Ashley, I'm going to ask you one more time and I'm going to put you in handcuffs or you're going to go to jail for resisting without violence. Sit down now. >> Are you really going to do that? >> Okay. Yep, you're under arrest. Nope, you're under arrest. >> On March 5th, 2023, in St. Johns County, Florida, an officer found a woman unconscious in the driver's seat of a parked vehicle with keys within reach and open containers of alcohol inside the car. Three charges followed. Driving under the influence, resisting an officer without violence, and possession of a controlled substance. She was sentenced to 1 day in jail. Here is what the law actually says about each of those decisions. >> Hey. Hey. Hey. Hey. >> She woke up. >> You see any guns or anything? >> No, we're looking at her. She woke up. I was speaking with her. I think she came to visit someone here. My guess is they had a fight and she was asked to leave and she was sleeping in her vehicle. >> We did see her. She was walking and she >> I think Yeah, I think that this is more drug-related than anything. Hey. Hey. Hey. Hey. Hello. Hello. What are you on? Hello. What are you on? What are you on? You get Narcan if you don't wake up. Can you talk? Huh? I have my car. What's going on with you? You got guns in your in your in any of these purses or anything? I don't know you. Why are you looking at me like that? I don't know you. Well, I don't know you. Where are your car keys at? They're in your bag? >> No. I'm sorry. >> You're just taking them off? You under the influence of fentanyl, heroin, or any or an opiate? >> No. >> Your eyes twit Your eye twitching says otherwise. You're You're on something. What do you What are you on? Are you just drunk? Huh? Have you ever used drugs? Other than marijuana? >> Sorry. Sorry, yeah. >> You're fine? Okay. So, in the state of Florida, how it works is if you're sitting in the driver's seat and you're in actual physical control of a vehicle, and you were intoxicated or under the influence of narcotics, you are committing a driving under the influence, correct? Which is a first-degree misdemeanor, right? Okay. So, your keys are actually right there, right? Very easily accessible from where the seat belt is to in the ignition, correct? You have three open containers in the car that I've seen. Do you have any drugs in this car? >> No. >> Do you mind if I search? >> No. Sorry. >> How about? Do you have any drugs on you or guns or anything crazy? >> No. >> What are you doing? Why are you coming over to me? Go sit down on the curb. Sit down. Do you need Do you need medical assistance? >> No. >> I cuz I don't think I've ever been If you're drunk right now, and this is only I don't think I've ever been as drunk as you are right now. Are you on something? Just be honest with me. >> I'm not, dude. >> So, what's going on with you? >> What's going on with you, then? >> Do you take prescription medications? Just don't touch me, okay? I'm listening to you, just don't touch me. What's going on? >> Uh you're not going to believe me. I don't know what I said. A girl A girl A girl's going on with me. A girl's going on with me. Nobody ever believes that. Nobody ever >> A girl's going on with you? >> Yes. >> Why wouldn't I believe that? That's not like any >> No, yeah, it is, though. It is. >> So I'm sure that you are having some sort of issues, some personal issues. I'm Listen, all I'm Why? There it is, right there. You can read that. Listen. >> No, it's not cool because I the girl >> All I'm doing, right? >> I know what you're doing. You're doing your job. Doing your job. I know what you're doing. Girl lost me. Sorry. Sorry. >> Are you on Are you just intoxicated or are you under the influence of drugs? Just don't touch me. You got to back up. >> No, I have no marijuana. >> Weed is not what you're on right now. Medical marijuana has nothing to do with this. Do you know what city you're in? >> Jacksonville, Florida. >> No, you're not. No. >> Jacksonville, Florida. >> No, you're not. You're not even close. >> I'm not even close to Jacksonville, Florida. >> No. >> I'm not in Jacksonville, Florida. >> No. You got to quit walking towards me now, okay? So, next time you walk towards me, I'm going to ask you to step on the uh sit on the curb. Right? >> I'm not in Jacksonville, Florida. >> No, not even close to Jacksonville, Florida. >> Well, are you kidding me? >> No, I'm not kidding you. It's not a joke. >> Well, well, are we in St. Johns County? >> No, we're not even close to St. Johns County. We're two counties away from St. Johns. >> Yeah. >> Do you have any And there's no drugs or weapons in here? >> No, that's >> Okay. What's your What's your first and last name? >> Ashley. >> Okay, do you know what year it is? >> Yes, it is 2023. >> Okay, how many quarters make a dollar? >> How many quarters make a dollar? Four. >> Okay. Who's the president of the United States? >> The president of the United States should not be Trump. >> It's not Trump, so you're correct. So, who So, who is the president of the United States? >> I I I don't know. Who's the president of the United >> It's a question though. I know you know it. Who's the Who's the governor of Florida then? >> You. >> No, it's not me. I wish it was, but it Who is it? >> I don't know who's the governor of Florida. >> Yeah. Here's what's going to happen, okay? Do you have any Do you have any other drugs in here other than medical marijuana? >> No, it's just my medication. >> How many beers do you think that you've drank today? >> I drank eight. >> Don't touch me. >> Oh, it's I don't even know. Five or four. >> Do you know her? Do you know her? >> Yeah. My friend. I'm with her. >> Is everything all right? >> No, I'm all right. >> What's the problem? >> I'm all right. I'm all right. >> I just want to know. >> Yeah, I I >> Oh, wow. >> There he is. I don't even want to have him at home. Yeah. It's drugs. I'm so sorry. >> Who's he to you? >> He's like my best friend. My friend. But it it doesn't matter. >> I know who he is. >> Ashley, but you definitely >> It's him, too. >> I'm talking to him. >> Hold on. Hey, Ashley. Ashley, get your hands off him. Ashley. >> I'm trying to help you out, bro. Because she's not going nowhere. I don't know what the problem is. What's going on? She's not leaving. She's with us. She's staying at her friend's house. What What's going on? >> Why do you and your What the What my problem is is that I'm here This is a criminal investigation and then you and your buddy come over here and now you're impeding my criminal investigation. Does it matter to you? >> It does. It does. >> Who are you? Ashley, quit Don't touch him. >> Ashley's talking. >> It does Who are you? >> I'm Sean. My name is Sean. >> Okay. So, here's the deal, Sean. So, what business is it of Are you a police officer, Sean? Do you work for the State Attorney's Office? Ashley, you need to You need to go sit down, Ashley. Hey. Ashley. Stop. Stop. Ashley. Ashley. You got to get out of his face. Hey. Ashley, this is This is Hey. Ashley. Stop. Ashley, stop getting off me. Ashley. Because I'm telling you to get out of his face. Go sit down. Come over here. Come here. Come here. Come over here and sit down. Come over here and sit down. Ashley, sit down. Ashley. Sit down. Sit down. Ashley. Stop. Ashley, quit touching him. Ashley, I'm going to ask you one more time and I'm going to put you in handcuffs. You're going to go to jail for resisting without violence. Sit down now. >> Are you really going to do that? >> Okay. Yep, you're under arrest. >> Under Florida Statute Section 316.193, a person does not need to be driving to face a DUI charge. The statute covers anyone in actual physical control of a vehicle while impaired. In State versus Weaver, Florida's Fourth District Court of Appeal held in 1992 that a defendant found asleep with keys accessible was in actual physical control. The capability to operate the vehicle, not the act of driving, is what triggers the statute. A bystander in this encounter argued that keys outside the ignition defeat the charge. That argument fails. Under Florida case law, proximity to the ignition, not position in it, is the controlling standard. The keys were in the subject's bag, within immediate reach. Three open containers were visible in the vehicle, itself a separate violation under Florida Statute Section 316.1936. Combined with visible impairment and an admission of 10 beers consumed, the officer had clear probable cause to proceed. The subject voluntarily consented to a search. Under Florida versus Bostick, decided in 1991, consent must be freely given. It was. Whatever was recovered was constitutionally obtained and formed the factual basis for the narcotics charge. The officer did not issue Miranda warnings during the investigatory phase, and that was correct. Under Berkemer versus McCarty, decided in 1984, roadside DUI questioning is not custodial interrogation. Voluntary statements at the scene are admissible without Miranda. Florida Statute Section 843.02 requires only obstruction of an officer in the lawful execution of a legal duty without violence. Tensing the body and refusing compliance during a lawful arrest each independently satisfy this statute under established Florida precedent. The officer issued three verbal warnings before making the arrest, named the specific charge, and gave a final chance to comply. Under Graham versus Connor, decided in 1989, force is judged by objective reasonableness from a reasonable officer's perspective. The restraint applied was proportionate. >> No, you're under arrest. >> I understand both sides, but listen to >> No, I I told you, you got to chill out. No, we've been doing this No And that's why she's sitting in the car. She's under arrest. She's We're going to do a DUI investigation, too. >> Really? She's not driving. >> Go away. Go away. >> No. No, this is my friend. You got me >> Hey, I'm going to ask you to step back. >> No, I'm not. >> Okay. You're about to go to jail. Either you step away from me and quit blocking me to my car, or you're going to jail. Step back. Dude, I'm not playing. Do I look like I'm playing? You need to quit getting in my face. Right? Ashley. >> You really going to You really going >> You're tensing your body. That's actively resisting. Stop. >> You really going to arrest me, dude? >> You're under arrest. >> no, hold on. >> Stop. Lean up against the car. >> Really going >> Just stop. Do you have anything on you? >> You really going to arrest me, dude? >> What are you charging her with? >> You really going to You really going >> Stop. Turn around. Turn around. Turn around. >> Hold on. I'm asking >> Back up. >> Ashley, follow us. She shouldn't be doing this. She's staying >> She's not. She was sleeping in her car intoxicated with multiple open containers. That's your guys' Okay. Goodbye, guys. Stop. Turn around. Oh, yeah. This is what I do. I look I I drive around. Cool. Do you have anything in your pockets? Do you have anything in your bandana? Chill out. Chill out. Chill out. are by my [ __ ] You know you ain't coming out, man. Come on. Get out my face. Come on. Come on, man. Come on, man. Come on, man. Do you have anything in your hand? Come on, you stop. All right. Go ahead and take a seat. Stop. Hold on. I got to tighten these handcuffs up. Stop. Ashley, you're about to go on the ground, Ashley. You need to chill out. You need to chill out. Chill out. Turn around. Sit down. Stop, Ashley. Stop. Get in the car. Get in the car. Stop. Have I been rude to you at all? >> Yes. >> No. No, I have not. I've been nice to you. Don't go in that car. Don't go in that car. >> That's my car. >> You guys need to back up. >> I'm right here, bro. We're right here. >> please. I don't know you. Dude, I'm doing a DUI. He's coming here to help me complete a DUI investigation. I tell her multiple times multiple times. Listen. Do you want to talk to me or do you want Do you want to just talk over me? If I get drunk, Okay. All right. I'm done talking. Go ahead, man. Go away if you don't want to talk. know the rules and that's messed up. >> What's the rules? >> She's staying at her friend's house so she doesn't drink and drive and you want to arrest her. >> Okay. Were they? The keys are are right here. Nope. They don't have to be. All you have to do is be in actual physical control. If the keys were in your guys' house, never would have done a DUI investigation. They're within They're like this, right? Hey, if you guys if you guys want to be police officers and you guys Okay. Go ahead and Google Florida State Statute for DUI. Read the entire statute, dog. Cool, man. This ain't Jacksonville. Look. Oh, man. What is that? That's not a water, right? Crazy, guys. But I am doing unlawful stuff, right? You guys want Yeah, she's actually minimum eight. Thank you, though. Oh. Me? I didn't say anything. No. So don't even act like you she's doing the wrong thing, bro. What? Yeah, I'm sitting here. They keep They keep walking up. The thing is I get why you guys are over here, but the problem is is you guys were making it worse, right? >> She just come over there and I don't know why she came to her truck, you know, she might have sat in her truck for a minute or whatever and I don't know how y'all came up on her or whatever, you know. We were just right over there just hanging out at the pool. >> Her phone's not in there. >> Her phone's not in there? >> No. >> You got to understand his perspective. He's here by himself. He's got three people to deal with. >> I can see how it looks for sure. What are you hitting your head on? Did you hit your head or your leg? Oh, it sounded like you were like banging the door. Are you all right back here? Okay. All right, I was just checking on you. I'm going to I'm going to ask her if she's cool with you taking her stuff though. All right, you will do that? Okay. Hey, are you good with Jeremy taking your stuff so it doesn't Because if so, how it works is I have to Listen, just listen to me, okay? Yeah, listen. Listen, I'm going to ask you a legitimate question, okay? Are you good with Are you good with Jeremy taking your stuff? Are you Are you good with Jeremy Come on. I'm going to make this for Yeah, listen. You just said yes. I just said yes. Do you want Jeremy to take your stuff? Okay, thank you. That's all I'm asking. All right, I'm trying to help you out. Do you want him to take your wallet and everything, too? No, unfortunately unfortunately, we can't. Is Can I give him your wallet and all this or do you want to take this with you? Okay. Do you know Do you know Jeremy's number? Do you want me to get Jeremy's number for you? Okay. Okay. Okay. Okay. Yeah. >> The officer receives a B plus. His legal foundation was sound, his field assessment was thorough, and he managed a multi-party scene without unnecessary force. Operating solo against non-compliant bystanders was a tactical vulnerability, but he handled it without losing control. Ashley receives a C, visible impairment, accessible keys, and open containers satisfied actual physical control regardless of intent. Continuing physical contact with a bystander after three direct warnings during a criminal investigation made the resisting charge unavoidable. That outcome was within her control to prevent. Sean receives a C+. His attempts to de-escalate Ashley were constructive, but his core legal argument, that keys outside the ignition actual physical control was wrong under Florida law, standing too close during the arrest also created unnecessary legal risk to himself. Every case like this one leaves something worth carrying forward. Here are five takeaways grounded strictly in what the law says and what this footage showed, starting with the one that catches the most people off guard. Lesson one, sleeping in your car while intoxicated is not a legal safe harbor in Florida. Under Florida Statute Section 316.193, accessibility of the keys, not active driving, is what triggers actual physical control liability. Lesson two, voluntary consent to a search waves your Fourth Amendment protection for that search. Under Florida versus Bostick, once you consent freely, no warrant is needed and any evidence found is admissible. You have the right to decline and require a warrant instead. Lesson three, compliance is not the same as agreement. Passive physical resistance is a separate charge under Florida Statute Section 843.02. It compounds your exposure immediately. Contest the arrest in court, not on the street. Lesson four, as a bystander, there is a legal line between support and obstruction. Watching and recording are protected. Physically approaching the subject of an active arrest or blocking an officer's movement can constitute a violation of Florida statute section 843.02. Lesson five. Knowing the law matters, but knowing it correctly matters more. A confident argument that is factually wrong does not change the statute. Verify your position against the actual text and case law before relying on it in a real situation. This case ended with a one-day sentence. But actual physical control, voluntary consent, resisting without violence, and bystander obstruction appear in body cam footage across this country every day. Understanding them changes how you read every encounter like this one. A note on sourcing. All statutes and case law cited here come from Florida's legislative code and published court decisions. The charges and sentence are drawn from the closing title card of the original body cam footage. All citations should be independently verified before reliance. 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