Hey, watch out. Watch out. What are you doing? What are you doing? What are you doing? You almost ran into our car. We had kids up here. What are you doing? On December 8th, 2023, just after midnight, Palm Beach Gardens police in Florida made contact with a driver whose vehicle had three destroyed tires and a pool of oil beneath it stopped in the middle of the road. >> Hey, come over here. >> 6. Stand in front of my car. Over here. Over here. Stand right here. right up against the front of my car. I'm wondering just three or four. >> Okay. >> What's your name? >> Where do you live? >> Down the road. You all live down the road? I'm just I'm saying Okay. What is your parents address or where you live? Where do you live with? Your parents, grandparents. >> What's her name? >> Stormy. >> Stormmy. >> What's her phone number? >> What's the address? It is right down by the gas. Good. Yeah, I turn that up. My grandmother drove over. >> Where your parent? >> Why are you still on the phone? >> What's What's the phone number? >> What do you mean you don't know? >> Having fun messing up the car. >> You don't know where you live. Phone number. >> Do you have parents? Where are they living? >> Did they Did they throw away? My my mom >> my mom just got out of jail and my dad ought to take one of y'all to jail. >> I'll take y'all to jail. Baby glad he came here. >> I would have came. I got here first. I went skate top. If I came, I took one of y'all to jail. I >> What's wrong with you? >> Say it again. >> Jam. You think I'm playing with you? >> J. Why would you throw stuff in in the road and people driving their cars down the road? What if somebody drives over that stuff and hits a tree and killing because they try to avoid hitting that stuff? >> That's that's good, right? That's nice, right? >> And you mess up your whole life. >> What's where do you live? >> 14th Avenue. >> How old are you? >> Where the hell are you? >> 14th Avenue Southwest. You know how long of a road that is? Huh? >> So what what where do you live? You live on that road? What's your parents name? Who do you live with? Uh, >> mom. What's uh what's mom's name? Get something. >> You got any information? Come on. Let's go clean it up. >> You, too. >> Hey. Know. Yes, sir. Hey, hold on. Y'all walking with me. Don't walk. Don't walk without me. Walk with me and walk over here in the grass. How old you is? >> 14. >> You 14. >> You don't know how to spell, man. 14. >> But you know how to throw stuff in the road and mess people cars up. That's genius, man. Hey, y'all keep on y'all keep on doing bad stuff like this and you end up going to jail. And you you're a small dude, man. That jail ain't going to be a good place for you. I'll tell you that right now. The kids going to take all your food. You going to be smaller than what you are. Go ahead, start clean. Help him help him clean it up. I want the road to look just like it was looking before it came. Do not until I tell y'all do not come this close to the line over here. Stay get everything that's in the road right here. Get all pick it all up. >> Hi, this is uh Jasine. Hi, this is Deputy Massud with the county Sheriff's Office. Uh are you George Smother? Okay. Um, what's your address? Okay. Um, well, I am in the middle of 27th AB Southwest, just south of uh Are you familiar with the skate factory? Fifth Street Southwest. Okay. Well, uh, >> well, instead of doing that, >> him and his two friends are throwing stuff in the middle of the road, causing people to drive over it, ruining their cars, almost causing accidents. >> Yeah. >> Um, so we are on the side of the road right now as they're picking it up. You think you could uh come pick your son up or Okay. Uh we will be here at uh at uh you'll see us if you're are you close by? Yep. >> We'll be here. >> All right. >> Yeah. You found it, huh? >> Yeah. >> So, y'all y'all was drinking it. >> No, it was already empty. >> Oh, no. Somebody Yeah. After we get done cleaning up, we got to talk about this bottle. >> No. No. We It ain't looking good for nobody right now. All three of y'all share that bottle. >> No, we ain't drinking. >> I don't believe y'all. >> I don't believe you. How can I believe? >> You better start trying to remember your aunt's phone number, buddy. Or your mom's phone number or somebody. >> Yeah, because if you don't, man, you ain't You ain't going home. You're going somewhere else. >> Hey, man. This This is crazy. You don't even know your mom full name. >> He doesn't know how to spell his name. He doesn't know phone number. >> But but y'all know how to throw stuff in the room >> because they got alcohol in their system. They've been drinking. So they they forget simple real simple things, you know. >> So y'all thought y'all was going to get away with this? >> No sir. >> No sir. How you trying to play my intelligence? Y'all thought y'all was going to throw this stuff in the road, sit in the bushes, and laugh at people messing their cars up. Huh? >> Real funny. You do this, right? Somebody rides over it and ends up hitting a tree or something. Get into a car with him. >> And what is his legitimate? >> Hey, go to the front of my car. >> Go to the front of my car. >> To the front. Not the back, not the side. On the front where they lights at. Yep. Right up in there. Lean up against the car. Lean up against it. Y'all in trouble. You don't know your last name and you don't know a number. So where where I supposed to take you at? Jail. I can't leave you out here. is right. I >> I don't want to hear that. >> I I I don't I don't I don't want to hear that. >> What's your last name? >> Come right here. Hey, come right here, sir. Ain't no sir. Stop calling me sir. I don't want to hear it. Y'all out here doing in the road and thinking it's a joke. Everybody here in trouble. I don't know what he told y'all, but y'all with me now. Y'all in my car. I ain't I'm not going to play around with y'all like you being nice to y'all. I'm not going to be nice. So, you don't know how to spell your last name. You don't know your mom's real name. And you don't got a phone number. So, you know, I'm going to take y'all at if y'all can't get your stuff together, take y'all to jail. All three of y'all going to go in the backseat of my car. Y'all not in his car. His car's way up there. And y'all not walking up there anymore. Is that where y'all want to go at? >> I'm not I'm not I'm not here to to scare you or none of that. I'm I'm legitly asking is that where y'all want to go? >> So, y'all better get your information together. And if you don't, I'm taking y'all somewhere. I'm going to take y'all where y'all want to go at. Y'all y'all want to go to jail because if y'all didn't want to go to jail, you'd be at your house in the house or hanging out at each other house or whatever you' be doing. You wouldn't be out here throwing all these br um bushes and all this stuff in the road and rocks and having a bottle of alcohol. I don't want to hear. We found it. Do y'all been drinking? >> Why your eyes all watery? >> My eyes are not watery. Oh yeah, your eyes red too, man. I've >> been sweating. What? >> This is sweat. >> Hey, what am I talking about sweat? Your eyes watery and your eyes look watery. See, I've been drinking. >> Oh, you want to? >> I don't do breath test. I just take people to jail. >> What grade are you in? Uh, >> I don't do a breath test. >> How old are you? >> When you go to jail, they'll do that for you. >> 15. >> Breath test. I want You know what? When y'all go up to the jail night, y'all going to go in there with the killers. There's there's kids like y'all that kill people and y'all can go live with them and they bigger than y'all too. >> Remember somebody's phone number yet? >> I know the last game. >> That ain't going to help me. >> I yall know. >> Why would they know your phone number? >> Cuz he had his phone. What >> kind of phone do you have? >> My phone. >> You have his on phone number in your car. Why are you guys out so late? >> The stop itself was never in question. Florida statute 316610 prohibits operating an unsafe vehicle on public roads and that alone gave the officer independent legal authority to initiate contact completely separate from any suspicion of impaired driving. Once the stop was lawful, ordering the driver out of the vehicle acquired no additional shoe justification. And under Pennsylvania vims 434 US 106 decided in 1977, the Supreme Court held that officers may order a driver from their vehicle as a routine matter during any lawful traffic stop. The DUI investigation that followed was built entire legally sufficient in Florida. Florida statute 316193 defines DUI as operating a motor vehicle while normal faculties are impaired. That standard does not require breathalyzer and does not require field sobriety exercises. Officer observations only kind of establish probable cause. Hey, watch out. Watch out. What are you doing? What are you doing? What are you doing? You almost ran into our car. We had kids up here. What are you doing? Put the car in park. Put your car in park. >> Put your car in park. Put it in park. Put it in park. >> Put the car in park. >> What are you not understanding? Simple instructions. >> I know. I know. Oh my god. >> You almost ran into us. >> No, I didn't. >> Yes, you did. >> Unlock the car. >> Oh my god. I'm sorry. It's Oh my god. >> 20204. We're going to have traffic >> at the same location. >> Oh my god. Oh my god. that uh mass is out with the juveniles. >> No, I >> Hey, I don't want to hear it. I don't want to hear it. >> What do you mean? I don't >> get your driver license, your proven insurance, and your registration. >> Driver license, proof of insurance, and registration. Get those No, I don't want to hear it. >> Get those items I'm requesting. >> What? >> Yes. Slowly and safely. Go to put this window down. >> Put the window down. Put your window down. >> I am. I am. >> Okay. And get the stuff I'm requesting. >> I am. I am. >> Put your window down. >> Don't do it, >> honey. It's I'm sorry. >> Okay. I'm sorry. >> He's not even in a seat belt in the in the car. You're driving like that. >> Oh my god. He's >> what? Shut shut your car off. Turn your car off. I'm not going to ask you again. If I have to tell you again, you're going to get out of your car. >> Oh my god. >> Where are you coming from? >> We went We were at my friend's house. >> Look at me. >> Oh my god. I'm at my friend's house. He's like, >> you okay to back? >> I'm not mad at you. Okay. >> Where's a little from the way you drive? >> Do you see how close you are to this? >> Yes, I do. I do. >> You know how fast you were going? I had to pull those three kids off the hood of that car because you were so close to rear ending the car. It's It's night time. It's dark and there's a bunch of blue, red, and white flashing lights. And you got this close to a police car going the speed you were going. >> Where have you been drinking? >> I didn't. I'm telling you. You were at my friend's house. >> Okay, it doesn't matter. Can I >> give Give that deputy information. Hey, y'all need to stay at that car, okay? Stay in where you're at, okay? Just don't stay by the car. >> Ma'am, I'm going ask you one more time. Driver license, proof of insurance, and registration. You still haven't given me those items yet. >> My license. >> Ma'am, you know you were speeding. I thought I >> No, I didn't. I'm like, >> man, so you're saying that I am >> No, I >> I didn't see you speeding. That's what you're telling me. You almost ran into the car. >> I'm not I'm not I'm not I'm not I'm not I'm not doing anything. >> Have you had anything to drink tonight, >> ma'am? Have you had >> You just lied to a police officer. >> Yes, >> she did. Yes. >> You feel unsafe in the car? someone. >> Okay, I'mma I'mma get you out of the car, okay? Let you come out and hang out with us. >> Hey, hey, Mass. Hey, Mass. Mass. >> Yeah. >> Come come over here and get the kid out of the back seat. He said he don't really feel that safe in the car. >> Yes, he does. >> He just said he don't feel safe. He said he's in the middle. >> So, he wants to get out of the car and he said, "Feel safe." >> Hey, stop looking at him and stop talking to him. Talk to that deputy. Hey, come here, man. >> You can't lie to a police officer. >> Just come here, man. >> I'm not lying to a police officer. >> You have had something to did, but I'm not lying. >> No, you just You lied to me. >> You lied to me. >> So, ma'am, what I'm going to have you do is I'm going have you step out of the vehicle. >> Oh my god. >> Here. Go ahead. Step out. Step out of the vehicle for me. >> Step out of the car, ma'am. And I'm going to talk to you outside of the car. You're going to come to the front hood of your car. Step out. Okay. Shut your car door. >> Shut your car door, ma'am. Shut your car door. Shut your car door. >> Here. You You're not You're not responding. Come to the back. Come to the back of your car. You're not responding. I don't want you to get hit by a car. That's why, man. Have you come over here? Step around that way. >> Come to the front of your car, >> ma'am. Come to the front of your car. You just relax at the house. Okay, let me no longer at my house. You no longer at my house. >> He's got nothing to do with it. >> Well, that that I just All of them. >> Okay. Okay. He's got nothing to do with it. >> No one at the house anymore. >> Obviously, your friends obviously don't know how to hit themselves. And I told you don't be a follower. You know it's wrong. What if it was me in a car? >> It was vodka. >> Okay. How long ago was that? >> My god. >> I don't know. 2 hours like you can go. Like you can call them. >> Ma'am, I'm I'm talking to you right now. I'm not worrying about your friends. >> I'm asking you a simple question. >> All right, Yankee. We're dealing with >> I'm not drunk. I'm >> in. Oh god. My kid. Oh my god. >> As of now, we're yanking all of us. Um, so >> I swear to God. >> How many did you have? >> No, I swear to God. I've had two drinks. >> Ma'am, >> son, not I know he was at the house. >> Okay, so two hours ago. >> Ma'am, talk to me. Don't worry about what's behind us. >> No, I do worry about >> wasn't worried about when you got behind the wheel of a car and operated. >> No, don't do that. Don't do that. So, ma'am, right now, right now, based off of your >> what the officer documented here was significant. An inability to identify the road he was on, an admission to drinking with no recall of how much, and statements that were internally contradictory, claiming to be coming from home while also going home. These are textbook impairment indicators under Florida DUI case law. The subject eventually refused to perform field sobriety exercises. That refusal is entirely within his rights. Field sobriety exercises in Florida are voluntary. No statute compels a driver to perform them. The fuse itself cannot be as direct evidence of guilt, but it does not stop an officer from making an arrest based on what he has already observed. The officer then issued whatever known ends up from a load of that could be used as evidence against him. This is a Florida specific pre-arrest visement distinct from Miranda Merand under becomer v. McCarti Fort State 420 cited in 1984. Roadside DU questioning is not custodial interrogation and Miranda is not triggered. The arrest was ultimately reported by probable cause built through observation, not through any compelled statement or chemical test. Under Florida Statute 90115, an officer may make a warrantless arrest for a misdemeanor committed in his presence. Impaired driving observed directly by a law enforcement officer satisfies that standard. Now, let's talk about the grades. Officer, the stop was lawful. The investigation followed proper protocol, and the tailor warning was issued correctly. He demonstrated genuine patience, offering the subject multiple alternatives before moving to arrest, including suggesting a ride share pickup. That effort at deescalation is worth noting. Where the officer falls short of an A is in the length and efficiency of the documented. The investigation extended well beyond what was necessary. In DUI cases, prolonged voluntary conversation before a formal arrest can create evidentiary complications. A more decisive transition to arrest would have been cleaner both tactically. The subject receives a C plus. He made two legally sound decisions during the encounter. He declined to perform voluntary field sobriety exercises, which was his right, and he invoked his right to counsel, which is always appropriate. Neither of those choices can be held against him in court and he was correct to assert them. >> Your my observations of the way you're driving and almost rear ended my car. >> I didn't rear into your car. I'm way up behind you. >> Okay, ma'am. You were speeding and stop. >> Okay, >> please. >> I'm going to continue what I'm saying. >> Based off what you're >> I should let him take you for the night and that's we got that don't have their parents who disobey who can't follow rules. And see if that's where you want to be. the whole rest of your life and your future. >> Yeah, your house is right there. >> So, no, I should I should let him take you for the night and stay there for a night or two and see how you like it. >> Hey, stop. Worry about yourself. It's got nothing to do with you. >> Really? >> Yes. >> Talking to me. >> They are not allowed in the house anymore. Your Xbox is gone for a month. I don't want to hear anything. I'm going to start putting cameras up in the house because y I can't trust you. I can't trust you unstop. >> I'm a teacher. I'm a school. I'm at the freaking high school. Please, I'm not a mess. Please let me take God. >> Oh my god. >> All right, I'll tell you what we got so far. Um, >> please. >> Me and Mass, we got this blocked off because we have debris that was in the rope. Yeah, his phone's going to be on my seat >> on my side. >> Do you know how I have friends that work in the sheriff's department? You want to know the sheriff? >> Hey, ma'am. Ma'am. Ma'am, I know you're mad. We're dealing with something else right here. If you talk to them, can you just keep it down just a little bit? I know I understand you're being you being mad. All right. So, what we got going on is between me, me and his car, we have a ton of debris in the road, right? We had the kids clean it up. Um why we have the kids in my car here, cuz they cleaned from Mass car back cuz Mass got up to them. Um, this car was coming at a high rate of speed and I I promise you I barely saw it and my sister was like, "Hey, this car about to hit us." >> And we stopped the car. >> She's not she's she's not retained anything we're telling her. She's not she's not getting information we needed. It took her a long time to get >> earlier and uh she appear she appears to be impaired and she's she's all over the place. She started screaming and stuff. So that's why we got another person. >> I just want to go home. >> I'm going to continue what I was asking you. Okay. I just want to go home. >> Ma'am, can you focus for a second? Just for a second. >> I I have no focus problem. >> Okay. Okay. >> Go. >> You had two drinks of vodka, correct? >> Go. >> I'm talking to you now. >> You had two drinks of vodka. Mixed drink. Correct. >> Yeah. >> 2 hours ago is what you were saying. >> I don't know. >> You >> It was a party. >> Okay. You don't know. >> It was a party over in the >> I'm I'm listening to you. Is that all? Okay. So, >> just let me go home. >> So, after you had drinks, you got in behind your wheel of your car and you drove, right? >> With my kid, please. >> Ma'am, I'm asking you a question. >> Go home. I'm a teacher. I work at the high school. Let me go home. >> I'm not letting you drive. >> I can't do a bad thing. I'm telling you. I >> All right, ma'am. Right now, I don't believe that you have the capability of driving a motor vehicle on the roadway. >> Oh my god. Would you like to perform some exercises? >> No, I wouldn't. >> Okay, so >> I got nothing to prove for you. >> All right, so I'm going to >> I'm going to >> All right, give me a second. I'm going to let you know right now if you deny doing these exercises, you could be placed under arrest and they can go against you criminal. >> I know. >> So, I'm let you know if you refuse to do the exercises, you can be placed. >> All right, ma'am. When you're done talking, I'll talk. >> Please let me go. >> Ma'am, when you're done When you're done talking, I'll talk for you. >> Let me go. Oh god, >> we're past that. >> Yeah, we're really past that. >> Oh my god. >> Ma'am, I'm going to ask you one more time. >> God, this is >> I'm going to encourage that you do the exercises to either disprove or prove that you are intoxicated or not. >> I am not intoxicated. So, I'm going to give you >> I swear to God, I just want to go home with my child. >> Do you want to do the exercises or not? >> What? What do you want me to do? >> You're going to perform some exercises. >> Oh my god. >> If you don't want to do it, that's fine. I'm not going to force you to do it. >> I just want to take my child home with me. >> I need to know what you want to do, ma'am. >> God, I'm not. My god. >> Okay, turn around. >> Oh my god. >> Turn around. Put your hand. >> No. No. No. No. Oh my god. >> Stop. >> Don't resist. >> STOP. >> PUT your hands on your back. [crying] >> Stop. >> YOU DON'T HAVE TO DO THIS. STOP. Oh my god. Now you just caught a resistance. Charlie, good job. >> If you turn around, you're going to be playing on the hoo again. You hear me? >> Oh my god. >> Do not do anything other than what you're told to do. Do you understand? >> Oh my god. >> No. >> Please. All right. Do me a favor. >> All right. >> Please. No. You don't understand. Please. Ma'am, >> no. >> You got to come over to my car. I don't want to have to drag you. I'm extra nice. Can you walk over here? I don't want to do that. >> Please let me go. >> And your son's right there. I don't want to do that in front of you either. Can you walk over here? >> Yes, of course. >> Let's walk. >> 27th Avenue Southwest. >> Oh, yeah. >> Yeah. We're just We're just south of that. Did you uh may you come down here for the backseat of my car? >> Have a seat in the backseat of my car. >> Okay. >> Have a seat, ma'am. I ma'am, I Please do this. I don't want to force you in the backseat of the car. Just Can you have a seat? >> Watch it. Watch your head. >> Oh my god. >> Do you have somebody your father? >> Okay. So, what happened tonight? So, we were coming back from our friend's house and um >> Okay, thank you. >> And then we were coming down and then I said I saw her car and I told her to slow down and it was like at the last second she started to go on the brakes and I thought she would see it. >> You go ahead. You >> stand over here cuz I don't want you to get hit by a car. I rather get hit by a car than you. So you tonight? >> Yes. >> Okay. And you know, right? >> And that's why we're doing this. >> Good. How are you? >> Okay. So, all of this was out in the middle of the road. Um >> said they were going to a store or something. This is this lady right here. Why this is an issue? Okay. I know you know this is an issue. >> Oh, sir. Yes, sir. >> But there's a lady in the back of this police car right now because she was driving her car drunk with her >> throw them out of the way. >> And that's with a car with flashing lights. These kids are out in the street throwing stuff and this drunk lady comes through. I'm calling you guys to tell you something different. Okay. That's why we take this stuff real serious, you know. Thank you, sir. >> Um, >> I mean, they, you know, they've been respectful to us. They're not, you know, but but I mean, you see what happened here. >> Yeah. >> Um the reason I asked for the broom is if you know, I think they can take turns sweeping the rest of this out of the road. >> Damn right. >> So, uh if you wouldn't mind doing that. >> And you all are going to take turns cuz you all made this pass. So, he's going to sweep a little bit, then you're going to sweep a little bit, and then you're going to sweep the rest. Did you get in touch with his >> I I I could try and call. She's my >> You know you know where she lives? >> Yeah, I know. Yeah. >> Would you mind going over there and knock on the door? If you don't want to do that, I can go. We can send >> I It probably be better if I did and have a bunch of cops showing. >> You can you can take him with you for now if you wouldn't mind doing that and then just coming back this way. >> Okay. >> All right. One second. Let make sure. Okay. You're good. You're good to cross. >> All right, ma'am. >> Uh they're good. She's going She's going to get the mom of this one. >> So that's all happened. And mass mass saw it off. >> No. Stop. I >> I just went into the front of my car and I can smell it. Like >> I'm hot right now, too. >> Please talk to me. >> Why are you screaming? >> I want you. I'm worried about >> I won't talk to you until you calm down. >> Please talk to me. >> I will not talk to you. act like an adult for two seconds for two seconds. >> Um, >> so far I'm gonna charge her with resisting cuz I tried to put her in handcuffs and she snatched away from me. >> Oh, bet. >> And um everything. >> Oh yeah. Doing that. Try to be of his life. I run into the car or watch >> being hit. Um and uh I'm going hit him with DUI refusal do a sample. >> Yep. So >> be easy. >> Yep. Yes, sir. >> However, the decision that defined this in ever made contact. Driving a vehicle with three destroyed tires while impaired in the middle of a public road at midnight is the core failure here. No amount of legally savvy behavior during the stop changes that calculus. The subject's grade reflects both the smart choices he made and the serious one he did not. Before we get to the lessons from this encounter, it is worth stepping back and recognizing something. Most of what went wrong here on both sides came down to a lack of clear legal knowledge in the moment. th things every driver should understand before they ever need them. Lesson one, a vehicle in unsafe condition is a standalone basis for a traffic stop in Florida. Under Florida statute 316610, an officer does not need to suspect impairment to make legal contact with your vehicle. The condition of the car itself is enough. Lesson two, field sobriety exercises are voluntary in Florida. No law requires you to perform them. Declining is legal and under existing case law, the refusal alone cannot be used to prove guilt at trial. Knowing this distinction could be the most practical thing you take from this video. Lesson three, Miranda writes do not apply at the roadside during a DUI investigation. The Supreme Court made this clear in Burkimer Mccardi in 1984. Roadside questioning is not custodial. Officers are not required to read you your rights before asking how much you have had to drink. Lesson four. Probable cause for DUI in Florida does not require a chemical test. Florida statute 316193 allows a conviction entirely on officer observations of normal faculties. If an officer documents what he sees and hears, that record can be enough to sustain a charge. Lesson five, invoking your right to counsel is always legally sound. You can say, "I would like to speak to an attorney at any point during a police encounter." That invocation does not create guilt, does not obstruct the investigation, and does not wave any right. It is a constitutional protection available to every person in this country. The outcome of any criminal proceedings in this case was not available at the time of this analysis. What is clear from the footage is that the charge of DUI was supported by documented probable cause and any defense strategy would need to address the behavioral observations made by the officer in the field, not simply the absence of a chemical test result. There is a broader point here that goes beyond legal specific. Deescalation is not just a law enforcement responsibility. The subject in this encounter had multiple opportunities to reduce the tension except an offered alternative and avoid an arrest. That does not excuse any procedural errors on the officer's part, but it is a realistic observation about how these situations develop. The law gives you rights. Those rights exist for a reason and they matter. But knowing your rights and exercising them clearly and calmly is a different skill than simply refusing to cooperate. The best outcomes in police encounters usually come from people who know exactly what they are and are not required to do and act accordingly. If you found this analysis useful, we cover legal issues, police encounters, and constitutional law in plain English so that when these situations happen, you already understand the rules. Subscribe to our channel, thanks so you do not miss the next one, and drop your questions in the comments below. We read them and we cover