ] >> in an hour and a half. >> But, on my phone. Ain't no hour and a half. >> It is It is after 3:00 a.m. right now. >> No. >> Sorry. >> On my phone. I need to have my phone. >> hands are messed up. It's 1:15. You are going to be in no condition in 3 hours and 15 minutes to go to work. >> [snorts] >> Okay. Step out of the car for me and we're going to go back here to this one. >> you have my phone? >> I do have your phone. >> Will you have my phone? >> Yes. >> Like now. I have my phone. >> I'm trusting you. Like I just need my phone. >> I just need you to step out. >> No. Hey. Don't manhandle me. >> I am asking you >> to god. Don't manhandle me. Oop. Don't manhandle me. >> You're forcing us to. >> No, I'm not forcing you to. I want you to have my phone. >> It's in the front seat. It's really right in front of you. >> Who's saying the front seat? The >> All right. >> Just go ahead and stop. No, no, no. Stop. I'm going to take the handcuffs off, okay? >> Yeah. I have to pee. >> What was that? >> I have to pee. >> You have to pee? >> And a bathroom. >> Okay. >> Yeah. >> Go ahead and turn around for me. I'll get you a paper towel. You have some wipes. >> No. Don't [ __ ] pee on me. I have I have mayo. [ __ ] >> Wipes. Hold on. No, no, no. Wait. Right here. >> I have to pee. >> Yep, and we're still going to wait right here. What was that? >> I have to wait right here. >> Yeah. Just come over here. >> You said to wait You said to wait right here. I swear to god. What's up? What's up? >> What's up? >> Like No, you heard me. You heard me. >> Lexi, I need you to step over here, okay? >> I'm right here. >> Hey, listen. It's going to be like maybe 5 minutes. First thing I'm going to do is we're going to do three tests, and then we're going to be done. You can go to the bathroom, and we'll get going, okay? So, what I need you to do is just step over here for me, okay? >> May I turn to my attorney? >> Like I said, >> May I turn to my >> What was that? >> My attorney. I need my attorney present. >> Okay. Are you not going to do these tests? >> I am waiting for my attorney >> Okay. Then, I will take that as a no, and you can go ahead and place your hands behind your back again. All righty. >> I got you. >> We're going to help her. Going straight down here. >> I need to call my brother. I need to call my brother. Yes. Thank you. >> You're going to need your hands. And I'm not shutting the door. The door needs to stay open while you're in custody. >> Okay. >> Yep. And you probably need your hands, correct? Why don't you use the toilet instead of standing in the middle of the floor? >> I can't pee my back things out. So, >> Would you like us to take your handcuffs off? >> I would like you to take my back out. I can't pee my back things out. >> Doesn't Okay. Step out of the bathroom, okay? >> Out of the bathroom? >> Yep. Stand next to the wall right over there. Take a step forward. Thank you. >> So, >> the door has to stay open. >> Okay. You don't want to see me. >> No, [laughter] I don't want to watch you pee, but you can use the toilet. >> Hey. Love it. >> The door has to stay open. >> I know. So, what? >> This is your opportunity to use the bathroom. Use it or don't. Or go back in the car. Okay, ready? Go. Go ahead and use the bathroom or don't. >> I got to pee. Hey, a little bit. Like >> The door is fine here. >> Hey, I'm 20 years old. >> Great. >> Period. >> Awesome. Use the bathroom or don't. Don't push this door on my Don't push the door on my foot. You want to catch an aggravated charge? Cuz that's where you're going to be. >> I have to pee. >> We aren't done here. >> I'm going to pee my pants. LIKE NO. HEY, [screaming] DON'T taze me. >> Stop fighting me and quit >> No, you are >> pulling your arms away. It's that simple. >> I'm not pulling my arms away. >> How old are you? >> I'm like 20 years old. >> OKAY. >> I HAVE >> [screaming] >> I HAVE I HAVE TO PEE. >> [screaming] >> I HAVE TO I HAVE TO PEE. >> [laughter] >> ARE YOU GUYS GOING TO TAZE ME? [screaming] I HAVE TO PEE. I HAVE TO PEE. I HAVE TO PEE. FOR REAL. I have to pee. NO. HEY, STOP. I HAVE TO PEE. Are you trying to [ __ ] taze me? >> No. [clears throat] Please, just >> take a seat and remain there. >> I will, but I have to pee. >> I have to go get my paperwork. I'll write down the vehicle information. >> Put your hands in front of you. The other one. >> Don't taze me. Don't kill me. Don't taze me. I'm going to >> Nobody's going to taze >> Okay. I have to pee. I already told you I don't want to do that. I have to pee. Like >> I'll be honest, that's not going to happen right now. >> I already know. >> When you get to the jail, they can do all that. >> I have no recollection of the event in question. You can get all my turn. >> Do you have anything in your mouth? Can you lift your tongue up? >> Saliva. >> Lift your tongue up. Keep your head down. And lift your tongue up like this. Okay. But you don't have anything in your mouth, correct? Other than your tongue and saliva. >> Why did both of y'all do me like that? Why? I'm just asking. So, I didn't look you up. >> Why did they have to do what? >> Why they have to do me like that? >> They had to get you out of the car because you were refusing to comply. >> They manhandled me. No, I wasn't refusing to comply at all. I complied 100%. Why did they have to do me like that? >> How many times did they have to tell you to get out of the vehicle? >> Once. One time. No, I swear no. >> I can tell you that I told you multiple times to get out of the vehicle and you >> Multiple times like what, two? >> And you failed to do so. >> Not two. I wouldn't know. What, two? Hey, listen to me. I wouldn't know. That's all I want to know. How many times did you have to tell me? Two or once? >> We told you way more than two times. >> To what? >> Get out of the car. I had to tell you more than a couple times. >> More than a couple like how many times? >> to give me your keys. >> I don't believe that. No, that wasn't even like that. Absurd amounts. >> [gasps] >> That wasn't even like that. You're being more than serious right now. >> I'm just telling you. >> No, you are playing with me. >> I'm not. >> Truth. Like I don't even know. I don't know the truth. >> The truth is we told you multiple times to get out of the vehicle. >> Multiple like how many times? >> And you failed to do so. You can probably You might be able to count them on both of your hands, but I'm not 100% sure. >> I think you think more than five times? >> Yes, I think so. >> No. I don't think so at all. >> You just told me that you thought that we only told you to get out of the vehicle one time, which is incorrect. So, are you willing to provide a breath sample? >> After you provide that information first. >> Okay, well that's not how this works, okay? He can get the body camera. That's no problem, okay? >> But I have to record everything that's going on right now until you go to the jail, okay? >> Yep. >> Are you willing to provide a breath sample? >> No. >> Okay, then can you please press the R button on that keyboard indicating that you're refusing? >> Go ahead. >> I need you to press it. >> No. >> Okay, that's fine. >> All right. Okay, let me get me out. I got bail money. Let me go. >> Hey, we're not going to be yelling. >> I got to go. >> Okay, well we are on >> I got to make my money somehow. >> You're not You're not going to work. You're not making any money. >> I have two jobs tomorrow. >> You got no job cuz you're not going to work tomorrow. >> You Don't think I'm going to work at all tomorrow? >> think so. >> I got to go to my second job, y'all. Uh the How am I going to support my kids with no money coming in? How do you think that? Like, how am I going to pay for a house? >> MAYBE YOU CAN GET OUT EARLIER, I don't know. >> How am I going to pay for propane? How am I going to pay for two acres of land with no work, with no money coming in? I I yeah, I hear. Can I have a drink? >> [gasps] [laughter] >> I need a drink. My drink is in my car. >> [gasps] >> You have your car keys? >> It's my keys for >> [cough] [clears throat] >> Don't throw up on this desk. You can't >> Okay. I need a drink. I know. I need a drink of water, for real. I need >> [laughter] [gasps] >> I need a drink. No. I for real. That's No. >> Hey, sit down. >> No. Okay. Okay. You can't hang in the wall. Hey, I need a drink. I ain't told you. Hey, I don't feel good. Hey, >> I don't care either. Hey, don't. >> I know. I got to come in I ain't touching white dog hair. No, I am. No, I am. Hey! HEY, I NEED HELP. I ain't GOING TO GET NO ATTENTION. I DON'T CHARGE. I HAVE NO CHARGES BEFORE. I'M DONE WITH THIS. I NEED TO [screaming] DRINK OF WATER. I'M NOT DRIVING. I NEED TO HELP ME. YOU CAN'T. YOU CAN'T. YOU HEY! NO, I'M NOT. I'M NOT. HELP! >> [screaming] >> HELP! HELP! >> RELAX. >> RELAX. COME ON. >> NO. GUYS, I going TO NEED A DRINK OF WATER FROM YOU. >> NO. >> I AM GOING TO BREAK MY SHINS. MY SHINS. MY SHINS. NO. WHY ARE YOU DOING THAT? GUYS. >> YOU GUYS WANT TO HEAR HER OUT IN the hall? >> No. NO. HEY, MOTHER GO. HEY. >> [crying] >> NO. NO. NO, YOU GUYS. STOP. GUYS. YEAH. YEAH, MOTHER >> [screaming] >> NO, YOU GUYS. STOP. >> YOU GUYS SMELL A OPEN. >> OH, MY HANDS. >> SHE GRABBED ANOTHER SET >> YOU'RE BRUISING MY WRISTS. >> SHE GRABBED another set of legs. >> You're bruising me. >> [laughter] >> I had told you I have to piss. >> How are you? >> Let me pee. Please. I SWEAR TO GOD, LET ME PEE. THAT'S ALL I'M [screaming] ASKING. I HAVE NO PRIOR CHARGES. I'M NOT TRYING TO FIGHT YOU GUYS. HEY, I'M LIGHTING I'M TRYING TO PEE. HEY. >> The primary officer receives a B minus. Eight minutes of verbal engagement before any physical contact is patient policing by any standard. The deduction comes from one gendered comment during extraction. And from negotiating over things that are not legally negotiable. Like the subject's employment and probation. Secondary officers receive a B. They supported the arrest, maintained control without unnecessary escalation. And did not contribute to the conduct problem that marked the primary officer's moment of failure. They performed their support role correctly. The subject receives a D. Invoking counsel before field sobriety tests was the right call. Beyond that, she drove impaired, crashed, refused to exit for eight documented minutes, resisted during processing, and added an administrative penalty by refusing the breathalyzer. This footage contains five specific decision points where the outcome could have gone differently. Each one carries a lesson that applies well beyond this parking lot. Lesson one, direct observation closes the probable cause debate instantly. Officers watched the crash happen. That first-hand evidence is the strongest legal foundation a stop can have, and it eliminated every Fourth Amendment challenge before one could be raised. Lesson two, an exit order under Pennsylvania versus Mims is not a negotiation. Employment status, family obligations, probation, none of those have legal weight against a lawful command. Engaging with those arguments, as officers did here, only extends a situation with one lawful resolution. Lesson three, knowing your rights means knowing all of them. The attorney invocation before field sobriety tests was correct. Refusing the breathalyzer without understanding implied consent turned a smart move into an additional penalty. Partial knowledge of the law is not protection. Lesson four, body cameras record everything, and everything becomes evidence. The subject's claim she was told to exit only once, and the officer's documented response that it was more than five times, both go into the report, and both can be played in court. Lesson five, professionalism is legal protection for officers, not just a courtesy. Act like a woman did not change the legality of the arrest, but it created a complaint avenue, a departmental liability, and undermined what was otherwise a measured, by the book response. The specific outcome of this case is not publicly known at the time of this analysis. What the footage establishes is that the stop was legally grounded, the force was within documented standards, and the subject's choices from the moment she got behind the wheel determined everything that followed. If there is an interaction or a legal question you want us to break down, leave it in the comments. If this analysis was useful, give it a thumbs up and subscribe to our channel so you do not miss the next one.