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No one else in the car with you? >> I haven't been drinking over 2 weeks. >> Is there anyone else in the car with you or no? >> No, I swear to God no one else is in the car. >> Okay. Are you okay? Do you need any medical attention at all? >> okay. >> You're okay? >> No, I haven't had anybody else in the car. I haven't drank in 2 weeks. I haven't had I haven't drank in 2 weeks. >> Well, it's funny you mention that cuz you definitely have an odor of alcoholic beverage emanating from your breath, so >> No, I haven't. >> He asked her whether anyone else was in the car twice. She answered a question he had not asked. This is a dirt road in Flagler County, Florida a few minutes before 3:00 in the morning on the 20th of June. There are no streetlights out here and everything you can see is lit by headlights and light bars. >> I think I backed up too far and I was like >> in the ditch. I'm talking about the front. >> What do you mean? >> The front of your vehicle. You see how the bumper's gone? >> So the I didn't hit anything. I promise. No, I'm fine. I legitimately didn't hit anything. It wasn't on here. It was already like that before. >> Your car was already like that before? >> It was It was It legitimately was. I swear to God I'm not No, it was already like that. I'm not lying. I swear to God. I'm fine. It was already like that. I'm okay, but I haven't >> you just said you didn't drink in 2 weeks. >> I haven't drank in 2 weeks like heavily drank like I used to before, but normally I'd be the passenger princess. And I was. >> So how many drinks have you had today tonight? >> Uh just had there. >> Where was that at? >> Uh the bowling alley one. >> The bowling alley in Punkus? >> Yes, sir. >> So, why would I still be getting that odor? That was 2 hours ago you had that drink. >> I don't know. >> What kind of drink was >> You never had to say any of that. They asked who was in the car and she reached past the question twice to tell them about something nobody had raised. By the time he asked her directly, the answer has already moved and it keeps moving all night. You will hear it change four times before this is over. >> And where was it you were going to? You can't tell me how your car ended up like that. >> Well, I only ended up like that cuz you told me not to move it anyway, so I just left it where it was. >> I asked you to stop when I got out and I was banging on the window and you drove into the ditch. You know I was waving my my lights at you straight to >> I should have known I was trying to pull out this way. You know what that means? Stop. >> You know, you see me you see this light and you didn't stop where you at. >> Yes, sir. >> In the front. >> So, I was up at 302 and 100. I was about to I was getting ready to make a right and as I started to make a right, I looked and she's coming head-on with me. So, you can probably if you go up there you can see my tire tracks where I went deep into the ditch to avoid it. And I turned around and looked and I watched her go all over the road. I was like I can't just go see my wife or let this lady drive on the road. So, I properly U-turned. Um I got video. I sent one of them to the text message from the the dispatch center, but uh this one won't let me send cuz it's too long. But, this is us coming down 302. She's all over the road, almost into the ditch there. I'm surprised she didn't end up in the ditch. Um and then I got from when we turned onto 305 where she's in the opposite lane. >> You have the one where she's going into the ditch. Is that this one? >> What? So >> Is that the one at the end? >> This is the one where she starts to go into the ditch. >> Yeah, that makes more sense. >> Of that man is the reason anyone is out here. He was on his way to work when she came at him head-on, and he went into the ditch to get out of the way. He could have kept driving. Instead, he turned around, followed her, filmed her through his windscreen, and texted the clip to a dispatcher before a single deputy arrived. He did the job of a traffic camera because there was not one. >> So, I'm okay? So, I know I was going to ask you the questions about how your car got in the ditch and everything and how the front front of it happened. So, we got a call that you were recklessly driving on the roadway and that you may or may not And that you may or may not have went into a few people's driveways and wrecked a little bit. And then drove off. Okay. So, aside from that, I'm concluding my crash investigation. I'm now doing a criminal investigation for DUI, okay? So, I'm doing Hold on. Hold on. Just let me finish, okay? So, basically, I'm doing what's what we call a changing of the hats. So, I'm done with my civil crash investigation. I'm now doing a criminal investigation, okay? So, you have the right to remain silent. Anything you say can and will be >> Watch what he just did, because it is required and almost nobody sees it. In Florida, if you crash, you have to tell the investigator how it happened. You do not get to stay silent about it, and because the law forces that answer out of you, the same law makes it unusable against you in a criminal case. So, the moment a crash investigator starts to suspect a crime, he cannot simply carry on. He has to end one investigation out loud, read you your rights and begin a different one. Deputies call it changing the hat. Everything she said before that sentence sits on one side of a wall and everything after it sits on the other. >> Answering or making statements. Do you understand these rights as I explain them to you? >> Does that mean I'm getting arrested? >> That just means I'm asking if you understand your rights. >> I understand my rights, but I'm asking if I'm getting arrested or not cuz I would have to call it to work. >> Having these rights in mind, are you going to answer my questions? >> I just want to know if I would get arrested or would I not get arrested? >> So, are you are you willing to talk to me after I read you your rights? >> I'm willing to talk to you after you read me my rights. >> So, what I I'd like to give you an opportunity to show me that your normal faculties are not impaired to the point where you can't operate a motor vehicle. So, what I what I would like to give you the opportunity to do is to perform some field sobriety exercises for me. Okay? So, to answer your question to answer your question >> Will I be able to Uber home or what am I going to >> So, it'll be upon conclusion of my investigation, okay? >> She asks whether she is being arrested. She asks four separate times tonight and the honest answer is that it has not been decided. What he offers her instead is a chance to show that her normal faculties are not impaired. That is what these exercises are. They are not a formality and they are not a trap. They are the part of the night where the driver can still change the outcome. >> Answering or making statements. Do you understand these rights as I have read them to you? As I have read them? >> As you read them? Absolutely. >> With these rights in mind, are you willing to talk to me? And do the field sobriety exercises? >> As I mentioned again, I am bowlegged and one short leg or short leg compared to the other. I can show you my surgery scars on them as well. So. It's not like something I would make up. >> I guess. Um, do you I know you don't have any glasses on, but do you wear any glasses or contacts or anything? >> I do wear glasses cuz I am nearsighted, so absolutely I do. >> Okay, so you can't see far away, but you can see I can see up close, absolutely. >> What she just said matters more than it sounds. The walk and turn and the one leg stand both assume a body that can do them. And the eye test assumes eyes that track normally. A driver who raises a real physical limitation before the exercises start is doing exactly what a defense attorney would tell them to do. It does not end the investigation. It does mean everything that follows has to be read against it. >> I guess. Do you relate to this injury? So far, so. Okay. You just want to stand a Just take a step to your left real quick, okay? So, all I want you to do is put your feet together, put your arms down by your side, okay? So, what I'm going to do is I'm going to I'm going to look at your eyes, okay? So, I have a pen here. Can you see the tip of my pen? >> Yes, sir. >> Can you touch the tip of my pen for me? >> I didn't know that 837 was an option. >> Okay. So, all I want you to do is you're going to follow the tip of my pen with your eyes and your eyes only, okay? Don't move your head. Do you understand? >> Yes, sir. >> Do you have any questions about the instructions? >> No, sir. Follow the pen. >> Okay. Thank you. >> Just one more time on the ground. Okay. Can you see that orange line in front of you? >> Yes, sir. >> This is This is what we're going to have to work with, okay? Just cuz we're on a dirt road. So, all I want you to do So, all I want you to do is at the >> There is no painted line out here, so they made one out of orange duct >> tape. >> Look at what this test is being given on. 3:00 in the morning, an unlit dirt road, uneven ground, the only light coming off a car, and a woman who has already said her legs are not the same length. He runs it anyway because the alternative is deciding without it. >> Get set up now, okay? >> All right, this? >> Do you understand the instructions? >> So, like this? >> Like what? >> I think you're all set up. >> Yeah, you're set up fine. Do you have any questions about what you need to do? >> It's like marching. Like marching drill? >> Nine heel to toe steps that way. >> did band, so that's how I know that. >> Yeah. Did you count your steps out loud in band? >> Mhm, 1 2 3, and that's all I >> Yeah, there you go. So, that's what you do. Count your steps out loud, nine heel to toe, and turn around. So, I just got one more exercise for you, okay? We can go back for a little bit closer than that far. I don't want you to trip on the duct tape or anything on the way, okay? All right. So, this last one, it's exactly what it sounds like. It's called the one leg stand. So, which leg is Like I said, you can pick right or left. You're going to pick up that foot about 6 in off the ground, about as tall as the soda can. Okay? And you're going to count out loud for 30 seconds. Okay? >> I count to 30? 18 19 20 21 >> Sorry for leaving. Hey, do me a favor turn around face the clock for me. >> Am I going to walk there? >> Just need to walk to the back of the car. Okay. We're going to We're going to deal with the car. It's going to get towed. >> So, do I pick it up from Victoria? Just in case cuz I do open in the morning supposedly. And it's my first time drinking after 3 weeks. Want to get my brother's number though? >> She spent most of tonight saying she had not been drinking. On a second deputy camera near the end of it, she says it was her first time in 3 weeks. She asks if she is being arrested. She asked for her brother and she says she is tired. The sheriff office would put her blood alcohol at more than twice the legal limit. She was charged with driving under the influence with three counts of driving under the influence with property damage and with three counts of leaving the scene of a crash. The property was a mailbox and whatever else was out there in the dark that nobody saw happen. What the footage shows is a man who went into a ditch to avoid her and turned around anyway, and a deputy who stopped in the middle of an investigation to say out loud which hat he was wearing. If you want to see how we get footage like this, the link is in the description. >> That's right.

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