You are going to be placed under arrest for DUI. Okay. >> Those aren't too tight on you, are they? Okay. You want to come with me? We're going to go to the passenger side of my car. Okay. Okay. We can either have you walk or we can make you walk. I don't want to have to make you. Okay. >> We will let you call your dad, but we got to get in the car first. Okay. >> Don't pull away from me. Upon February 26th, 2023, at 2 in the morning, a Santa Rosa County Sheriff's Sergeant in Navar, Florida, made a traffic stop for speeding that escalated into a DUI arrest with consequences no one anticipated. >> How are you? >> I'm doing well. How about yourself? >> I'm good. >> My name is Sergeant Spencer at the Sheriff's Office. 68 mph in 45 zone. >> I'm sorry. I at this point I >> again any lawful reason for your speed of 68? >> No. >> Okay. I'm going to need your driver's license, George Fresh, and your insurance. Thank you very much. 104 just to verify with you that is the state of Florida. Correct. >> Alabama. >> All right. Thank you. >> 67. >> Are you aware that you don't have a license suspended? >> Where is he? Are you aware that your driver's license is suspended? >> No. >> I suspended >> for what? >> Uh, all I see from Alabama shows is suspended um back in December of 2022. >> For what? >> I don't know. All I see is suspended. >> Well, that's like for what? >> All I see is suspended. I don't know the details. Uh if it was Florida, I can give you the details, but if it was Alabama, I can't give you the details cuz all I see is suspended. >> So, what do I do? You don't have you can't drive. >> I have a girlfriend. Like I'm literally going to G freeze. I'm just trying to get to my >> No, you can't go to Gulf cuz if you now now that you know that your license is suspended, if you continue to drive in Florida, you will be arrested in Florida. Like I was that's what that's what I was looking for when he pulled me over because I knew that I had gotten a ticket and and she told me she said if you get pulled over she's like make sure you have all of this on you. >> Well any paperwork that you show me now won't do you any good cuz I have to go what my computer shows and if my computer showing suspended any paperwork I can't verify that. Okay. Uh, how far does your girlfriend live from here? >> Um, she is on my typical golf. >> Okay. All right. >> Your call has been forwarded to an automated voice messaging system. >> Got anybody? >> Yes, sir. >> Got anybody? >> No. >> All right. Step out so I can place some paperboard. All right. I've issued you two citations. The first citation I've issued you is for your speed on Navar Parkway. Um, this citation is for 68 mph and a post of 45. That citation is $281. I'll serve you two options. Option one, you claim online by phone or in person. Option um five is a is a driver improvement court, I'm sorry, is a traffic court. You'll be there. I'll be there. A hearing officer will decide what happen with the citation. I would contact the clerk of the court since you live in Alabama to see if you could take a driver improvement course. I'm not for sure since you live in Alabama, but I would call >> 67. You have any questions for me on that? >> The next citation I'm issuing you is a citation for unknowingly driving while your license is suspended. Now that you know your license suspended, you can't operate a motor vehicle in the state of Florida. If you do, you're certain. >> Okay. >> Okay. The citation is $160. So you two options on there. Option one, you put the citation online, by phone, or in person. Option five is traffic court to get you to do so could test the citation in the traffic stop. Any questions on that? >> Say from here. >> Should I Uber? >> From here? Well, you got to figure out what you're going to do with your car because it's on >> Well, I just didn't want to introduce you to driving and >> Okay. Um, both of these you have 30 days. If you don't pay it in 30 days or make an election in 30 days, they'll contact the court in 30 days. The address, >> your driver's license will become suspended. In other words, Florida will issue you a Florida driver's license number and suspend it. Or they'll contact Alabama so they can suspend your driver's license for nonp payment in Florida. 34. >> I get it. I'm like, I get what you're saying, but I'm just trying to get out of the situation as of right now. Like, >> you're telling me that my license is suspended and then I don't need to drive, but I I'm trying to call people and I don't know I don't know what mood to bank. So, I don't want to like pull out of here and you pull me over. You're like, you're not supposed to drive. But at the same time, like I can't sit on the side of the road. So I'm trying to figure out what I should do. Like I didn't I had no idea that my license was suspended or I would have never even gone out tonight. I would have never even came over here. >> So let me call. >> What do I do? >> I can't give you any type of legal advice. I can only do what I can do. >> Police officer like this. >> I know. I can't do I can't give you legal advice. So, like, do I like I like I can't like do I get in my car and sit there or like do I I don't know what to do. >> That's a decision that you have to make on who you going to call. You can call tow truck. You can call Uber and go to your friend. >> Okay. >> Okay. My next question to you is how much have you had to drink? >> No, it's not even about that. My next question is how much more >> My next question is how much have you had to drink? >> Nothing on that level. Okay. >> I'm just more concerned about >> All right. I believe that you're intoxicated that you know faculties are impaired. >> I'm more worried about I just don't want to pull off walls and you're sitting here telling me that my license is suspended. I'm perfectly fine calling a friend >> and telling them to come get me. I'm okay with that. But I would much rather like of course go home and not have to involve anyone. And that's what I'm trying to say. Like if I need to like I I'm not about to go sit in the car and then like pull off and then you like try to call somebody on me and then I get in more trouble. Like no. Okay. >> No. I have I have way too much in my life going on for that to happen. >> So I'd much rather like call someone. So that's what I'm trying to say. Like where like Okay. >> I believe that you're intoxicated. Has no effect. Okay. >> Okay. In other words, I believe that you're intoxicated and or pretty much drunk. >> Not at all. Like I will >> So I I will not get behind that. >> So as of right now, we're moving to a DUI investigation. My question to you is, would you be willing to do Phil's body tattoo to dispel my suspicion? I just want to go home. >> That wasn't a question. >> No, >> the question was >> I am not at this point. I ain't got the night on hills. >> Okay. The stop was legally clean. Under Terry versus Ohio 1968, any observable traffic violation establishes reasonable articulable suspicion. 68 in a 45 zone is not a borderline case. The license check returned a suspended Alibaban 22. Under Florida statute section 32203, operating on a suspended license is a separate criminal offense. The sergeant informed the subject rather than immediately arresting her, which was proportional. During that same contact, three independent impairment indicators, odor of alcohol, bloodshot, and watery eyes, and slurred speech. Under Illinois versus Cabalis 2005, those observations lawfully extended the scope of the stop beyond its original purpose. Florida statute section 3161 193 does not require a blood alcohol number to support a DU investigation. Impairment of normal faculties is its own independent legal basis. The investigation was grounded before a single test was administered. >> I just want to go home. >> Well, at >> on every level at this point, >> I have a I've had a night and I just want to go home. >> I'm not doing anything wrong. >> At this point, that is passed. If you don't want to do field sobriety t that's your rights. However, do understand that your inmission on your failure not to do field sobriety tasks could be used against you in court, right? >> That's the consequences for refusing to do FSDs. I can't make you can't force you for a field soiety test. >> Why? >> Because I'm asking if you're willing to do field sobriety test. >> Why? >> Because I believe that you're intoxicated. That's normal factory impaired. You want me to walk the line? >> I'm asking if you willing to kill somebody. You >> want me to walk the line? >> At this point, can I call like can I grab my phone real quick? >> No, you're going to stand right there. >> 67 like 67. Get back over here. >> I'm sorry, but I'm not >> 67 traffic. You want the second one? >> I'm sorry if I offended you. >> You didn't offend me. >> I did. Obviously. >> No, you didn't. I have a job to do. I asked questions these questions for a reason. >> I just wanted to go home. >> I did the mission. I did the mission. go out tonight. >> I did the mission of the traffic stop by taking care of what I need to take care of. I got you out and I want to talk to you at the car. I've already observed the signs of impairment while I was talking to you. >> Right here on the push bumper. Cuz apparently we don't listen. >> Right here. If you're not listening, I want to put you back in my car. Right here by the push bumper. >> You don't want to listen. I'm calling my parents. >> Right there by the push bumper. >> And if you walk, keep walking. If you keep walking, I will put you in the back of my car. Get back over here. >> I'm just calling your name. >> I don't care. Do what I say. >> Okay. Okay. Yeah. No, they're here. Okay. All right. I love you. >> Back by my push. >> Just my dad. >> Well, that's how >> I just want >> That's how things start that's how things start to escalate when you don't listen. >> It's my daddy. I want my dad to know where I'm at. >> Anyways, >> uh 68 mph. I got on radar. When I come out here and stop her, I'm talking to her. I smell the yellow of alcohol. I can see blood water eyes. She's talking with a speech. I do my thing back here. I issue her citations and the same medication impairment are exhibited while standing here that I saw in the car while issuing her these days. Uh when I talked to her, she said that she's willing to do field sobriety test. So she may change her mind. So I'll ask again. Okay. Are you still willing to do field sobriety test? >> Okay. What it is? Okay. I'm going to check your eyes. I'm going to make sure you can walk a straight line. I'm going to make sure you can balance. >> That good enough with you? >> Yeah. >> All right. >> Can I call him again? >> Uh if you can hold on for that. Okay. >> He just wants to be on his phone. >> Okay. Well, you're not going to be near your phone. like you're not going to be able to hold it because you're gonna have to have like your arms down by your side, stuff like that. So, you're not going to be able to hold it at the time. >> Okay. >> I'm just I understand. Did you tell him where you're at? >> My father. >> I understand. >> I told him what where I'm at. I told him the situation. I told him what's going on. He said, "Do what I'm told to do." He said, "But make sure I'm present." >> That he's present. Okay. Is he coming? >> Nope. But he said call him on the phone. He wants to be involved. >> Okay. Well, would you be okay if we call him, put him on speaker, and let my partner hold the phone? >> You can talk to him the whole time. >> Well, I'm going to have my hands full, too. So, would you mind if my partner holds the phone? >> I'll hold it. >> Daddy, >> I'm not sure. >> Hey, Wilson, can you walk her over there into the parking lot so that way we're off the road? >> I'm not sure what I'm doing. >> We're We're going to walk right over here. I'm not I'm not I'm not getting mad. I'm not because the whole reason I'm over here is because I'm not I'm not I'm not mad. Daddy, I'm sorry. I'm sorry. I'm sorry. I'm annoyed. Got me over here for the door. Came over here for her. I know. I I know. I [ __ ] know. I'm sorry. We're just going to hang right here. Here I am. What is it? >> All right. Is he feeling that line right there? >> Hold on. >> Daddy. I love you. This one? >> I think so. >> This one? >> Yeah. >> We'll let him let Wait just a minute. Let him get started. >> Do a cartwheel. >> Yeah. I wouldn't do that. Um, would you be comfortable setting it on the hood of my car? >> Setting your phone >> for what? that way. >> Or I can hold it. It's whatever you want. >> Or my partner can hold it. Up to you at that point, but it needs to be out of your hands. >> I mean, I'm Look, at this point, >> I'm a female. It's you. It's you. It's me. >> Everything we're doing is recording. He's been nice enough to let you hold on to the phone and call your dad already. So, >> I'm Look, at this point, this is just me. >> I understand. Everything we're doing is recorded. >> Just the three of us. Yeah, >> I got a camera in my car. >> Want to call my father is not weird. >> Okay. Well, we understand. But again, >> just saying out loud. >> I know. I understand. >> It's not weird that a female and her like wants to call her parents. Like it's not >> Well, I understand. Okay. I got four daughters myself. I get it. But for what we're going to call my daddy >> for well for what we're going to be doing. Okay. You just can't have your phone in your hands. >> All right. That's fine. >> Okay. Do you have any type of previous head injuries? Concussions, TBI, anything like that? >> Um, I've had a couple of concussions. >> Couple of concussions. Was that a couple years ago? >> Um, few years. >> Few years ago. Okay. Been checked out by a doctor. They said you're, you know, they said you're okay. >> Uh, yeah. >> Okay. >> Haven't had anything in about 6 months. >> Okay. Uh, do you wear glasses or contacts? >> Yes. >> Yes. Do you currently have them in? >> You wear glasses? >> Mhm. >> Okay. So, no contacts in. Do you need your glasses >> to drive or read? >> To just see? >> Just reading. >> Just reading. Okay. >> And I keep them in the car with me. >> Okay. So, if you can for me, right, I have you stand right there in that light. Okay. Cuz Yep. We're not worried about the the line for right now. Okay. I'm going to have you put your feet, heels, and toes all the way together. You're going to relax your arms at your sides. Okay. And then you're just going to wait for further instruction. Okay. You understand all this? >> Mhm. >> All right. Wilson, can you hold this for me? All right. You color blind? >> No. >> Can you tell me what color that is? >> Green. >> Perfect. So, I'm going to hold this flashlight up. Okay. Don't stare at it. It's just so I can see your eyes. I need you to follow this green light with your eyes and your eyes only. Okay. You're going to keep your head perfectly still. You understand those instructions? Do you understand the instructions? >> Do you want to keep my head still or my eyes still? >> You keep your head still. And whenever I move this, you're going to follow it with your eyes only. You understand that? >> Yeah. >> Okay. Can you put your feet back together for me? >> Arms down at your side. Just nice and relaxed. Okay. Keep your head perfectly still. Okay. Arms at your side, please. Am I supposed to be following it? >> Follow it with your eyes. Keep your head still. Okay. So, keep your nose pointed at me and then follow the light with your eyes. >> I like this stuff my dad used to do. >> Was your dad a cop? Nope. He was just a dad and three daughters. >> I hear you. >> You said he had four. >> Yep. >> And this time is just going to go real slow. Okay. All right. Blink for me one good time. Want to make sure your eyes aren't drying out. This time we're just going to go up. Okay. All right. Ready? All right. You can relax for a minute. Thank you. >> Okay. For this one, I would recommend that you take your shoes off. >> Yeah. >> Okay. If you need to use the push bar in my car to stabilize yourself, you can. Okay. >> No, these [ __ ] suck. >> I hear you. That's what I'm saying. If you need to use my car to help you out, you can. >> I do hair for a living, so I I normally work in tiny shoes all day. No, >> I hear you. >> These things suck. >> I had these things on since like 6:00. >> Take them. >> Where'd y'all go to? >> Delete them. Get rid of them. >> Oh god, I felt like I was a woman. >> Okay. >> What do you want? So with this line right here. Okay. >> This a straight line. >> Yeah. >> Hard surface. >> Do you agree that this is a hard surface? >> Oh yeah. >> Yeah. It's concrete. It's hard, right? >> You know, >> free and clear out, right? >> Not level out. You want to pick a different line? >> No. Really? None of it's unled. Look how the it's started cracking. >> Yeah. >> My father was a contractor. >> Oh. Yeah. Okay. So, with that, okay, what I need you to do, you're going to take your left foot, just place it directly on that line for me. Okay. >> Left. >> Yep. Left foot on the line. You're going to take your right foot, place it in front, touching your heel to your toe, arms down by your side, and you're going to stand just like that until I tell you to begin. You understand? You understand that? like this heel. >> Left foot on the line. >> Okay. Right foot in front touching your heel to your toes. Stay just like that. You understand? >> Yes. No. Maybe. So, >> yep. Okay. All right. So, I'm going to give you some instructions and then I'm going to demonstrate for you. Okay. So, when I tell you to start, can you get back in that position for me? >> Yep. Left foot on the line, right foot in front. Put your right foot in front. 10 4 10 6. All right. Touch your heels to your toe. >> Yep. Perfect. And you're just going to relax just like that. Okay. So, when I tell you to start, take nine heel to toe steps on that line. You're going to turn and take nine heel totoe steps back. Okay? So, it's going to look something like this. You're going to go one, two, three, all the way up to nine. Okay. >> I want to see you do that. >> Oh, I can do nine. Trust me. When you turn, you're going to keep your front or your lead foot on the line and turn by taking a series of small steps like so. It's nice and easy. >> No, just leave your front foot down. Turn. Taking small steps. >> Do nine this way and then nine back. >> Yep. >> Okay. >> All right. All right. And then your nine back. >> 1 2 3 4 5 6 7 8 9. >> Okay. But when I tell you to start. Okay. So, let's get back to the beginning over here. All right. All right. Right about there will be perfect so that way we don't run out of room. Okay. While you are walking, you're going to keep your arms at your sides. You're going to watch your feet at all times. And you're going to count your steps out loud. Okay, that all make sense so far? >> Yeah. >> All right. Once you start walking, don't stop until you completed the task. All right. So, you're just going to keep going. >> Count nine that way. >> Yep. Nine. >> Back. >> Turn nine and don't stop while you're doing it. Okay. >> Okay. Do you understand all those instructions or do you have any questions? >> Nine. >> Yep. Nine. Nine. Arms at your side. Watch your feet. Count out loud. Okay. All right. So, left foot on the line for me. Left. >> Right foot in front. Heel to toe. Hold on. Put your right foot in front of your left. >> Okay. Left. >> Yep. Right foot in front. >> Right. >> All right. So, now you may begin. >> Good. One. >> Yep. Watch your feet. >> Two. Three. Four. Cool. It started like a to 6 7 8 9 >> 1 2 3 4 5 6 7 >> arms 8. All right. And this time we'll move back over here. We're done with the line. Okay. >> All right. If you can just turn, face me. >> Mhm. >> We're going to put the feet, heels, toes all the way together again. Arms by your side. We're going to relax just like that. Okay. You understand? >> Mhm. >> Do not start to perform the test until I've told you to do so. You understand that? >> Mhm. >> Okay. So, when I tell you to start, you're going to raise either leg with the foot approximately 6 in off the ground. Okay? Keeping your foot parallel, flat to the ground. So, it's going to look something like this. Okay? Boom. >> Which way? >> Either foot. You You choose. >> Left or right? >> Yep. Left or right. You pick whenever I tell you to start. Okay. You're going to raise it about the size of a Coke can off the ground and you're going to hold it >> just one. >> Yep. >> Just one leg. Just like this. Just like I'm doing whenever whenever I tell you to start. Okay. Keep both legs straight and your arms at your side. While holding that position, count out loud in the following manner. 1,001 1,002 1,003 and so on until told to stop. That make sense? You're going to keep your arms at your sides at all times and you're going to keep watching your raised foot. So, if you pick up your right foot, stare at your right foot and count by 10,000. Okay, easy enough. Do you understand all those instructions or do you have any questions? You understand? You have a jacket in the car? It's >> like a rain jacket. Actually, I do have a sweater. >> We'll get We'll get that in just one minute. Okay. >> Do you think you're ready? >> Yeah. >> Okay. So, as soon as you pick up your foot, I'll start. >> So, just >> Yep. And then look at your foot. >> Look at it. >> Count out loud. 100,00 1,002 >> 100,00 1,002 100,003 1004 1005 10067 1008 10090 >> Keep going. >> Keep going. You're fine. Keep going. >> 20112345 2016 >> All right, keep going. 2018 2021 103 4. >> All right. You want to go ahead and get your shoes back on? >> And again, if you need to use my car, you can. Okay. All right. So, this one's probably going to be the easiest one that we're going to do. All right. All I need you to do, one more time. Feet back together, heels and toes touching. Okay. You're going to relax your arms by your side. All right. When I tell you to begin, you're going to tilt your head back, close your eyes, and count in your head what you think 30 seconds would be. Okay? So, you're going to be your own stopwatch. Does that make sense? >> You just go to 30. >> Yeah. Not as fast as you can go, not as slow as you can go. What you think 30 seconds is. That make sense. It's like if I hit start on a stopwatch, stopped it at 30 seconds. You're going to do that inside of your head. Okay. So, >> just lean back and count to 30. >> Yep. You're just going to tilt your head back. Close your eyes. Count to 30. >> Okay. Arms down by your side. Nice and relaxed. All loosey goosey. >> Feet together or apart? >> Feet together. All right. Whenever you're ready, just tilt your head back. >> Tilt your head back. Close your eyes. Count to 30. Arms by your side. Okay. At this time, you are going to be placed under arrest for DUI. Okay. Those aren't too tight on you, are they? Okay. Do you want to come with me? We're going to go to the passenger side of my car. Okay. Okay. We can either have you walk or we can make you walk. I don't want to have to make you. Okay. >> We'll we will let you call your dad, but we got to get in the car first. Okay. >> Don't pull away from me. Okay. I've been very polite to you this entire time. So, please do not start arguing a fight with me now. Okay. >> I've been very >> Okay. Come on. >> Not resisted at all. >> Okay. >> And I've been very >> And that's all he has to do. >> And I've been very watch this curb right here. Here. Watch out. >> Nothing. >> Don't pull away. Come on. >> Make me this way. >> All right. Slow down. Step down for me. There you go. >> You've been looking. >> I've been very polite this entire time. >> I am so >> If I have to ask you one more time to stop pulling away from me, I will tack on that additional charge. You understand? >> Go ahead and have a seat for me. >> We will call your parents in just a minute. Go ahead, have a seat for me. >> The subject had the right to refuse field sobriety tests. The sergeant that refusal can be introduced in court. Under South Dakota versus Neville 1983, the Supreme Court held that refusing a BAK test is admissible as evidence of consciousness of guilt. She agreed to the tests. Sir May standardized value ions were administered. Horizontal gay stagma stands walk and turn one brag valent test. Her the disclosed concussion history was documented. The correct move to protect the evidentiary chain. At the moment of arrest, she pulled her arm away. Under statute section 84302 obser obstruction of a lawful arrest constitutes resisting without violence. The law does not require sustained resistance. One pull is legally sufficient for the charge. The physical control used was proportionate under Graham versus objectively 19 reasonable given the totally of circumstances. No strike taser. No, only soft aim to control the slowest level on the use of force continuum and appropriate here. Piranda was read correctly before questioning consistent with Miranda vers Arizona 1966. The subject invoked her right to silence. Officers stopped immediately. fifth amendment compliance clean and complete. The breath results were 0.159 on the second. Florida's legal limit under section 316 both readings landed nearly double that threshold and under section 3161932 implied consent made them fully admissible. >> I don't trust you people. >> Sit down, please. >> Can you please call them now so they're aware of what is happening? >> They will be aware. Please sit down. >> I need someone other than the three of you. >> I just need someone else to witness this. Please, >> don't worry. It's all >> a female, >> please. I'm asking for a female to be present. >> I I need someone else to be present here. >> I don't trust this >> and I'm sorry. >> Listen to me very carefully. They are about to pull you into this car. You understand? >> So sit down for me. >> And it's not about that. >> I just need to be respected. >> I understand. I've been very respectful with you. >> And that's all that passing that seat belt. Stay sitting there for me. >> We're going to put this over your head so that way it's not choking on you. Okay. Okay. Where do your parents live? Where do your parents live? >> I have nothing to succeed here until you let me speak to them. >> Okay. Well, we're about to. Okay. >> Then call them. >> We're about to. You got Face ID? >> 30 >> 1 0 3 0. Can you see it there? >> Pop. >> Yep. >> Hey, is this Dad? >> Hey. Yes, sir. >> All right. This is Deputy Jones with the sheriff's office. >> Yes, sir. >> Hey, I'm just letting you know that your daughter was currently placed under arrest for driving under the influence. >> Okay. would >> but yet hasn't taken a breathalyzer. >> We're in Santa Rosa. >> Um where where do you live at? >> I live in um basically a little town called Axis, Alabama. >> No, you're up in Alabama. >> Okay. Does she have any family members who live close to Novar, Florida? >> Uh she has one of her best friends. >> Okay. because she had one of her best friends was right there. That's right. >> Okay. So, what we're going to try to do is we're going to try to get a hold of Cassidy to see if she can come get your daughter's vehicle so that way we don't have to tow it. >> Okay. >> Okay. If Cassidy is unable to come get it for whatever reason, we will have to tow it so that way it's not on the side of the road. >> Okay. >> Daddy, please. >> Okay. Would you like to talk to your dad real quick? >> Yeah. Would you like to talk to your dad real quick? Like I don't know this thing. Like can you come get your dad? >> I don't know, daddy. I don't have I can't use my phone. Like I've been trying to call everybody to please come get me all night. >> Okay. >> Can we come get her? >> Please. Daddy, you got to call Daddy. >> Daddy, I can't use my phone. The police officer has it. >> You asked to call your dad first. >> I've been obviously trying to call her. Like, obviously, I have no other reason to be over here. >> You're not helping anything. Calm down. Calm down. Trying to call Cassidy real quick, >> Daddy. Okay. >> Okay. So, sir, just to let you know, we're going to hang up the phone. We're going to call her. Okay. Okay. >> All right. Hold on again. I ain't passing you the phone. Calm down. You're going to watch everything that I do. So, put your arms down. I don't need you hurting yourself. >> Well, obviously I'm not incapable. >> I know. Stop. >> Human. >> We're not going to do that. >> C A S I >> C A S C A. >> I mean, I don't know how she's going to get in my car. Well, she can have somebody >> she can have somebody bring her out here. >> Oh god, this is so [ __ ] dumb. >> Your call has been forwarded to it. >> Okay, we'll try one more time. >> Just call my daddy again. Well, listen. Okay. >> Everybody, >> can you listen to my sergeant explain what he's got to explain real quick? Then we'll call you dad. Did you? >> Okay. We'll call you dad just one more time out of courtesy. Okay. >> Daddy answer. >> You ready? I'm just saying we'll come get the car in the morning, >> please. Do they have an idea what time you can get out? Is your police officer there? >> Uh, yes, sir. At the at the very minimum, it's going to be a couple hours. >> Okay. So, what what is the process? What do we just wait to see processed and then he can call us back or >> Yes, sir. So, we're going to go up to the jail. Um, that's where we do our breathalyzer. We don't do it on the side of the road. >> Yes, sir. Um, so she'll have an opportunity to provide a breath sample. >> Do it. >> Okay. That's your right. But she has the opportunity to provide a breath sample. U cuffs. Daddy, I'm not about to do it. >> Okay. Whether she does or not. All right. Um, then I will do my reports. Whenever my reports are done, the jail will be able to process her. >> Okay. >> Um, whenever she gets processed by the jail, she will have a like a card almost that she can access the phones at the jail. They will allow her to get cell phone numbers like out of her phone and keep on a paper with her so she will be able to have your number and everything else. Um, and then from there she'll be able to contact you more. She will have a copy of the tow receipt since we can't have anybody come and get her vehicle. >> That's right. >> So, she will have all the information of where the vehicle's going um and all of that. >> Okay. Daddy, like get my my my my my bank card that's in my car. Like whatever you have like use it. >> I will pay for every bit of it. Like it's go my my bank card. My my card is in my car. Can I at least get my purse out of my car? >> You want to take my debit card? Do >> you want to take your purse with you? >> Yes. Okay. I can at least use my debit card to pay for all of it. >> Hey, Wilson. It >> is in there. >> Can you get her purse out? Do you have like a little handbag wallet? >> Literally call that dude mover. Like it's in a blue It's in a blue bag in the passenger seat. >> Okay. Because I don't want to take >> It's got a heart key on it. >> Is it like a little wallet type purse or >> It's got a heart. >> Yes. Yes. That's it. Thank you. >> Yes. Obviously. >> Okay. So, instead of us taking your whole purse, are you okay if we just take your wallet so that way we have all your cards and everything else? >> Maddie, don't you need to take your whole purse? >> Obviously. >> Okay, >> we can do that. >> Thank you. >> All right. Well, just call me Maddie when you >> make sure though that it has um will you open it and make sure that it has a um a key ring with a big bright pink key on it? Yeah. Okay. >> This kind of has sparkly. >> You mean to the car? >> Well, it has one of my car keys on it. Yes. Yes. It's got my It's Yeah. >> Is that Is there another key in the car? >> No, that's it. >> Okay. Is there going to need a key to the car? >> That's it. >> Okay. Hold on to that. >> No. I need the key to the car so that they can get it on the tow truck so it doesn't damage the car. Uh, okay. But as soon like >> it's just going to be the fine. >> All righty, sir. So, we're about to wrap this up over here. Is there anything else that you'd like to send to your daughter? >> I need to make sure I can get home. >> Yes, sir. I'll make sure that message is passed across. Okay. >> Well, Daddy. Daddy. One second. >> Daddy. >> Oh, okay. So, where are you taking me? >> Santa Rosa County Jail in Milton. >> So, how do you get out of there? Whenever you are able to blow under a 0.05, >> okay, you're going to have a bond and once you pay your bond, you're out. >> Can I do that by myself? >> Yeah, you should be able to. As long as you got the money, >> like as long as you got cards and everything else, like you have the ability to pay for it. >> I have the money. >> Well, that's what I'm saying. As long as you have the ability to pay for it. >> I know all y'all care about is money. I just need to make sure that like I can physically >> Oh, yeah. As long as you as long as you have the money. Bottom line, all it comes down to the city wants money. >> Calm down. We don't get any money. >> Well, and if you don't, believe me, >> okay. >> All righty, sir. I will make sure that she gets uh your phone number written down. Okay. >> Thank you. >> Okay. >> All right. Thanks, sir. Bye. >> I would just really like it if I could like have my dad or my mother present while I'm in here. a female. This is not like trusting. No offense. Two guys haven't been the best these past few days. >> Trust me, I understand. >> Or yours. >> You know, >> like I said, everything is being audio video recorded. >> You're good. >> Look, just be a male. All right. >> Just pull my skirt down when I stand up, please. >> When you stand up, you pull it down. Swing your feet up. It's going to It's >> That's fine. You don't care. >> Can you just I I leg down. Stand up. >> Go ahead. We're going to go into this left room right here. Okay. >> If you have a seat in that green chair for me, in about 2 and 1/2 minutes, I'm going to ask you to provide a sample of your breath for the purpose of determining its alcohol content. Will you provide a sample >> water? After we're done here, Okay. Think you're good? >> Okay. Take a deep breath for me. Real. Okay. Real deep breath and then blow harden. Okay. All right. Whenever Whenever you're ready. Go ahead. Blow hard. Blow hard. There you go. Keep that going. Keep going. Keep going. Keep going. Come on. All right. Take a breath for me. Okay. Hold on. Okay. You see how You see how we're doing the We got to try to just keep it. Just imagine that you're trying to blow up one of those real big balloons, right? And you got one breath to do it. Okay. Whenever you're ready, go ahead. Back. Keep going. Keep going. Keep going. Harder. Hold on. All right. We got to hold a little bit longer. Okay. Nice and steady. Try for about 10 seconds for me. Okay. like a key. Okay. [music] Okay. So, what we just did right there. Okay. I just need you to do one more time. Remember, we never got a sample the first time. We have to have two to make sure that the instrument is reading it right. Okay, last one. Okay. So, I'm going to read this to you, okay? And then I'm going to ask you if you're going to be willing to answer these questions for me. Okay. So, you have the right to remain silent. Anything you say can be used against you in court. You have the right to an attorney with you prior to, during, or after any question. If you can afford an attorney and desire one, the court will find one for you. You may stop answering questions at any time by refusing to answer further or by requesting to consult with your attorney. Okay. Do you understand each of these rights as I have explained them to you? Okay. Having these rights in mind, do you wish to answer these questions that I got on this board? No. Okay. All right. So, this is just for your information. Okay. Do you know what the legal limit to drive uh where the blood alcohol content is? Okay. 08%. Okay. So on the first sample that we got you blew a37 and then on the second sample that we got you blew a.159. So you're almost double the legal limit to be able to drive. >> And I struggled to >> get a sample of >> Yeah. Okay. That's just because you weren't listening on how to provide it. Okay. >> Great. Okay. With that. All right. I'm going to be keeping your license. I will I will have instructions since you provided the sample. Okay. Um I got paperwork in my car that I will bring to you. >> Okay. >> And I will personally explain there's a process that you can go through to getting that hardship license that I was telling you about. >> Okay. I'll explain that process to you. And then after that, it's going to be up to you to to go through with it. Okay? But other than that, I'm not going to ask you any questions because you don't, you know, you wish to not answer questions. It's perfectly fine. You want to go ahead and take her, put her wherever you want. You really need to call somebody. >> Sergeant Spencer receives a B+. His legal justification at every step was sound. not arresting on the proportional judgment. Contacting her father was not legally required, but demonstrated professional conduct above the minimum. Deputy field sobriety test administration Miranda advisement and breath test procedure were all handled correctly. Deductions come from pacing inconsistencies during test instructions and the absence of clear verbal commands at handcuffing, which likely contributed to the resistance. She cooperated with the initial stop, contacted her father, and consented to the breath test. Under Florida's implied consent law, refusing would have triggered word automatic license revocation regardless of any court outcome. Consenting was the right call. Pulling away during handcuffing was not. It added a second criminal charge that did not need to exist. When a lawful arrest is in progress, compliance is the legally correct move. Every objection belongs in a courtroom, not on a roadside at 2 in the morning. Every encounter like this one carries lessons beyond the people involved. What plays out on this footage is exactly what plays out in real courts with real consequences. Here is what this case actually teaches. First, a traffic stop can expand the moment an officer develops independent reasonable suspicion of a separate offense. The original reason for the stop does not limit what officers may investigate if new evidence surfaces during the encounter. Second, refusing field sobriety tests is a constitutional right, but under South Dakota versus Neville, that refusal is admissible evidence. Prosecutors will argue to a jury that the subject knew they were impaired and chose not to demonstrate otherwise. Third, Florida's implied consent law under section 36932 means driving the state in this conditional postlawful arrest. Refusing at that stage adds a separate automatic license consequence on top of the existing criminal charge. Fourth, medical disclosures during field sobriety testing. Prior concussions or vision conditions documented at the scene protect the integrity of the evidence. withheld, they become variables that defense attorneys will use to challenge the test results at trial. Fifth, once a lawful arrest begins, any physical resistance, however, brief satisfies Florida statute section 84302. That is a separate criminal charge added to everything else. The only place resistance works in your favor is through an attorney in a courtroom. This case is a clean illustration of cascading consequences. One decision, driving with a blood alcohol level nearly double the legal limit, produced a suspended license complication, arrest, a resisting charge, and a towed vehicle. Each consequence flowed from that one choice. This breakdown was useful. 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