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Edit Transcript - A Text, Two Poles, and a DWI
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A Text, Two Poles, and a DWI
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That's correct. >> Someone's probably going to have to go up and around. Correct. >> Yeah. Access from North Jefferson Road. Also, start the squad. >> Fires have been dispatched. phone and I don't have my >> You guys just live here? >> No, we're the neighbors. Neighbors. Okay. >> He lives here. >> You live here? >> I know. I don't see anything right now. I'm sorry. I'm sorry. I was just driving on my way. I just It just happened. I don't know what happened. >> Are you okay? >> I'm okay. I'm 90. Do you want to come up here? Embarrassed. >> Huh? >> I'm just embarrassed. I know. There's no pure power. Here, we'll do this. We'll do this. >> I'll take your location. >> I don't I don't think it's total, Mom. I just It just uh >> It is just before 9 at night when officers are called to a quiet residential road for an overturned car. A sedan is flipped after splitting two utility poles and live liars are down across the street. The driver is sitting on a stranger's front porch, shaken and dazed. And she tells them she was rushing to meet a date when she lost control. What the officers do over the next hour is a textbook walkthrough. How an impaired driving case is actually built one question at a time. >> Hey, how are you? >> I'm good. How are you doing? >> I'm good. I'm officer Prager with the Hanover Township Police Department. What happened? >> I'm an idiot and I crashed a car on the way to a date trying to rush over. >> Trying to what? >> I was trying to rush over to a date. >> To a date. >> 63. We also have a car alarm going off 20 now. And where were you going? >> I was going to Livingston. >> Okay. >> I feel like a total stupid idiot right now. >> Did you have anything to drink? >> I had a little bit of tequila around 5:00 p.m. >> Okay. That was it? >> Yeah. Okay, >> I guess. >> How old is your >> How old are you? >> I'm 29. >> 29. Okay. Um, but you're going to your date now. What time is it? >> It's like 9:5. >> All right. Who's coming from >> order to shut this down >> right now? Probably 9:30, 959. >> Okay. >> Okay. >> In New Jersey, driving while intoxicated is not only about alcohol. The same statute covers driving under the influence of any drug, including marijuana. Here, the driver volunteers both. She says she had tequila earlier that evening and that she smoked marijuana around the same time. An admission like that does not decide the case on its own, but it gives officers a lawful basis to keep investigating because impairment from either one behind the wheel is treated the same under the law >> right now. >> But yeah, I want to worry about that. >> So, I'm going to be taking the crash aspect of this report. >> Sure. >> So, what exactly happened? What caused you to crash? >> Um, I was just like driving up the road and I lost control of the car and I How fast were you going? >> About 45. >> You were going about 45. >> You sure you weren't going faster than that? Cuz you took that pole out, came all the way here, and almost took that pole in half, too. >> I was I was just running through a message and I wasn't paying attention, honestly. >> So, you were you were sending a message on your phone. >> I know that's not really good, but like in all honesty, I that's what was >> okay. And now I'm released. >> There is a second violation hiding inside her explanation. When an officer asks what caused the crash, she says she was answering a message and was not paying attention. In New Jersey, it is illegal to hold a phone while driving. And using one is exactly the kind of inattention that turns into careless or reckless driving. A distracted driver and an impaired driver can be the same person on the same night, and each one is its own charge. Okay. >> So, I don't feel anything. Yeah, I feel. Um, so I we're going to run you through a couple tests just to make sure. I know you told me you did have a little bit of tequila. >> Absolutely. I understand. >> Do you mind if we come over here and uh >> Can I just see what your knees look like? >> You're a little caught up. >> Not very gate worthy. >> That's the last of worries right now, miss. All right. >> All right. Let's come over here. >> Just make sure she's okay walking here. Before any arrest, the officers run a set of standardized field sobriety tests. The eye test looks for an involuntary jerking that alcohol can cause. The walk and turn and the one leg stand are divided attention test. They ask the driver to follow instructions and balance at the same time because that combination is what impairment tends to break down. The officer demonstrates each one first so that later no one can say the driver simply misunderstood. >> Yeah. >> All right. So, I know you were in a crash, but just going to ask again. Your legs aren't significantly hurting you right now. >> No, honestly, they aren't. >> They aren't. >> They're seeing you a little bit because like, you know, there's >> But like I don't feel anything. >> Okay. All right. Very good. So, what I'm going to have you do is just walk this way a little bit >> and you can face me. >> Actually, I'll come over here. She's got aologize. No, you're good. >> I wasn't dressed for this occasion. >> It's okay. So, what you're going to do here is pretend there's a line in front of us. All right. >> You're going to place your left foot on that line. You're going to place your right foot in front of your left, heel to toe. And you're going to place your hands at your sides. >> So, >> don't judge me for what I'm wearing. >> No, it's okay. So, place your >> So, I'm going to have you I'm going to have you do one more test for me. Okay. >> This test is a one leg stand. What you're going to do while I explain it, you're going to leave your feet as close as you can together. You're going to place your hands at your sides again. Okay. >> So, >> it's a little embarrassing. Sorry. >> It's okay. So, place your hands at your sides. Nope. Nope. Nothing until I tell you to move. Do you understand? Just remain like this. Hands at your sides. Okay. For this test, you're going to take either foot of your choosing, lift it approximately six inches off the ground. You're going to point your toe and you're going to look down at your toe and you're going to count. So, you're going to count starting at 1,000 and so on until I tell you to stop. So, once again, I'm going to demonstrate the test for you. If you have any questions, you could ask it before I ask you to perform it. Okay? Where are you taking her? Are you going over there to your car? >> Yeah. >> All right. So, maybe they'll just roll her over in the >> You're in the ambulance. >> Okay. >> I'm fine. >> She's got to go in the ambulance or can you just do a quick >> You want us to check you out? >> You don't want us to assess you at all? >> Okay. has to check her if she's ano and then I just have to ask you some questions first. >> What day of the week is it? >> Um it's currently Sunday. >> Okay. And where are you? >> Um I'm assuming 11. >> Okay. What county? >> Essics. >> Okay. Um what happened today? >> I'm an idiot. I was driving through a date. I was paying attention and I >> Okay. What road are you on here? >> I don't know. Okay. So, you're actually in Hanover Township here in Lupin in Morris County. Okay. So, how about we just >> By now, the driver is hurt, confused about what town she is even in, and headed to a hospital. Officers decide she is under arrest. But they cannot just take a blood sample. Under a United States Supreme Court decision, police usually need a warrant before drawing blood in an impaired driving case. So, an officer is sent back to headquarters to get what they call a McNeely warrant named for that ruling before the sample is taken. It is the difference between evidence a court will accept and evidence it will throw out. >> I basically I mean >> she wants to sign an RMA, but talking to them she doesn't know where she is. >> She's not realizing what happened and she's from her knees. >> So, I was like I can't bring her back like that. But she's down to go to the hospital after I told her. But she wants her phone. She wants to call her mom. >> Yeah, she can't get her phone. >> I told her that. >> Tomorrow can't go to the hospital. We'll do a uh big war. All right. We'll figure it out. >> Um I guess when she gets to the hospital, she's like, "Well, I don't I don't know where I am cuz I was using a GPS." But like she's not even acknowledging she's in an ambulance. will follow you guys. Good with that if he follows it. Hey Bri, just follow him. That way your car is with you. >> She understands that she's being okay. I mean, she doesn't understand, but I told her >> everyone walked away from this one, and that may be the only lucky part of the night. A message can wait and a date can be rescheduled. If you were the officer on this call, how would you have handled it? Let us know in the comments and follow for more real stops and the law behind them.
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