Miss Amanda, at this time you're under arrest for DUI. >> Do you have somebody that can come get the children? >> Who can come get the children? >> All right, we're just need to call him. I don't want to have I don't want to have DCF have to come out here for him. What's your husband's phone number? Can >> you write that down for me? >> Why I'm being >> You're being arrested for DUI. driving under the influence >> and that influence encompasses alcohol and medications. >> Upon February 23rd, 2024 in Port Charlotte, Florida, a Charlotte County Sheriff's deputy stopped a driver after a local bar called 911, reporting she appeared too impaired to safely operate her vehicle. Two children were in that car, a 2-year-old and a 7-month-old infant. What happened next raises questions worth examining carefully, not just about what the law says, but about how well it was actually applied. >> 337 traffic 5. How far out are you? >> Traffic 500, cut the stop, please stop on this vehicle or unrelated >> this vehicle. It'll be the access and 41 by harbor 39 John Paul Adam black infinity. She's still waiting on traffic. I don't know if she's I'll let you know when she stops completely. Thank you. >> Your call has been updated. Your call has been updated. >> Your call has been updated. Your call has been updated. >> Traffic. We're back on the access. I believe she's finally stopping. We'll be in the pharmacy. >> Your call has been updated. >> Your call has been updated. We have another unit, please. >> Hello. >> With the sheriff's office, traffic safety team. Reason I'm stopping the Infinity is we had a call about your vehicle. They were concerned about your ability to operate a vehicle. >> Um, is everything okay? All right. Have you had anything alcohol or anything to drink today? >> All right. Are you on any medications prescribed by a doctor? Well, anxiety. >> Okay. What? >> How much have you had today? >> Where's your anxiety? >> We're right in the middle of the pharmacy. >> Yes. >> It's fine. Um, last night I had >> Oh, okay. Right. Um, what were you doing up at Charlie's pub? >> Um, I I stopped I had to use the rest. >> Okay. Okay. Well, they're the ones that called. They were concerned about you being able to drive safely. >> Okay. >> All right. So, I have another vehicle coming. How come you didn't when I got out of the car to walk up to you, you didn't uh you just took off on the access right there? >> Or did you not even see me? >> No. I I stopped you. >> No, no, I was behind you when you were at the stop sign. I was walking up to your car and you took off. >> Okay. >> I'm sorry. >> All right. Well, like I said, right now I'm just waiting. Um Okay. >> Do you have your license on you, ma'am? >> I don't, but I have a picture. >> No, it's all right. Are you Is this your car? >> Okay. How old is the little baby? >> Um, she's two and he's seven. >> Oh, okay. So, when you went in the when you went in the pub, did you just take the baby? I took her. >> You took her in the pub. >> Yeah, I just had shoes. >> You didn't take him? >> No, >> you left him in the car. >> I left vehicle running. I just had to pee. >> Okay, I'm going to get my form. Can you get her out real quick? Sure. >> Your little ones? >> No. >> Oh, how we doing? Did you give him your license? >> Uh, no. I have a picture of you. >> Uh, on your phone. That's fine. Yeah. here. If you want to go ahead and step out real quick so he can and you can find you can find it in a minute. Is the vehicle registered to you? >> Okay, then he'll be able to find it. It's fine. You can leave your phone in there if you want. Yeah. And then uh just come over here. Bring over here. Miss >> I'm going to have one of them stay with the car that watch the children. But I'm going to have you come over here real quick. All right. At this we're going to go up to that line. All right. At this time, ma'am, I am concerned about your ability to operate a vehicle safely. I'm seeing a couple clues and indicators that believe me to be that you may not be able to operate it safely. And because of that, I'm going to ask you to submit to Field Sriiety to make sure you're able to operate your Infinity safely today. Okay. Will you do the exercises I'm going to ask of you? >> I will. >> All right. Ma'am, uh, what's your name? >> Amanda. All right. >> Before we start, I'm going to ask you some questions and complaints of injury. Are you currently sick? I'm sorry. >> Are you currently sick? >> No, sir. >> Are you currently injured? >> Ma'am, are you a diabetic? >> Do you take any insulin? >> Um, I do have um uh strep. I'm taking >> Okay. But you don't take insulin? >> No. >> Okay. Are you an epileptic? >> Are you currently under the care of a doctor, ma'am? >> No. Are you currently under the care of a dentist or have you had a dental procedure done in the last 48 hours? >> Are you taking any medications? And do you have any physical hands? All right. First thing I'm going to do this patent is I'm going to check your eyes. All right. So, what I want you to do is stand with your feet together, arms at your side. You see that pen? I need you to focus on that pen. When I move it, I'm going to move it in a left to right fashion. You're going to follow with your eyes and your eyes only, keeping your head completely straight. Do you understand? >> Yes, I understand. >> Do you have any questions? >> No, I do not. >> All right. Heat. Heat. All right, miss. This time we're going to go upwards. Same thing. Just your eyes, head straight. Okay. Yes, sir. Relax for a moment. All right. This time, what I'm going to do is I'm going to go around your face in a circle twice. >> You're going to follow it with your eyes. Your eyes only. >> After I make that second turn, I'm going to bring it in close to your nose. I'm not going to touch your nose. It'll be very close. Yes, sir. >> As mine, what I'm trying to do is get your eyes to cross. Yes, sir. >> Okay. >> Yes, sir. One more time. >> Go ahead and relax for a moment. >> All six. No vertical. >> So, >> all six, no vertical. >> All right. >> All right. Miss Pton, >> this white line that you're standing on, do you see it? >> Yes, sir. Do you consider it a fairly straight line? >> I do, sir. >> Is it free of any debris that could cause you to trip? >> No, sir. >> It's not What's on it that could cause you to trip? >> No water. >> No, sir. >> No. I asked, is it free of any debris? >> Oh, yes, sir. >> Okay. >> I see that you're wearing sandals. Um, would you like to take those off and do it barefoot or are you comfortable with your sandals? >> I'm comfortable with my sandals, sir. >> All right. What I'm going to do, ma'am, is that this time I want you to put your left foot directly on the line. Take your right foot, place it directly in front of left like mine. arms at your side. Stay in that position. Do not start until I tell you to begin. When I tell you to begin though, this pattern, you're going to take a series of steps, counting your steps out loud like such. 1 2 3 all the way to nine. Upon reaching nine, you're going to leave that one place. You're going to take that magical series of steps turning all the way around. >> You're then going to return back down the line another steps like such. one >> three >> 30 seconds I know what it can you take into consideration please the breathe >> the wind >> or the wind >> I will we'll actually they will move to that >> necessarily freeze >> we'll we'll move to that line now as you're doing this your arms are remain at your side your feet are to touch the toe you are to count your steps out loud once you start do not stop it's nine steps a turn and nine steps one continuous motion There's no stopping you. Okay. >> And it's not blowing on your side. >> I hold my camera. Just mark it as you see it. If you wouldn't mind. >> So, we're going to start there. Yes, ma'am. >> So, again, left foot on the line, right foot in front of left, touching heel to toe. >> Got it. >> Go ahead and assume the position. Right foot in front of left. All right. Nope. Don't start yet. Wait till I tell you to start. So, left foot on the line, right foot in front of left, touching heel to toe. Right foot, right foot in front of left. Are you ready? >> Yes, sir. I am ready. I'm sorry. Yes, sir, I am ready. >> All right. Put your foot right foot in front of left. That's the starting position. Now, begin. >> Yes, sir. Woo! Miss Patton, do you remember the instructions? >> Go ahead and find them together for nine. Nine steps >> and then turn and go back nine. Right. >> Okay. >> How many steps did you take? >> I didn't count. Do you want me to start again? >> No, no, just continue back the other way. All right, come back later. How many steps was that? >> Honestly, I have to get back. >> Okay. All right. >> I can do it again. >> No, we're fine. Do you have a stopwatch for me in a second? >> Yeah, I bet. Um, >> just wait right here on this line for me. >> Yes, sir. >> We got two more exercises to do, >> sir. >> Oh, no. I'll just have you keep the time. It's fine. >> Okay. Yeah, we get it. Ready? >> All right. >> The next exercise is called the one leg stand, sir. >> Okay. When I tell you to, you're going to take the foot of your choice and you're going to raise it approximately 6 in off the ground. It's going to look like this. Your foot will be parallel to the ground. Your arms will be straight. Your legs will both be straight. 6 in is like a coke can. Think about resting your foot on top of a Coke can. >> Sir, >> you're going to count out loud in a matter of such. 1,00 1,002 1,003. You're going to continue to count until I say stop. >> I'm not going to tell you how long I'm going to have you do it for, but I will tell you that I'm about to do it longer than I'm going to have you do it. >> If at any time you lose your balance or anything like that and have to put your foot down, Regain your composure. Pick that foot back up and continue counting where you left off. >> So if you have to put it down on a five, when you pick it back up, make sure we start counting again at six. >> All right. Again, both legs are to remain straight. Foot is parallel to the ground 6 in off the ground. Arms are at your side. You're looking at your foot and you're counting out loud 100,00 1,002, excuse me, 100,00. >> Sir, >> any questions on what I'm asking you to do? >> No, sir. Do you have what's what foot do you want to stand on? And what foot do you want to raise? >> I'm going to stand on this, but can you block the wind? It's It's actually very >> It is windy. Like I said, I didn't and I did just do it. But what I can do I can I can stand to the side. But what I need you to do is >> I have no problem standing here. I just want you. >> No. Do you have any do you have any physical handicaps or ailments that keeps you from doing this? Right. >> So you're going to stand on your left. You raise your right. >> Sir. >> Okay. Tell me when you're ready. You ready? Begin. Hey, you can stop. All right, Miss Patton, the last exercise is called the finger to nose. So, what I need you to do is take both your fingers like this, index fingers. Now, put them at your side, palms forward like mine. Remain in that position until I tell you to start. When I tell you, but switch sides so the sun's not in your eyes. I rather have the sun in my eyes when I tell you to start. You're going to have your head tilted back and your eyes shut. My eyes are staying open to watch you, but your eyes will be shut. Okay. >> If I say left, I'm going to call out a series of lefts or rights. Sir, >> if I say left, it's straight up, tip of the nose, tip of the finger, and right back down to your side. I will not remind you to put it down, >> sir. >> If I say right, it'll be the exact same. Straight up, tip of nose, tip of finger, and right back down to your side, >> sir. >> So, we're clear. That's the tip of the finger, not the nail, not the pad, not the sides. >> Yes, sir. >> If this is your nose, and that's your no that's the bridge, and those are your nostrils, it's literally the tip to tip. So, it's like this. Nope. Like this. >> Straight on. So, >> and then right down >> this. >> This. >> Just like that. Yes, ma'am. >> So, turn it around to >> Yep. to your nose and right back down to your side, >> sir. >> All right, Miss Patton. Head back. Eyes shut. Left. Right. Remember the instructions. Remember the instructions. >> You got to put your hand down. >> Oh, start. Sorry, sir. >> Left, right, right, left. All right, I got one one last exercise. It's a balance exercise. Face that stop sign real quick. I'm going to explain how to balance for you real quick in a minute. >> The stop was legal. A traffic stop requires reasonable articulable suspicion of criminal activity under Illinois versus Gates 462 US 213. A tip from an identified business corroborated by the officer's own observations meets that threshold. Florida statute section 3161 193 defines DUI as operating a vehicle while under the influence of any impairing substance, including while faculties are impaired. Normal faculties include the ability to walk, talk, see here, judge distances and drive. The officer administered the NHTSA standardized field gazeness test battery. The waser is involing central to prespens including zenzoazipines and anxiety medications. Six clues are possible. The officer documented all six. The maximum score under NHTSA research. A full HGN score carries an 88% identifying impairment. The absence of vertical pointed toward depressant class drugs rather than alcohol. Distinction that directly aligned with the subject's undisclosed medication use. The walk and turn and onele stand tests measured divided attention. The samely cognitive demand driving places on a person. The subject lost her step count during the walk and turn and requested wind accommodations during the one leg stand. Both producing observable clues under NHTSA protocol. The officer also administered a finger- tonose test. This falls outside the official inidentiary weight in court. It is legally permissible as corroborating evidence, but it cannot serve as a primary basis for probable cause in a contested proceeding. Two enhanced charges were filed under Florida statute section 3161931 for operating a vehicle with a minor present while impaired. Each child is a separate count. Child neglect charges followed under Florida statute section 82703. When the subject invoked her right to counsel, the officer correctly shifted away from questioning. Under Edwards versus Arizona 451US 477, all custodial interrogation must stop the moment a suspect requests an attorney. That boundary was respected here. We >> need to have somebody that can come get the children. >> Who can come get the children? >> All right. We're need to call him. I don't want to have I don't want to have DCF have to come out here for him. What's your husband's phone number? >> Can you write that down for me? go over why I'm being >> you're being arrested for DUI driving under the influence >> and that influence encompasses alcohol and medications. They >> you're being arrested cuz you're not able to drive that vehicle safely. The clues and indicators you provided me during field sobriety are enough to affect the arrest on you. So, we're going to go to my car. >> No, we're good. I got it all on the camera, too. >> I got the number for you. >> All right. Will you give him a call and see if he can come get the children? >> Did you search? >> We're going to come over here. This female is going to search you real quick before I put you in the car. Okay. >> Miss Amanda, do you have anything on your person that can get you in trouble? >> No. >> Okay. Nothing on you that's going to get you in trouble with the jail, drugs, weapons, or anything? >> Okay. Is there anything in the vehicle that's going to get you in trouble? Drugs, marijuana, weapons, anything. >> Hey, though it's questions I have to ask. >> I said no. >> I know. And I'm just I'm just saying it's just questions we have to ask. >> Your husband. Okay. So, go ahead and spray your feet for me. >> What's your husband's name? >> Charles. >> Charles, >> you want to tell me what I what I failed? >> It's not pass or fail, but I'll tell you that you gave me enough clues and indicators to arrest you. >> Oh, did I? >> Oh, yes, absolutely. No, I have >> You have just one bra on or two? >> Keep trying. >> I need um >> I'll get the names of the children or if you get a hold of him, I'm going to need the names and ages of the children. Charles, >> does this have a built-in bra with it? Is that >> No. >> Well, I'm just asking. You got a couple of layers. >> Well, I'm trying not to pinch you. Yeah. >> Does my anxiety medicine that I didn't tell you about have anything to do with this? Absolutely. Steroids. >> Absolutely. >> All right. >> If you look at your medication bottle, it says do not operate machinery. >> No. And >> absolutely. that I didn't tell you about. >> Okay. It could be. I'm not sure what that is, but the the anxiety medications. Absolutely, ma'am. >> Well, also a steroid. >> Okay. Right. Melissa. >> Okay. >> She'll be right back up. >> Go ahead and have a seat. You might >> just give them the number over the radio. Go >> ahead and have a seat. We're trying to get a hold of your husband. You >> got to have take take a seat. Have a seat. >> You and my kids. >> They're going to be taken care of. Okay. Hi, is this Charles? >> I'm sorry. >> Charles, this is Corporal Ket from the sheriff's office. I need you to come to Harbor and 41 >> where the pharmacy is and pick up your children. Um, your wife's been arrested for DUI and I have the children, the 2-year-old and the infant in the Infinity, and I need them picked up. Har. Yep. 41 and Harbor in Port Charlotte. Are you familiar with Port Charlotte any? Yep. And it'll be the there's there's a 7-Eleven on one corner and across the street from the 7-Eleven there's a Midway pharmacy. We're in the pharmacy parking lot. >> I can give you the address real quick. >> And we'll have I'll have a couple deputies standing by with the kids until you get here. Okay. >> The address if you need. >> All right. The address the address is 3370 Tamiami Trail. >> Yep. And that's Port Charlotte, Florida. Yes, sir. All right. Thank you, sir. All right. It's going to be a bit. He's coming from Sarasota. >> [ __ ] Okay. 339's probably have to stay. >> That's fine. >> Um >> um I want an attorney. >> I accepted. >> No, it's fine. I'll re I'll rewatch my video for the I mean I got the return was like 20. >> Okay. >> Corporal Conan receives a B+. His FST administration followed NHTSO protocol. accommodated reasonable requests without compromising test integrity, used a stopwatch for the one-legg stand, and arranged a cross-gender search per department procedure. The grade stops short of A because the finger- ton-nose test was not clearly separated from the standardized battery in his probable cause framework. In a contested courtroom, that conflation creates a vulnerability defense council will find and exploit. Pamanda Patton receives a C. She cooperated fully with every exercise, stayed composed, and invoked her right to counel at the right moment. These are smart decisions under pressure, and the great accounts for them. But operating a vehicle with two infants in the back seat while taking anxiety medication whose impairing effect she later admitted knowing about is the central fact of this case. Cooperation after an arrest cannot undo the decision that led to it. Every stop like this carries lessons that reach beyond the footage itself. These five come directly from the law as it applied here and from the gap between good intentions and legal compliance that showed up in this encounter. First, prescription medication is not a legal shield under Florida statute section 316193. If a label reads do not operate machinery, that warning carries legal force. Choosing to drive anyway creates criminal exposure under Florida law regardless of a valid prescription. Second, a named identified caller establishes reasonable to Terry versus Ohio 392 US1. The source of the tip controls the annalition. The source of the tip business calling in a concern is legally distinct from an anonymous tip. Third, once you invoke your right to counsel after rest, the conversation ends. The subject volunteered information about her undisclosed medication in a post arrest exchange. The fifth amendment gave her the right to stay silent. Silence at that moment would have served her far better. Fourth, officers must separate NHTS standardized tests from non-standardized ones both during administration and written reports. Treating the finger to nose test as equivalent to the HGN or walk and turn is a paperwork error that becomes a courtroom problem. Fifth FLEER statute section 82703. Driving while impaired with children in the vehicle is not just a DUI. It is child neglect. The law treats those children as independent victims and the charges and the sentencing reflect that distinction directly. If you have an interaction or a legal topic you would like us to break down, leave it in the comments below. If this analysis was useful, give the video a thumbs up and subscribe to our channel so you do not miss the next