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911, what is your emergency? I've got a car in front of me that it looks like they are definitely drunk. At one time, they were on the other side of Del Prado back there. Um this car almost caused an accident when it was coming through a red light on the other side of Del Prado facing traffic coming at it. Hello. Hello. Where do you live? On 28th, right up here. Okay. And where are you coming from? Um well, I was coming from Open Stone, Southeast Lake. You haven't been drinking over there or what? We had appetizers, lots, yeah. All right, can you take your seat belt off from the rear of your car and come and sit here with me back here? Come Come to the rear of your vehicle out here. Exit your vehicle and come back here, please. Just back you, ma'am. So the reason I had you face me the reason I had you out of the vehicle is based on the totality of circumstances. I'm going to do a DUI. I'm trying to give you an opportunity to dispel my fears that you're impaired to such a point I can't think of anything safe that I can approach you with in your vehicle. I'm asking that you voluntarily participate in some standardized field sobriety maneuvers. But you're shaking your head no. I'm just shaking my head no because I think it's ridiculous, but whatever. >> It's up to you. I can't I can't force you to participate, but if you choose to participate, my decision is to arrest you for a DUI charge based on my observations up to this point. Your refusal could be used against you in any criminal proceeding. Do you want to participate? I'll participate. Okay. I have a few questions for you before we do anything. Are you sick or injured? I'm sorry, what? Are you sick or injured today? I'm not sick or injured. Are you taking any medications or drugs for that? I do not, but I could if I wanted to. Um I know you're not wearing eyeglasses, do you wear contacts? >> No. So you see out of both your eyes, yes? Yes. So what I'm going to do is I'm just going to have you uh take one step to your left. Bring your feet together, heels and toes touching, rest your hands to your side. Can you see my pen? Yes. Okay, what color is my pen? Red. What I'd like for you to do is to stand still. Don't move your head. I'm going to move my pen left to right. You follow the tip of my pen with your eyes and your head only. Do you understand? Yes. When I move my pen, you just follow the pen with your eyes, okay? With your eyes? Follow Follow the pen with your eyes. You're not moving your eyes. You got to follow the pen with your eyes, okay? When we get there, just move your eyes. You're not following the pen. Do you want to participate? Yes. Okay. I'm trying to give you an opportunity to participate here. Just follow my fingers. All I need for you to do is to follow the tip of my finger with your eyes, and your eyes only. Do you understand? Yes. Follow my pen. Okay, you're not following the pen. I I don't I don't understand Are you unable to? I don't know what you're asking. You're asking me >> pen, and I'm just asking that you track the tip of my pen with your eyes, okay? But you got to move your eyes as I move my pen. That's all I'm wanting you to do, okay? Just track the stimulus, like the tip of my pen or the flashlight with your eyes. I'm wanting to see how your eyes are tracking. Okay? Very important. We use our eyes when we operate a motor vehicle, and this is one of the most important evaluations that we can conduct. All you're doing is moving your eyes left and right with my pen. That's all you're doing, okay? Okay. You're looking at my pen. You're looking past my pen. You're looking at my partner. No, I'm looking at the pen. Focus on the pen. There you go. So, here just I'm going to wait for this car to pass before we get into the uh we do three evaluations, okay? So, for this next evaluation, I'm going to place you in the starting position at one end of the line here, and then I'm going to have you hold that position so I can give you the instructions. I'm going to demonstrate. Ultimately, you're going to walk down the line, turn around, and walk back. But don't actually start the evaluation until I tell you to begin. Do you understand, ma'am? Yes. Okay. So, come on over here. I'm going to have you face my vehicle. Face down the line, okay? Take a couple steps back and put your left foot on the line. Take your right foot, put it in front of left, heel touching toe, and rest your hands to your side, just like so. I need you to bring your right foot onto the line, so that your right heel is touching your left toe. When I tell you to begin, I want you to look down at your feet, and I want you to count out loud. You're going to take nine steps down the line, turn around, and take nine steps back. It'll look just like this. 1 2 3 4 5 all the way to 9. On your last step, keep your front foot on the line. Take your back foot and take a series of small steps to turn yourself around. And then, once you've turned around, take nine steps back down the line in the same fashion. So, 1 2 3 4 5 all the way to 9. Be sure to look down at your feet and count your steps out loud. Don't stop or pause until you've completed the entirety of the evaluation. Do you understand the instructions? I do. It's also 70° outside. I understand. Whenever you're ready, you may begin. 1 2 3 4 5 6 7 8 9 Go ahead and complete it whenever you're ready. Complete what? The last set of nine steps. You take nine steps down, turn around, take nine steps back. So, take nine steps back down to where you were originally. I'm going to have you come down this way just a little bit. Take a step back. I'm going to have you stand right here. All right. So, bring your feet together and rest your hands to your side. When I tell you to, I'm going to give you the choice. You're going to raise your left foot or your right foot 6 in off the ground. It'll look just like this. Both legs are raised. Your raised foot is pointed so the bottom of your foot is parallel to the ground. You're going to look down at your raised foot and count out loud 1,000 1,001 1,002 1,003 1,004 1,005. Just continue counting until I instruct you to stop. You want to avoid hopping, swaying, using your arms for balance, or putting your foot down. Now, incidentally, >> Officer Myers, Yes, ma'am. I need to use the restroom. The closest restroom is back here. I know. Um we're almost done. We are on I'm very close to home. Yeah, we can't let you go right now. You did >> Under investigation. Under criminal suspicion of what? DUI. DUI or what? What do you mean? What do you mean by what do you mean? I don't understand What I mean is I don't understand what you're asking. I do. I I would love to answer your question and address your concern. I I literally don't understand what you're asking. >> I do believe Can you ask it Can you ask it again? I already did. And continue with the instructions. It's 65° outside, so I'm going to put my shoes on and I'm going to drive home. I'm going to assume you're going to continue to participate in the roadside I've done a great job. And I'll And I will remind you if you refuse to participate in further my decision to arrest. I've done everything Okay. So, you're willing to participate in the one-leg stand evaluation. It's 9:20 at night. Okay. I've participated in everything that you've asked. Well, you're stopping me as I'm providing the instructions for the 30-day violation. I'm stopping you because it's 60° outside. It's actually -21 in Iowa from where I'm from. Well, I'm from Keokuk, Iowa. I grew up in this exact same district that I'm representing. Right. What is it that you're asking me? Because right now I'm not asking you to do anything. >> Okay. Well, I'm going to ask you >> I am actually leaving because you have found nothing. You're not. Put your hands behind your back. Put your hands together like you're praying. Based on my observations up to this point leads me to believe that you're impaired and unable to safely operate a motor vehicle. As such, I'm placing you under arrest. Do you want Come on over here, face my vehicle, please. Do you have any slides or something other than heels that I can grab from your car for you? I'm wearing my heels. Come on over here. Put your hands behind your back, Do you have any Okay. Well, let's let's take a side step here. Do you have anything on you you're not supposed to have? Do you have any guns, knives, weapons, any contraband? I don't believe I do. It does not, but I'm going to ask you anyways cuz you're going to be going to a control facility. It's a felony just to have something on you. So, it's two felony charges as opposed to one if you had like drugs or something on your person. Why would I have that? I don't know, ma'am. I've never met you before. My daughter is calling. I'm sorry. It's just that I'm sorry. I mean that. She's 15 and she's calling. Who's she? Is she home alone? Yes. I'm going to take your right hand out. And I'm going to have you take your watch off. I'm going to have you talk to your daughter for a moment let her know that you're going to be in jail for the I shouldn't be in jail for the night because I shouldn't be She's 15. So she can take care of herself. As long as she's in high school at this point. >> She shouldn't take care of herself. But yes, she has family members or something. I have my husband who is right up the road. Okay, so she's he's home as well. Well, he should be. Okay, I'm going to take this hand out. We're going to take we're going to take this watch off. Just watch your step. We're going to go back here. I'm going to have you go and sit in the back of my car. Before you step there was an ant pile here, okay? I understand. Rachel Cuddihy was charged with DUI and obstructing justice. Her case is currently at trial. If you enjoyed this video, leave a like and be sure to subscribe for more body cam footage daily.

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