You haven't been there for me all my life. You know what I'm saying? You didn't say nothing to me. You sit up trying to make it seem like you did this and that. I never had my mama. >> On February 25th, 2024, in Daytona Beach, Florida, a single vehicle crash became a 30-minute body cam encounter testing three legal frameworks: driver identity, Miranda timing, and implied consent. >> 640 dispatch, can you put me out at DAB at Robert Intruder Perkins on Jimmy Webb? >> Hey, how's it going? Is that your car? Are you just helping out or >> Yeah, she called me saying she had a had two flat or she told me she had a flat tire. >> Okay. >> So, she sent me her location, so I came, pulled up and >> Are you driving? Okay. Do you know her? >> Yeah, just at the at the restaurant. We were going to go together. >> Okay. Uh where's the where's the driver at? Is that her? Was she in the passenger What did she hit? >> Look like a pole, maybe. >> Hello. I'm the driver. Yeah, I was going to say I'm the driver. I'm just waiting on A, on my double A A to >> Okay. >> Yes, literally. >> What did you hit? >> The curb. The roundabout. Excuse me, sir. I hit the roundabout on the service road. First of all, I hit the roundabout. Hello. I'm about 15 minutes away. >> Okay. >> I'm 15 minutes away. >> Okay. Where are you guys traveling to now? Yeah, thank you. Okay. And it was just the two of you hanging out? Okay. Was it just her in this car though? >> Yeah. >> Okay. Did you see her driving? Okay. Okay. So, where were you guys coming back from? Okay. >> Yeah, I was going to say I'm right here. I'm the driver. I'm calling my mom. She's so mad at me. >> Yeah. >> But, I'm the driver. >> Okay, got you. Do you mind just coming coming out of the car and talking? Why are you sitting in the passenger seat? >> Cuz my mom is calling me. I'm so stressed out. I'm overwhelmed, but I'm the driver. So, it's like I can talk to you, but >> Do you mind just I'll tell you what. What are we Since we're kind of in the middle of the road right now, why don't you just come talk to me on the sidewalk? >> I'm talking to >> 640S, my cell only one more. 640S, my copy that. Ford tag 185 4 Papa Victor. >> Excuse me, police. I cannot >> Yes, ma'am. >> You don't have to get out. I can give my name, my number or my address. >> just just cuz right now we're on the side of the road and I don't want you to get I don't want somebody to hit us. >> That's what I'm saying like right >> Yeah, so why don't we just get out and we'll walk over to the curb where it's safe. >> Uh-huh. >> And if you got your driver's license with you or anything like that as well. >> Okay, that's fine. Uh-huh. Freaking annoying. >> Let's walk this way. Let's see your driver's license, please. >> Yes, sir. >> So, where were you coming from today? >> Coming from um the byway there and uh Kennedy Square. >> The what? >> The Kennedy Square right there. Not too far away from where I am right now. >> Yeah, that's a way. This is what you need to follow this follow this signal one in this direction. Uh was it just you in the car? >> Yes, sir. >> All right. >> I ran over the medium, though. Can I I'm so cold. >> Yeah, I know, but right now you see how all these cars are going so close to your car? >> sit right in the car? I'm so cold. It's I'm freezing. I'll put I have nothing on my arms. >> you, but I just need you to bear with me. There's some couple administrative stuff we need to get out the way. >> That's fine. Um but I'm so freaking cold. Ooh. Ooh. Is it okay if I go to the car? >> No. >> Oh, no. >> No, no, no, no. >> No? >> Not right now because the car is still on the road and it's damaged and >> No, no, no, no. Okay. >> Yeah. >> This is my first time, so that's why I'm asking. I'm sorry. >> This is your first time what? >> Like Honestly, in like real trouble. >> Well, what are you supposed >> Even if I'm not in trouble, like getting pulled, like this is my first time actually like You can put my name, but I'm nervous because I'm getting my first time getting pulled over by the police. >> Oh, okay. >> I also real stuff, like I'm an entrepreneur, but >> Yeah. >> Jeez Louise, like I'm nervous. >> Okay, so just tell me how like the crash happened. >> I crashed right here on the median. >> Okay. And where were you coming from? >> This coming from South Adams Street. >> You were coming from South Adams Street? Do you remember the name of the business that you were at? >> No, sir. >> Okay. >> I was coming I was just literally passing through it and I seen the light right here. I hit the the median. I'm not going to lie to you. And that's all. >> All right. >> So, I hit the median and yeah, that's how I was in trouble. >> Are you um Are you um you didn't hit another vehicle or anything like that? >> No, sir. I'm I'm saying I'm saying my license clear. You can run my name, first and last name. I'm saying my license clear, everything, but I did all the real stuff. I was speeding. >> What's up, man? >> Hi. Okay, bye. >> See you on Thursday, man. You all right? >> Yes, sir. >> All right, can you just have a seat for me? >> I will, but I have a I have my stomach is hurting. I'm on my cycle. My my tampon is honestly I'm going to be honestly real. My tampon is in the car. >> Okay. >> I'm bleeding. >> Okay. I got you. But listen, >> No other I was saying I have no other Yes, sir. >> Miss Gardner, we can't have you go into the vehicle right now because we're in the middle of the road. >> need to grab my tampon. That's literally all. I'm not saying I need to in the driver's seat. >> In the driver's >> Yes, I need to grab my grab my purse. >> me just let me just turn off your car first, okay? >> Okay. Yeah, that's not a car. >> Hold on. Let me let me just go in there and turn it off. Miss Gardner. Hold on. You're not listening to me, please. >> Sorry. >> Let me just turn off the car, okay? >> Yes, sir. >> Go ahead and grab what you need to grab. >> Have you gone to the reference for anything yet? >> No, not yet. Um All right. >> Hello. >> So, apparently she was just driving ahead of the curb and somehow ended up >> Yes, sir. Like I told the other officer right here, I did hit the median. >> Oh, fresh. >> Yeah. So, I was on my way to the right. Uh student calling. I drove past her and I just wanted to make sure she was doing okay. This side tires were flat. But she was in the front passenger seat. >> Mhm. >> And then this gentleman, I guess was with her earlier, he's in that vehicle that's over there. >> Mhm. >> Uh >> Is that who she crashed with, him? >> No, no. I don't think I think he just stopped to help her out. Uh but it just looks like she I don't know how she ended up There's there's skid marks right there so it looks like >> Where did this come from? >> Yeah, so she like hit that and then So, I don't know if she took it the wrong about the wrong way or what. >> What she saying? >> So, she said she was driving. >> She said she was >> Yeah, she's she's looks at me now. >> Okay. >> Uh the problem is I didn't see her behind the wheel. And neither did I, but as soon as I walked up she opened the door. She wasn't driving. >> No officer witnessed the driving. Miss Gardner was found in the front passenger seat when police arrived. Under Florida statute 316.193, the state must prove she was operating the vehicle while impaired. That burden shifts everything. Ms. Gardner voluntarily told the first officer she was the driver before any Miranda warning was given. Under Berkemer v. McCarty 468 US 420 1984 pre-arrest roadside questioning does not require Miranda advisement. That admission is legally clean and admissible at trial. >> Is there anything else you want to add for the witness? Cuz like cuz like you know the traffic crash investigation and the switching the hats is what I'm concerned about. >> Um I think once Miranda is read you should be fine. Um As far as like So he has like you can you can All right. Um Yeah, I see the tire. >> And it's flat in the front of the car. What do you want to do with her? Yeah, that was it. That was it. That was my confusion cuz like I didn't see her. >> go that way or not? >> Um you can squeeze through it. Just be careful, okay? Cuz that car is disabled. Um that's my only concern. Yeah, he said he walked up and then I was like where's the driver? He's like he points at her, but he said I was like where you at? >> And when you got here, she was in the passenger? >> Front passenger seat. That's all I got. >> So if I wanted to talk to the passenger >> She was I don't remember exactly what she said. I got to review my phone now. All right. I got some questions for you if you don't mind. All right. You said you were hanging out with her? >> Yeah, at the I was at the warehouse square. >> At the I don't know the name of the restaurant. You don't know the name of the restaurant? Okay. >> But it's where the open area is with the with the grass and >> Yeah, we're like the brewery used to be at maybe or >> I can tell you the name of it. >> And was it just a bunch of you guys hanging out? >> Yeah, yeah, yeah. >> Um >> I don't know. I'll tell you the name of it. >> And did she call you or how did you find out? >> Yeah, she called me. She uh called me called me she flattened her tire. She didn't tell me what happened. >> [clears throat] >> And I told her send me her location. And I told her I'd pull up on her. >> Okay. >> So then I pulled up and I noticed she was like god damn hit the curb and when I got there that's when I seen the airbags. >> Mhm. And when you pulled up which seat was she sitting in? >> The driver's seat. >> She was in the driver's seat. >> Yeah, it's on my social media. >> Oh. >> She's on my uh It's on my social media. >> What do you mean? >> I um my friend Tara I don't know. I texted to her. >> Is this how you found her? >> Yeah. >> Okay. Is she puking right there? >> Yeah. >> All right. You want to just If I send you a link you want to just send me that video real quick? >> Yeah, no problem. >> Just give me a video of the crash real quick. >> That's how I That's how I found her. Trying to get her get up before the police come like you don't want to get in trouble. >> Mhm. >> So she had been in the passenger >> Mhm. >> So she was in the driver's seat. >> What is your name? >> My name is Thomas. >> Okay. Um I'm going to create a separate signal one screen video. >> Yeah, I need that number whenever you do it. >> Yep. >> Cuz uh he's got a He's got a video. Okay. >> Is the airbag? I'm the one paying for this. >> My car is in the middle. She called she called me told me that and called me and told me she had a flat tire. >> No, you acting LIKE YOU THE HOMIE. I'M PAYING FOR THIS NOT YOU. >> NO, NO. >> You acting like he's a hoe. I'm paying for this, NOT YOU. NO, NO. >> AND THE PHONE NUMBER IS 8 >> How the [ __ ] ARE YOU GOING TO get mad >> 8 8 >> That's the hell, [ __ ] >> 4 8 >> [screaming] >> IT'S NOT A HOE, IT'S A IT'S A TIRE. I'M PAYING FOR THIS TIRE. >> OKAY, give me the case number so I can give it to the dispatcher. >> What's that? >> I'm paying for it. IT'S A TIRE. >> HERE. YEAH, GET OUT OF THE CAR. >> IT'S NOT YOUR GODDAMN CAR. OH MY GOD. MOM. MOM. >> WAS A MISTAKE. LET'S BE REAL. >> HAD TO DO WAS CALL ME. I DID. >> HEY. >> WHAT ARE YOU TALKING ABOUT? >> OKAY, GET BACK IN YOUR CAR NOW. >> NO. >> SIT BACK IN YOUR CAR NOW. WHY DID YOU COME OVER here with that? >> I drive my [ __ ] I drive my [ __ ] >> You starting a whole disturbance. This stuff can be replaced. >> Stop. >> Stop. >> Stop. >> It's cold. You want to be at Audi. >> Girl, out of that driver seat, please. Girl, out of that car. >> Okay, take a seat in the back over here. >> You wanted to get out there acting like I'm >> Negative, I'm 10-12 with them. Um, dispatcher, you can hold that music call or whatever. >> Mom, what I'm telling you >> All right, we're not talking anymore. We're not talking anymore. Nope. Nope. Nope. No. >> On the curb. >> You want to come have a seat? You want to have a seat right here? >> You sit right here, please. You're annoying. >> Giddy up, bro. It's like you understand I do so much for you. As you ask the mama, you don't do for I do everything for you, bro. Boy, it's so >> Hey, do you still have a carry strap? It's just like I'm frustrated like I'm frustrated so like >> Do you have pictures of her? >> Yeah. >> It's not my fault. But it's like it's somehow it's like I can't drive like I Nobody ready to go. >> Did you check everything? This is This was this purse like that? I haven't touched anything. Did she Did she have a key? Did she have a purse? >> I got it in my hands. >> I did not see it in her hand. Did you take pictures of >> I saw the purse in the driver's seat there. Okay. >> Okay, we have to throw up on the ground later, too. >> No, I'm not going to fight. I'm going to I'm going to >> I'm going >> blaming me like oh, you saw me do this this like no, I literally was outside at the median. A god damn car. You hit the median in a car. Literally side swiped me on the side. I'm not I'm not I'm not going nowhere. I'm on FaceTime with my sister. I was like I'm not going nowhere. Air conditioner Do you see FaceTime right now? It's nothing wrong with my car, bro. Somebody side swiped me in a car. Hurt. You know what I'm saying? And it's like of course ironic it's not ideal but it's like I'm not the one she's trying to set up here and make it seem like I'm the one did anything. And I'm And and I'm sitting right here. I don't I just don't want to drive your car. No. >> Yeah. We have videos and we have pictures. >> Because I swear. Look at her car. It's nothing in the air. It's nothing. Hey. She going the wrong way, ain't she? >> It happens but here's the deal. >> And she wasn't going the wrong way. >> She hit the curve and you can still see the tire marks but she spun out. >> How did that happen? What she doing? >> I mean I don't know. She called me and told me she got She She flattened the tire so I pulled up. be shy. >> Don't be driving. >> So what's your relationship with her? You know her? He said she called you. >> I mean, I I met her a week ago. >> Okay. So, she called you? >> Yeah. We was at a brunch. >> call me. I was just at brunch. >> I got a flat tire. >> she's got a flat tire and told me uh she needs some help. >> Okay. >> So, I told her to send me the location. So, she sent me the location. I told her to >> to you or to her? >> My husband, he called me. >> Okay. >> He told me. >> Is she the sole operator of of the vehicle? >> No, he >> So, who operates the car? >> No, no, no, no, she >> My husband >> I don't know. >> My husband >> Today, she was on a person >> She was She asked me >> you that? >> I mean, I I was She was with me at the brunch. >> Okay. >> She asked if he could use car. I told him 2 hours. Be back by 4:30. This broke. But I'm not I'm not trying to do the same, but it's like, bro, my mama know me. It is I did not disrespect your car. The air brakes are broke because I I was at the medium, and I understand that, but like I was trying to tell him >> Let me Let me get a couple of things out, okay? >> [snorts] >> Um you say you're okay to drive, right? Okay. I just want to make sure you're okay to drive, okay? So, I just [snorts] want to do that investigation, all right? I just >> [clears throat] >> um Are you Would you be willing to just do it do a couple of exercises for me and see if you got some standardized field sobriety exercises? All right. Perfect. All right. So, what I'm going to do is I want to get you away from over here right now. Um Uh just wait right here. I'm going to have an officer I'm going to We're going to go down there a little bit away from everybody, okay? And then we can do the the They're optional. You don't have to do them, but I would like to do them just to make sure you're okay, okay? >> And I'm okay to do them. Yes. >> All right. Where's Byer? Okay. Um she's willing to perform SFSTs. So, I'm going to take my car down there so we're away from everybody. Uh I'm going to position my car. If you could just stay 10-12 and then we can just send buyer over or you can stay in with me while I do it. >> Ma, you don't got to do all that. >> THIS MY GOD DAMN CAR, YOU >> WE ARE BONDING OVER AFTER THIS. YOU DOING THE MOST. >> I KNOW WHY POLICE BE ON THIS. >> HEY, [screaming] HEY, HEY. >> YOU THE ONE SITTING THERE. >> RELAX. RELAX. PUT YOUR HANDS ON HER. >> [screaming] >> I KNOW WHAT I'M TELLING YOU, BRO. IT'S ME. THESE PEOPLE HERE, I SWEAR TO GOD, it's always something. I'm telling her it's not you. Did you say something to China? Bro, that's my mama boy. Bro, you you already there. >> You're under arrest. Stop. >> The harder question is when the crash inquiry officially crossed into a custodial DUI arrest. Officers discussed this on camera, one of them literally asking about switching hats. That conversation reveals procedural uncertainty that defense counsel would absolutely exploit. Miranda v. Arizona 384 U.S. 436 1966 requires warnings the moment a person is in custody and subject to interrogation. The test is objective, whether a reasonable person in that position would feel free to leave. By the time officers were running field sobriety tests and conferring about probable cause, Ms. Gardner was not free to leave. The Miranda clock had started. Advisement came much later and that gap is the most defensible issue in this entire case. Miranda was read twice because Ms. Gardner said she did not understand. A valid waiver must be voluntary, knowing, and intelligent. Courts apply a totality of circumstances test. Saying you do not know what is happening is not a waiver. Florida statute 316.1932 provides that any person operating a motor vehicle in Florida is deemed to have consented to a breath or urine test upon lawful DUI arrest. Officers correctly invoked that statute. Refusal triggers a 1-year administrative license suspension for a first offense. And the refusal itself can be introduced at trial as evidence of consciousness of guilt. What was not clean was the consent record itself. Ms. Gardner gave ambiguous, shifting responses. Officers interpreted those responses as consent, then refusal, then consent again. A subject's inability to give a clear yes or no does not legally satisfy implied consent requirements. And that ambiguity is exactly what appellate briefs are made of. The outcome. Ms. Gardner was convicted of DUI and resisting an officer without violence under Florida statute 843.02. Two days in jail. Six months of probation. 50 hours of community service and a 6-month license suspension. >> MA, you got you a lawyer. >> Here, if you just hold that I'll put my my car in neutral. >> Put your shoes back on. Can I get my Can I get my Crocs? Yes, sir. That's my mama. You're a drunk. You You haven't been there for me all my life. thing. You didn't say nothing to me. You sitting UP TRYING TO MAKE IT SEEM LIKE YOU DID this and that. I never >> had a mama. >> You can stay right here. I'll put my car >> I never Ooh, like mommy issues one-on-one. This lady has never been there for me, bro. That was ever >> It sounds like she provided a car for you and you ruined that opportunity. >> This is my mama, what bro? I never This is >> Is she in the >> No, it's not there. >> Way back there. Way back there. All the way where you told me. >> Mhm. What What else is there? >> No property damage. >> damage just today. >> This curb. I mean there's fresh black mark on curbs. And you can follow the tire tracks perfectly where it's at now. >> Okay. >> If she hit the curb way back You see like the the flag sign? >> Mhm. >> It's way back over there where she started. >> Mhm. She must have went straight. Didn't even go around the roundabout. >> So you can see where her tire busted over there and started dragging. So >> I did. I did That's why I I hit the median. >> All right. Let's let's get you in my car, all right? >> Yes, sir. I don't want >> Let's go. Let's go. >> This is so new. >> Oh. >> I did this the accident. The accident in front of law enforcement. >> It's because my mama like you don't understand >> I get that, but again Do you have anything on you before? >> No, sir. >> Do you have any pockets or anything like that? >> No, sir. >> All right. >> No, sir. >> Is there anything Is there anything on you that I need to know about before we go to the jail that you're not supposed to have you? >> I'm going to the jail. Wait one second. Wait. Wait. Wait. Wait. I have no record. Why am I going to the jail? Wait. Wait. Wait. >> Did you Do you have anything on you that I need to know about before we go to jail? You got to swear you address like there's no pockets or anything like that. You got to SWEAR YOU ADDRESS WE'LL EXPLAIN THAT IN JUST A MINUTE. DUI AND RESISTING. >> I promise >> But definitely DUI. >> Yeah, get your feet in and [clears throat] I'll talk to you, okay? >> Definitely resisting. We had to hold her back up multiple times, continuing to progress at us. It's mom. Disobeyed lawful commands. And then when we tried to take her up, she continued to pull away from us, maneuver, and yeah. >> Can you Can you have them on my mouth, please? Right here. >> What's that? >> Um my teeth >> [laughter] >> from my mouth. >> What's in your mouth? >> Never mind. >> Okay. >> It's okay. >> Ms. Gardner >> My thing Yes, sir. I'm compliant, but I've never been to jail. I CAN'T GO TO JAIL. I can't go to jail, please. I was set up. I >> All right. All right, there's something I want to read you, okay? Cuz I want to ask you some questions, all right? Do you hear me? There's something I want to read you. >> Please, I can't go to jail. >> Listen to me. Are you Are you listening? All right. Listen. LISTEN. >> I DON'T KNOW ABOUT NONE OF THESE. I don't know. It's just like >> [laughter] >> But I hear you saying you need to read something, but I don't know. I've never been to jail. >> you going to let me read it or not? Yes or no? Ms. Gardner, are you going to let me read it this Yes or no? >> What? I've never been to jail, SIR. I DON'T KNOW ABOUT THESE. >> LISTEN, you're under arrest for DUI. You're under arrest for DUI. You're under arrest FOR DUI. >> NO, [screaming] I HAVE NO DUI. WHAT DO YOU MEAN? NO, SIR. >> OKAY. LISTEN. >> Oh my god. >> want to answer my questions and and try to Yes or no? >> I want to get out as soon as possible. No, I'm not trying to be resistant, but I've never been to jail. I can't go jail. >> My officer is trying to ask you a question. The only way he can ask you is he if he reads you your rights, okay? >> Okay. >> So, he's going to read them to you. >> been to jail. No way I >> you keep going up and down. Let's stay Let's stay here. He's going to read them to you, okay? And you get to answer all of them. Okay? >> boys in here. >> it. >> I don't know what >> Let him read it, and then you can make a decision from there, okay? >> All right. >> Thank you. >> You have the right to remain silent. Anything you say can and will be used against you in a court of law. >> No. >> You have the right to talk to a lawyer now. >> I didn't [screaming] know. >> Have a lawyer present with you while you're being questioned. >> [laughter] >> If you cannot afford to hire a lawyer, one will be appointed to represent you before any QUESTIONING >> I DON'T KNOW ABOUT NONE OF THAT. >> AT ANY time to exercise these rights and not answer any questions or make any statements. >> [laughter] >> I give up, ma'am. >> Okay. >> I don't know, SORRY. I DON'T I REALLY DON'T know about it at all. I have never been to jail. I don't know what to do. >> Do you Do you understand each of these rights I've EXPLAINED TO YOU? >> [laughter] >> DO YOU understand each of these rights I've explained to you? >> No. [screaming] >> Okay. Do you want me to read them again? >> I don't know. >> Stop. Stop screaming so you can listen. Open your ears. Listen. Stop yelling. >> One second, I breathe. >> You have the right to REMAIN SILENT. >> ONE SECOND, I BREATHE. SORRY, my freaking chest. I have never been arrested. >> Are you willing to provide me with a breath sample to make sure to see if there's any alcohol in your system? >> I'm not. >> Okay. Then, are you willing to provide me with a breath sample to so we can test that? Yes or no? >> I give up, ma'am. >> Do you want to give me a breath sample? >> I don't know. >> You don't Yes or no? You're not You're an adult. YES OR NO? ALL RIGHT. I'M GOING TO TAKE you out of the car and we [laughter] can do A BREATH CONSENT. >> ONE SECOND, I BREATHE. >> Get your leg inside. >> One second, I BREATHE. >> GET YOUR LEG IN. >> ONE SECOND. I WILL TRY. HAD HER OUT OF MY MOUTH. >> LET ME GET YOU TO RELAX FOR THE PHONE A SECOND. I UNDERSTAND THAT. >> WHAT IS GOING ON? >> WE'RE TRYING TO TELL YOU. >> WHY AM I IN A BACK OF A POLICE CAR? >> ARE YOU GOING to calm down so we can tell you and explain it to you? >> Can you please get my mama, please? >> No, ma'am. >> I will calm down, but please get my mama. >> Negative, we can't do that. >> Please get my mama, please. I promise. >> All right, so here's the deal. Did you want him to reread your rights to you or not? >> want my mama. >> Okay, so that we're going to take that as a no, so we can't explain it. >> Please arrested before. >> we're trying to explain this to you, ma'am. >> What is going on? >> Miss Gardner, >> You could say that. >> but you're not listening. Now, either you're going to listen and let us explain it to you, and we can get down to the bottom of it so we can go ahead and move on, okay? We can't move on if you keep doing that back and forth. So, let him read it again. You going to listen? He's going to read it again. >> Yes, sir. >> There you go. Listen. >> I was told I can't breathe. >> Can you hear me? Can you hear me? >> I can't breathe. I was told I can't breathe. I just want my mama. >> Miss Gardner, can you hear me? >> I've never been arrested before. >> All right. We're going to take that as a no. >> All right. >> Okay, okay. >> All right. Are you going to listen? Here it is. Here it is. Here it is. We're going to read it to you, okay? Listen. >> I can't breathe. >> You have the You have the right to remain silent. Anything you say can and will be used against you in a court of law. Do you understand your rights? Do you understand each of these rights I've explained to you? That's a yes or no, Miss Gardner. Do you understand your rights? Do you understand these rights? >> I don't know. >> [laughter] >> Okay, all right. >> I really don't know. You got >> Okay, all right, that's fine. >> And I'm not I just need my mama. >> All right. >> Are you going to Are you going Are you going to provide me with a >> I'm willing. I'm not. >> Okay. Are you Are you willing to Stop talking and let me talk. Or I'm going to I'm going to accept this as a no. Are you willing to provide me with a breath sample? So we can see if there's any alcohol in your system. Yes? Yes or no? >> Oh, is it necessary? I need my mama. >> It's up to you. It's up to you. I don't know. I just want my mama, please. >> All right. I'm now requesting that you submit to a lawful test of breath or urine for the purpose of determining your blood You said you're willing? Huh? Yes? You willing to provide me with a breath sample? Huh? No. You're not going to let me talk to your mama? >> No. I don't I'm not supposed to it, but >> Yes or no? Well, you're not listening. Huh? I'm going to take this as a no. I'm now requesting that you submit to a lawful test of your breath or urine for the purpose of determining your blood alcohol content and or the presence of chemical or controlled substances. Will you take the test? Yes or no? If you refuse to take the test, I'm requesting that you will be suspended for a period of 1 year for a first refusal. >> [laughter] [laughter] >> Do you the test? Do you still refuse the test? Yes or no? It's like they don't want to do 640 is dispatched and parking citation has been run. >> [screaming] >> You want the window Wait, window up? IS THIS HER PHONE? YEAH, THAT'S HER LET ME GET HER PURSE FOR YOU REAL QUICK. LET ME GET IT. Give me the phone. No, hold on. Hey, y'all can just come take y'all going to get property at this point. If she says it's okay, then that's fine. Can your parents take your phone? Okay, yes. Then I'll just take her down there with her ID. Okay, yeah, calm down. We'll put her SEATBELT ON HER. >> [screaming] >> WE'RE GOING TO GET YOU, BE CALM. OKAY, OKAY, IT'S FINE. We're going to come get you, BABY. BE CALM. >> [screaming] >> CALM DOWN. >> THE PRIMARY officer receives a B. Patient, composed, and procedurally sound on scene safety and sobriety test advisement. But the Miranda timeline is soft, the implied consent record is ambiguous, and both of those gaps belong to the officer who ran the investigation. Ms. Gardner receives a B minus. She cooperated, did not physically resist, and expressed willingness to comply. But every voluntary admission she made before invoking any right worked against her. Cooperation without legal awareness is its own liability in a courtroom. The supporting officers receive a B+. Effective scene management, no excessive force, and solid de-escalation when civilians became confrontational. One officer's editorial comment about the vehicle and the mother was unprofessional and had no place in a formal investigation. Every encounter like this one leaves behind lessons worth holding. Five of them stand out from this footage, and each one applies whether you are the person being investigated or the officer doing the investigating. First, anything you say at a crash scene before an arrest is fair game. Berkemer v. McCarty means officers do not need to warn you before asking questions roadside. Staying quiet early costs you nothing and protects you from statements that cannot be taken back. Second, asking for your mother is not invoking your right to counsel under Davis v. United States, 512 US 452, 1994. A request for an attorney must be unambiguous and explicit. "I want a lawyer" stops questioning. "I want my mom" does not. Third, implied consent is not optional. The moment you get behind the wheel in Florida, you have already agreed to be tested. The only decision left is whether refusal and its automatic consequences are worth more than whatever a test result might show. Fourth, emotional distress does not pause the legal process. Courts evaluate your waiver, your consent, and your statements against an objective standard. How you felt in that moment matters far less than what the record shows you actually said. Fifth, officers should document Miranda timing explicitly, not leave it as an inference from footage. When the moment of custody is unclear, the prosecution carries the burden of proving Miranda was timely. A clean timestamp in the report closes that argument before it ever opens. This case shows how a legally routine DUI arrest accumulates procedural vulnerabilities, not through misconduct, but through ambiguity left unresolved in real time. Every gap in the record is an argument a defense attorney can walk straight through in front of a judge. If this kind of legal breakdown interests you, drop your thoughts in the comments below. Subscribe to our channel for more encounters analyzed this way. We cover the law as it actually plays out, not as people assume it does.