Here's something to read. >> [ __ ] you. Your mama you. >> The state of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission. >> The state administer chemical test of blood, breath, urine, or other bodily substance determining if you are under the alcohol or how if you refuse this driver's license or privilege to drive on the state will for a minimum of your refus cuz I will beat your ass. >> Okay. On January 19th, 2024, officers in Georgia found a car spinning its tires on a set of railroad tracks. And the night ended in a DUI arrest, plus several far more serious charges. >> They are revving their engines. I've got tire bad tire. Oh, they're throwing rocks. Okay. Out of the car now. >> Yeah. Stop the trains. Open the door, >> ma'am. Open the door. >> Okay. Open the door. >> Yeah, because you're burning up your tires and you're stuck on the train tracks. >> Come on out. >> Yeah. >> All right. We're going to go over here away from the train tracks in case they don't get the train stopped in time. >> Yeah, because I'm not doing like too much. >> Have you been drinking tonight, ma'am? >> No. >> Have you? You haven't had anything to drink? No. >> So, why are you trying to go across the train tracks with this? >> Because I live there. But you're you're going across train tracks with no road. >> Girl, who don't cross this train? >> Everybody. Nobody does that, >> girl. >> All right, get your hands out of your pockets for me. >> You doing too much. >> No, ma'am. I'm not doing too much. No. Keep your hands out of pockets. >> Y'all doing too much. I promise you so much. >> No. Don't Don't pull out of my grip. Don't pull out of my grip. >> Girl, am I going to do that? Why would I do that? Crazy as >> Can you Can you watch her for a second while I >> Where's Where's your ID at, >> girl? Get it out my car because I'm not Don't jerk away from me right now. >> I'm noting with you. Get my Get my ID out of my car, please. >> I got a problem with the railroad on the road, please. >> Okay. I told my to um >> cuz I don't want your car. Sit right there. >> Right. >> Don't make it. Don't make it. >> Yeah. Just stand right here for me. Y'all doing too much. Girl, y'all doing too much. >> Where's your or where's your ID? >> Go in my purse. I swear. >> Well, they Yeah, because they >> I mean, they came straight across and then when I pulled up, it was nothing but like burning rubber and like rocks being thrown at me. >> I didn't throw nothing at her ass. No, the car. The car was spinning rocks out. The car was spinning rocks out of my >> No, ma'am. I'm not doing too much. >> Hey, don't don't touch my >> No, so my car is right here. >> Yeah, it's on the track. >> All right, I'm going to let you wash it for one second. Did you find an ID? >> No, I didn't I didn't check when I saw >> That's for a different vehicle. >> Yeah, that that one doesn't relate. Yeah, when I pulled up it was she was it was like burning rubber smoke. I couldn't I saw when I came out >> I couldn't see anything and it was like throwing rocks at my patrol vehicle which is why I had to pull up there. >> Yeah, I smell we see it. I can smell it but I see >> I mean you can see it on that side that she moved all the rocks on. >> What's your name ma'am? >> 30. >> What's your name? >> That was in 30. Ma'am, what's your name? >> Your car. This is your car. It's 30. >> What's your name? Okay. >> What's your name? They just ran my name. She just said my name. So y'all going to keep asking me my name? >> I'm asking you a name. I went over here talking that right there. >> Hold on. Hold on. Hold on. What we're not going to do is we're not going to disrespect nobody out here. Nobody's disrespected you at all. Okay. I know. >> Okay. So let's refrain from >> said Shan. Y'all just did it. >> But listen, I wasn't over here. Okay. So I came over here with this girl to who who you not messing with. Okay, that's fine. You don't have to. I came over here to talk to you. stuck on the track. So I ain't even make it to the track. >> How you how you get up there? >> Because I was going that way. You can go that way. No, you can't. Oh, ma'am. So the light look at the jet pit. Ain't no road. >> This not a road. >> So this that light is for you to turn like left or right. >> No, we always go this way. I'm sorry. >> No, not this way. No. So when you come from that road? >> No, for real. You go this way. >> The only way you can go is that light across. >> That mean I [clears throat] messed up on my Correct. So, I'm going to be real. I messed up. >> You did. You're right. You're right. >> So, that light is what you talking about cuz it let you go over the tracks. >> Oh, I thought we could. Right here, too. >> No, ma'am. Cuz I thought this was the police home. >> You headed home where you live at? >> Um off of um Offstead Road. >> Oh, so you don't stay in Sandy Springs? >> Yeah. >> You do stay in Sydney Springs out here. >> So, you got two places? >> Yes. >> Where you headed from? >> Oh my god. Now you doing too much. >> No, I'm not. >> If y'all going to lock me up like >> Where you headed from? I'm telling you this one going to go here. >> You said you you I asked you where you coming from. >> I'm telling you where I'm going. >> Okay. You telling me that you're going home, but where you coming from? >> No, baby, don't do this. >> Where you coming from? Cuz how you end up right there? >> Because >> that's why I want to know. >> But how stay down here? >> Okay. But where you coming from to end up right there? I'm I'm just trying to figure out where I'm going. >> How you ended up right there? You did. You come straight across the light. You turn right right here. >> From right here >> and you turn right up on the curb. >> Yeah. >> Okay. 821. Um, >> so stupid. >> You who you calling? Not you, baby. >> Okay, I got you. >> Let me Let me ask you a question. I want you to be honest with me. You had something to drink tonight? >> No, it have nothing to do with your >> You sure? >> I promise you it don't >> cuz I smell it on your breath. >> Okay. You can smell it all day and I don't >> So what what what you had to drink? >> Lock me up. Y'all going to lock me up? >> What you had to drink? >> What you had to drink? It is smelling because it's not goat to my car. >> I'm asking you what did you have to drink? >> Get the out my face. >> Okay. What did you have to drink? >> You think I'm stupid? >> You want to blow in the field spray the field >> and you going to do it too? >> You want to blow in the alcohol? >> I ain't going to do. >> All right. Well, turn around. Don't turn around. >> And y'all doing like I'm going to do it all. What we're not going to do is you're not going you not going to keep on acting acting like you Yeah, you are. First off, you call my partner a [ __ ] and then you're sitting up here calling folks stupid. So, what we're not going to do is that and then what's stupid is how you ended up on that curb. That's what's stupid. >> So, right now you being placed under arrest or driving under influence, less safe. Okay. And in addition to that, you got disorderly conduct. Okay. Would you like me to get your phone out of the car, ma'am? >> Yes. >> Okay. I did not I'm haven't gone through your stuff. Is there a purse in there somewhere that you want? Where? That's >> where back seat. >> It's in the front. >> No. Do she have a license in there? >> I don't know. That's what I haven't gone through anything. I opened it up and I looked to see if anything was like right there for like an ID. What we going to do is if if it's a wallet in there, just get the wallet. >> Just get the wallet. Man, get the off of me cuz now I got a problem with you. >> We're going to walk to the car. >> You going to come this way. >> You going to come as we going to come this way. >> You You're the one that's not not walking. Let's go. We coming right here. >> What you saying? You acting like a Uncle Tom ass mother [ __ ] for real. >> Okay. >> I'm stand right here. >> Okay. Can you let me go? >> No. You going to turn around and you going to chase this one? Well, I got a gun, dumb ass. >> Where you got a gun at? >> In your mama house. >> Well, you don't know my mom. So, good luck to you. >> Best thing for you. >> No, but I'm lying. She know I ain't got no >> step back for me. Okay. >> Yes. You don't touch me. I'm with her. I'm noting with you. >> Calm down. All right. You are being recorded. So, when we go to court, this is where we play. >> I'll come see you. I'm talking to you. >> That's my office. >> He's a [ __ ] I did just grab the whole purse cuz when I opened it, I saw money and I'm not messing with money if nobody else. I'm doing it with you in like right here so others can see. >> Thank you, baby. >> You know what? Shut the up talking to me for real. >> No, because he's a [ __ ] >> and I don't want him touching me. >> Okay, >> then I mean y'all doing all this [ __ ] for nothing. The >> And then you going to grab me on this side. You know what you going to hell? All right. >> A DUI. >> All right. Now, can you pull my purse in here? >> He's going to go up front with him. He has your ID right now, but your purse, which I put your phone in there. >> Start with the first contact. In Katie versus Dumbrossski, 413 US 433, the Supreme Court recognized that police perform community caretaking duties around vehicles. A car stuck on active tracks is a textbook example. So ordering the driver out needed no suspicion. Under Terry versus Ohio 392 US one officers need specific articulable facts to hold someone for investigation. A car driven onto tracks where no road exists plus an odor of alcohol on the breath clears that bar easily. The roadside questions did not require Miranda warnings. Burkimer vs. McCarti 468US 420 holds that ordinary roadside questioning is not custodial interrogation. She still had every right to stay silent. Probable cause for DUI comes from OCGA section 40 6391 subsection A paragraph 1. Which bars driving under the influence of alcohol to the extent it is less safe to drive? The driving, the odor, and her own admission were enough. And refusing roadside screening erased none of it. >> It's going to go up front and you get that back at the jail. Okay. It'll go in your property at the jail. They'll count the money and all that. Okay. >> Oh my god. >> Yeah. I'm going to do the impound slip. >> Thank you. >> Well, I mean, you got this and I really want this to stick after that. I really want this to stick. >> No, she she ain't doing nothing right now. She ain't doing the whole time. She ain't been doing this but making it worse against herself. >> Yeah. >> First off, she called you she called you a >> well. >> And then and then she went in saying we all stupid and she said oh no. She she she wrote herself dead the rights when she said this is a road and I turned right up on the curb. >> She said people she she told me that before anybody else got here. Oh people do we do this all the time. I just live right here. You're doing too much. You're doing too much. >> She refused this official. >> She refused everything. I think I'm going to go over here and read and probably consent to her. She already said she ain't doing nothing at all. So >> get the out of my face. Get the out of my face. >> Got something to read. >> [ __ ] you. Your mama you. The state of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administer chemical tests of blood, breath, urine, other bodily substance for determining if you are under the influence of alcohol or how >> if you refuse this assessing your driver's license or privilege to drive on the state for a minimum of your refusal punch you in your face cuz I will beat your ass. >> Okay. So, >> your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit the testing and the results indicate an alcohol concentration of 0.0 of 0.08 grams or more, your Georgia driver's license or privilege to drive on the highways of the state may be suspended for a minimum period of after first submitting to the requested state test. You are entitled to additional chemical test of your blood, breath, urine, or other bodily substances at your own expense from qualified personnel of your own choosing. Will you submit to the state administer chemical test of your blood? >> I'm just a [ __ ] Like I'm just >> Will you submit to the state administer chemical your blood? >> I'm pulling somebody over because of no reason. >> Will you submit to the state administered chemical? Take me to the jail, [ __ ] >> Will you submit to the state administer of your blood? >> You're lucky I can't punch you in your mother face. >> Well, guess what? I would. >> You just added a charge to yourself. I don't. >> Will you submit to the state administer chemical test of your blood? >> I'll ask you one more time. >> Will you submit to the state administer chemical test of blood? >> Will you submit to the state administer chemical test of your blood? >> You know, get this [ __ ] >> radio imply at 04464. >> This mother pulled me over for no mother reason. He would have been better off pulling me over saying, "Oh, oh, you you you burning rubber or something, you disease." >> Now, I'mma get a warrant on a particular threat. >> Georgia's implied consent statute, OCGA, section 4567.1, subsection B, paragraph 2, requires a specific notice for drivers 21 and older. Refusing the state test means a license suspension of at least one year. The officer asked for blood, not breath. In Elliot versus state, 305 Georgia 179 decided in 2019, the Georgia Supreme Court held that a breath test refusal cannot be used at trial. A refusal of blood or urine testing still can and under Birfield versus North Dakota 579US 438 from 2016, a warrantless blood draw cannot be forced as a search incident to arrest. Documenting the refusal instead of forcing a draw was the correct move. You better be glad. You better be glad I'm not in these handcuffs cuz I will get out and beat your ass. So everything >> Yeah. She should be fluent. >> Mama stupid ass like I give a didn't want to tow my mother car. Youing. >> Usually it's me who's seeing all the DUIs, man. >> Sitting over there. >> Hey, I did good. I think >> I was like I said I I pulled in over there. I was about to like I pulled in to you know have a have a second and I saw smoke and I smelled burning rubber. >> I mean when we came out we seen you >> I pulled up and it was like I was in a cloud. I couldn't see anything and then I tried to open the door and I was getting like beat with pebbles. >> Yeah. >> I was like ow. I was like, "Okay, I got to get out of this part." >> Then they going to say, "Take me to jail." The Just take me. Lock me up already. You should have already did this. You Uncle Tom ass. How about that? Take me to Connie jail, baby. Take me out of county service. You just mad cuz you can't drive a $80,000 car. You uncle Sam ass. And then you sitting up here doing this. You lucky I can't beat your mother. You and your mama >> 8211 radio make she's kicking partition in my vehicle running >> you just mad cuz you ain't got a b truck take me to the mother because guess what I swear I'm going to get You up. I swear I'm going to get somebody to beat your stupid ass. You lucky I can't kick you in your face. You lucky. You lucky I can't beat you in youring face. If I can beat you in your face, I swear I would. You lucky you win, baby. You think you going to win. So, I'm going to get ass on racism. I swear I will. Watch my cousin husband. Remember the name Greg Abony. We going to get you on racism. Yeah. Tell them, sir. >> When we um when we take her out, when we take her out better, >> when we take her out, I'm going to snatch her out since she's already said she's going to kick me. Disorderly conduct under OCGA section 16 11 39 subsection A paragraph 3 requires abusive words that tend to provoke an immediate breach of the peace. Insults and vulgar names alone rarely meet that standard. The Supreme Court said so about Georgia in Gooding versus Wilson 405US 518 from 1972. Then in City of Houston versus Hill 482US 451, the court held that the First Amendment protects a great deal of verbal abuse aimed at police. Threats are a different story. OCGA section 16 1137 makes it a crime to threaten any crime of violence with the purpose of terrorizing another. The statute also demands corroboration beyond the victim's word, and body camera audio supplies exactly that. Under Countermanman versus Colorado 600 US66 from 2023, prosecutors must show the speaker at least recklessly ignored how threatening the words would sound. A conditional threat is not automatically harmless because courts read words in context. Kicking the partition of a patrol car brings in OCGA section 16 724 subsection A. Damaging, destroying, or defacing government property is a felony. the most serious exposure in this case. >> They've been spitting and kicking. >> Let ADC know we're outside with the female. She's already threatened to kick and spit on anybody that touches her. >> Uh, we called. I don't know if they we called and told them that she's I rateing violent. So, I don't know if they're coming out or not. Okay. You said you're going to get them. >> Okay. >> Yeah. Let's wait for them because we're on their property. Oh, we're still good either way. >> Oh, we're good either of the way. Yes. You got your camera on? >> Yes, it's been on the whole time. So, yeah. When I when I open the door, I'm just going to snatch her out. >> Do I'm assuming she got out of her seat belt. >> Yes, she did. >> Okay. >> Yeah, she's been >> Did she get her hands in front? >> She I don't think so. But she's been kicking the door. She's been kicking the whole partition and then she she spat multiple times. Had to send her the whole time. She's been saying >> um the whole time she's been saying I hope your brother slowly I'm going your family when I get out I'm going beat you better be glad I can't kick you in your head. This thing is right here. I mean the whole time. >> Okay. >> So she uh she got me. She's talking about some her cousin's husband works for the FBI. I'm like okay. >> You writing down notes. >> No. These are my charges. >> Oh, okay. >> You see? Hey, stop that. >> Cute. Cute. Wait till y'all see what I'mma do for you. Open the door, you [ __ ] You ass. >> She just said she going to you up. >> Okay. >> You think you got something going on? She going to you up, too. So, >> what she said, >> don't get too close. She been spitting at me the whole time. So, >> we got the nurse coming to check you out. Okay. >> Give us a few. All right. >> No, I'm bipolar. I have I have paperwork. I'm bipolar like hell. >> Okay, we can work with that. >> It wasn't a girl. >> And I told him when they pulled me over, it wasn't her. She just she followed his lead. >> Right there. Look up a husband. >> Okay, ma'am. You going to come on out and take your time to get your book. Okay. So y'all, what's your name? >> Okay. Well, come on out. We going with us now. >> Okay. She said she going to come out. >> She kicking and threatening. >> She don't like it. I think she don't like it. >> I don't like you, [ __ ] >> Okay. Well, don't tell me. Come on. Come on. Don't tell me. >> Wait till my cousin husband come for your ass. He He slam me down on the ground. I don't give a about him. And you know what? I'mma tell you about you. And you going No. Stop. And you going to sit there and let him do do that? Come on, baby. Come on. >> What did he do? You dumb ass [ __ ] >> I got I got her purse. I got her first. [laughter] >> You going to regret it, too, cuz I'm coming for both of y'all. >> Okay. ass. I got your name because my cousin husband is coming for you. You [ __ ] >> You better bag up. >> You [ __ ] Spitting falls under simple battery OCGA section 16 5 23 which covers intentional contact of an insulting or provoking nature when the target is an officer on duty subsection E raises it to a high and aggravated misdemeanor but the state still has to prove actual contact. Graham versus Connor 490US 386 from 1989 judges force by the severity of the crime, the immediate threat, and active resistance. Planning an extraction in advance is sound if the force stays proportional and documented. The arresting officer gets a B. The DUI arrest was lawful. The implied consent process was handled correctly, and his restraint under constant abuse stood out. A disorderly conduct charge built on insults and a needless jab about what was stupid. Keep him out of the A range. The first officer on scene earns an A minus. Recognizing the danger and clearing everyone off the tracks was right. The only mark against her is approaching a car whose tires were still spinning and throwing gravel. The driver gets an F. Declining to answer questions and refusing testing were within her rights, but threats, property damage, and spitting are protected by no amendment. Each of those choices handed the state another charge. So, what should drivers and officers take from this? Here are five lessons. Lesson one, staying silent protects you, but threatening an officer can turn a misdemeanor night into a felony case. Lesson two, before refusing any chemical test, know what your state's implied consent notice says because breath and blood refusals can carry different consequences. Lesson three, assume every word spoken in the back of a patrol car is being recorded and speak accordingly. Lesson four, for officers, the strongest case is built on conduct, never on how rude the suspect happened to be. Lesson five, if you have a medical or mental health condition, tell officers early and calmly so it can shape how you are handled. If this breakdown helped, subscribe to our channel for more legal analysis of real police encounters. Share your thoughts in the comments and we will see you next