Easter Sunday, Lantana, Florida. A woman drove herself directly into an active police crash scene. She will spend the next 30 minutes explaining why none of this is her fault. March 31st, 2024. Lana Police Department officers were already working a traffic crash. Officer Murdoch made contact. What he noticed first, the smell, then the speech, then the balance. Three indicators, one investigation. In Florida, driving under the influence means operating a vehicle while impaired by alcohol or a controlled substance to the extent normal faculties are affected. First offense carries up to 6 months in jail, a one-year license suspension, fines up to $2,000, and mandatory DUI school. She drove herself here. That is already enough. >> All right, >> do me a favor. Step out of the car. >> 100%. >> Huh? >> I will 100%. I'm so sorry. >> Okay, let's go out the car. I am >> Charlie. >> Okay. >> Hey, just working. I'm out with my vehicle, too. 107 just showed up. >> Sorry. Um, excuse me. I just >> Okay, get in there. Get me your license. >> I have that in my purse right here. >> All right. >> I'm sorry. I'm a little emotional. I was crying about something. >> Oh, what were you crying about? >> Do you want to know? >> Yeah, that's why I'm asking. Yeah, >> because it's Easter and my boyfriend broke up with me today. Oh, >> I'm sorry to hear that. >> Yeah. Are you sure? >> I am. Do you have your driver's license? >> I do. It's right here in this. >> You asked me to get out of my car and >> I did and now I'm asking you grab your driver's license. >> Yeah. Two different things. >> Yep. Sorry about that. Are you sorry? >> No. >> Wait, >> that's my supervisor. I just need your driver's license, then we can then we can move on. >> Okay. Yeah, 100% you can. >> Okay. >> Perfect. All right. Now, you can step out of the car. >> Thank you. >> Charlie 5, what was the name of the RO? 26. >> Why did you slam it? >> I was just closing it. >> No, you didn't. You slammed it. >> Let's go over here to the sidewalk. >> Okay. >> I just want to get you out of the street. All right. >> Well, actually, you're heading into the street right now, which is >> Well, we've got we've got the street blocked. All right. We're going over here to the sidewalk. >> Thank you. >> Uh-huh. Step up there. All right. Now, I'm Officer Murdoch with the Lantana Police Department. >> I can't understand a word you said. >> I am Officer Murdoch with the Lantana Police Department. You are officer what? I can't understand. >> Murdoch. >> Yes. >> With a little antenna. Police. Officer Murdoch. If if you can't understand me saying it's it's here if you need to be able to read it. Okay. The reason I have you out of your vehicle right now is because I could smell the uh the scent of an alcoholic beverage coming from your coming from your breath when I was talking to you. Okay. All right. With that being said, what I'm going to do now is I'm going to conduct a DUI investigation. >> Okay. >> All right. Because you're obviously operating. Did you ask me if I can have that done? >> If you could have what done? >> Did you ask me if I could have that done? >> Are you asking if I asked your consent to do a DUI investigation? >> I did not because I'm not. >> Here's here's what I'm going to ask. >> But you didn't ask me for that. >> Okay. What I'm asking now? >> What I'm asking >> that person right there? >> Don't worry about him. Look over here at me. What I'm What I'm going to ask you now is >> No. No. Did you I No. Number one, when we were here, did you ask me if I would be able to be >> conducted for that? >> That's what I'm asking now. >> No, you didn't ask that when I first got out of the car. >> Okay. >> And when you asked me for my driver's license, did you ask me for that? You did not ask me. >> Okay. I'm asking you now. Are you willing are you willing? >> No, but you didn't ask me that when I first got out of the call. >> Let me talk for a second. Are you willing to conduct some standardized field sobriety tasks? Yes, but you did not ask me for those things when we first got out of the car. >> Okay, but I'm asking you for them now. >> Do you have that on video? >> Everything's being recorded. I've been I've been I've been live since the moment I made contact with you. >> Okay, but you did not ask me those questions. >> I'm asking you now. Are you willing? >> But you did not ask me that. >> We can talk about that later. Are you >> No. No. We can I'm saying did you ask me that when you first for whatever reason even though there were all these traffic stops happening and there was that did you ask me that >> ma'am I'm going to ask you one more time are you willing to conduct standardized field sobriety tasks >> did you ask me that when you first pulled me out of the car >> you need to understand that if you are not willing to complete these standardized field soiety task you ask me that >> I'm going to have to act off of what I already have on hand which is that I can smell the wrong about all privileges. >> Did you ask me that when we first pulled off? >> If you were not willing to conduct the standardized field soiety test, what I will tell you right now that I'm willing to shoot us and we're going to go to jail unless you're willing to take the standardized field soy task and dispel my belief that you were intoxicated. Are you willing to conduct these tasks or no? >> Did you ask me that before you pulled me? >> Did I ask you to do this before I asked you to step out of the car? No. The answer to your question is no, I didn't. But now I have when you when you stop. >> Ma'am, do you want to continue to tell me how to do my job or do you want to work with me? >> What would be the best way? >> The best thing for you to do right now is to cooperate and complete these standardized field sobriety tasks. They are there for you to be able to dispel my belief that you intoxicated. Because if you can show me that you're not intoxicated, you can drive on home. But if you're not willing to work with me, I have to work I have to go off of what what I've already established, which is I can smell the strong scent of alcoholic beverages coming from you. You've got slurred speech. Okay. You're a little unsteady getting out of the car. With all of that right now, I have the belief that you're intoxicated. Now, I'm going to take you to the jail unless you're wanting to try and dispel my belief that you're intoxicated. So, are you willing to conduct these standardized field sobriety tasks? Yes or no? >> Are you on a camera right now? Officer Murdoch told her she was under a DUI investigation. She had one question. Did you ask me? Not whether she was sober, whether he had asked permission. This is the argument she will ride for the next 20 minutes. That a DUI investigation requires consent to begin. It does not. Under Florida law, an officer needs only reasonable suspicion, not consent to initiate a DUI investigation. Odor of alcohol, slurred speech, unsteady balance. Murdoch had all three before she opened the car door. The investigation was already lawful. The argument she is making does not exist in Florida statutes. She agreed to the field sobriety tests the moment she confirmed the body cam was recording. She did not agree because she was confident she would pass. She agreed because she understood the camera was watching. That distinction will matter. >> This is recording right now. >> Okay. Yes, I would be willing to conduct the test that you >> are requesting. >> Are requesting. Okay. You want to get those? Okay. Let's get those underway then. All right. So, here's what I need you to do. I need you to stand with your feet together, hands down by your side, just like this. Okay. All right. Put your feet completely together. Toes together, too. >> Well, I mean, that's a little tough because Are you in the same outfit? Are you in? >> I'm not in the same outfit. I do have a lot more I have a lot of extra stuff on, though. >> No, this is harder. >> Okay. Would you be more comfortable completing these tasks with your shoes off? I know that those are those are heels. They've got you. >> Absolutely not. Because I am driving in this and that is my >> Okay. If I'm just offering >> I want to ask you if you can do it with this. >> I can do Yep. Exact. I can >> you do it with the heels on? >> I've never worn heels. I don't know. >> Well, that's too bad. >> So, here's what we're going to do. This first task that I'm going to ask you to complete is just a hor horizontal gaze of stagnas. All right. So, what I'm going to do is I need you to see, can you see this red light and the tip of my finger? All right. What I'm going to ask you to do here in a second is I'm going to start moving this light around. All right. I need you to follow with your eyes and your eyes only. Do you understand? Do not move your head. Do you understand? Do you understand? All right. I need a verbal yes or no. Do you understand the task? >> Do you understand the task? I actually can't watch a ver a light anyways. Why >> would you like to ask if I'm if I have spectrum or something like that? >> Okay, you're right. Let's let's ask some questions. What do you What do you do for a living? >> Teach people how to save themselves from drowning. >> Okay. You're like a you're a swim instructor. >> No, like if you died right now in the pool for 23 seconds. >> Mhm. You're a life saving instructor. Okay. Um, have you had any recent head injuries? Any uh >> No. >> No. No recent TBI? No. Um, >> no. >> Concussions? >> No. Like, can you stop touching your leg right now? Or cuz that's a >> Okay, fine. >> That's autism thing. You have >> an autism thing? >> Yeah. >> So, you're saying I have autism? >> No. >> Okay. All right. So, no head injuries. Has a doctor ever told you that you have resting nestagmas or anything wrong with your eyes? resting stagmatism with my eyes. >> Has a doctor ever mentioned that to you before? Have you Have you ever heard the phrase uh nestagmas? >> It's not the right word, honey. I'm so sorry. It's not the right word. >> What's the right word? >> A stigmatism. >> Okay. Okay. >> Okay. So, it's a stigmatism and like >> Do you have a Do you have a stigmatism? >> I do. When when lights go like Yeah. And I wear I have contacts. You have contacts in >> and it bothers me when lights go like that like crazy. >> So you've never heard the word nestagmas. >> It's not a word. >> Okay. Um All right. So >> Okay. But I will definitely lift everything that you're telling me. >> Well then do me a favor. Feet together. Hands down by your side. >> I got it. >> Feet together. Your feet have to be touching. >> They are touching. >> Okay. Hands down by your side. >> I got it. My >> Okay. Stay in that position until I tell you to move. All right. Sorry. So sorry. by your side. No, there you go. Perfect. All right. Now, here in a second, I'm going to start moving the slide around. >> A stigmatism. >> Okay. >> That's what they're giving you. >> Okay. >> It's called a stigmatism. >> Okay. Thank you. So, what I'm going to do is I'm going to move this slide around. I need you to fall with your eyes and your eyes open. >> I'm trying. >> Okay. Don't move your head. You understand? >> It's actually freezing. >> You're cold. >> Okay. We'll try and get this over quick. Okay. >> Yeah. Sigmatism. And you're freaking me out because all of that is like and follow it. >> Okay. I'm so excited that you're great at this, but you're actually not. Like I understand like pupils and stuff like that and you're >> I need you to follow that. >> Okay. Sorry. I know you're following directions. It actually hurts my eye just driving. >> Okay. >> Sorry. I wasn't mean to roll my eyes. >> Do what? Oh, no. You're good. All right. >> I wasn't meaning to roll my eyes at that. It was just like All right. So before we get on to this next task that I'm going to ask you to perform, do you have any issues that would prevent you from walking in a straight line? Any kind of lower uh lower extremity issues? >> Yeah. >> Okay. What issues do you have? >> 100%. Like my back is doesn't even work. >> Okay. Would it prevent you from walking in a straight line? >> Yes. >> Okay. So, are you willing to conduct the walk and turn task or No, >> I don't even know what that is. >> Okay. I can demonstrate to you. All right. >> I'm so tired. It's cold. >> Okay. All right. I'll try and get this over with real quick. Okay. So, what I need you to do is imagine Oh, imagine a straight line from your feet straight forward. Can you imagine that line for me? >> Can you draw it for me? >> Can I draw it for you? >> Yeah. >> Give me just a second. Hey, Sarge. >> Yeah. With like some >> Sarge, do you have any duct tape in your uh car or anything to >> to lay a line? >> Yeah. I need an and can you do that with me and shoes so that I You actually need for you to draw me a straight line. >> You need a straight line draw. >> Okay. Can you >> No, that's not a straight line. >> This This white line on the road is not a straight line. >> I mean, I can do it, but that's not a straight line because my car is right there and that it's on a hill. So, like if you want to talk about a straight line right now, that's not exactly a straight line. >> Would you be willing to use this or would you rather imagine a straight line? I'm trying to give you every opportunity I can right now. >> I understand, sweetheart, but I'm saying if you want to prove something, that's not a straight line. >> Okay. Do you want to use >> because that's not a straight line because there's gravel and there is >> this is a solid white painted straight line. >> That's not a straight line. >> Do you want to do you want to use the Do you want to complete this task or not? >> I want you to prove a straight line. This is a straight line. We can debate. >> I want you to put a chalk. >> I don't have chalk available. I don't have anything available. >> I'll then show me what a straight line is. >> This is a straight line. You can either use it or not. I'm I'm giving you the option to use this line or not. Do you want to complete this task? >> Babe, do you want to prove a straight line or not? >> Do you want to complete this task? >> Because this is the line we're going to use. If you don't want to use this line, then we're not going to complete the task. I'm going to put >> my phone. >> I'm going to put it as a refusal. Uh, then do that and then get a video of >> So, you don't want So, you don't want this line. You don't want to do the walk and turn. >> I'm saying to you, do you want to complete this or not? >> I want to complete this. Do you want to complete this? >> I do. Are you going to tell me I'm going to pass it or not? >> This I need you to use this. >> Just tell me I'm going to pass it. >> I don't know. I need you. It's not a pass or fail, but I need you to come. >> It is a pass or fail. I I'm a scientist and like I'm like, "Okay, >> do you want me I'll get my phone and film it?" >> Ma'am, do you I'm I'm giving you every opportunity I can. You're not going back to your car right now. >> Why? Why can't I go back to my car? Because you're the boss. >> Because right now we're under We're doing an investigation. So, you're not entering your vehicle. >> Okay. >> Do you want to use this line or no? >> Show Give me a Give me a computer that shows me. >> I don't have a computer level. Okay. Let's Let's forget the walking turn. Let's let's forget the wall concern cuz you're not going to comply with that. All right. >> The horizontal gaze nestagmas test. The officer moved a light. She moved her head. She told him he was mispronouncing nestagmas. She is correct. The word is nestagmas. The test still measures involuntary eye movement caused by alcohol. Correcting the officer's vocabulary does not change what the test is looking for. When asked about lower extremity issues that might prevent her from walking a straight line, she said yes, her back does not work. She then agreed to attempt the walk and turn. The officer found a painted white line on the road. She inspected it. She had notes. The line was not straight because there was gravel nearby. The line was not straight because the road was on a hill. She asked for chalk. She asked for a computer level. She told the officer to prove it was a straight line. Officer Murdoch offered every accommodation available to him on a public road at midnight. She declined each one. She also declined the oneleg stand, not by saying no, but by debating every component of the instructions for 10 minutes straight. How many seconds? which foot, whether pointing a toe was physically possible in healed shoes. The officer began recording her as a refusal. She told him she was not refusing, she was asking questions. There is a legal difference between refusing a field sobriety test and asking clarifying questions indefinitely. Courts have consistently found that a subject who makes the test impossible to administer has functionally refused. The debate she was running was its own answer. Officer Murdoch gave her the count. 1 2 3 go. She lifted her foot. She put it down. She said the instructions were not clear. She had already counted to seven before being told to start. Then she said she could not point her toe in the shoe. Then she said she could point her toe. Then she said she was ready. Then she lost count watching a passing train. At this point, officer Murdoch had documented odor of alcohol, slidy balance on exit from the vehicle, refusal to follow HGN instructions, inability to follow walk and turn instructions on a marked line, and failure to complete the oneleg stand after multiple attempts. He had enough. He had enough several minutes ago. She was told to turn around. She said no. She was placed under arrest. She said she did nothing wrong. She was handcuffed on Easter Sunday for driving drunk into a police crash scene and spending 30 minutes explaining why the sobriety tests were poorly designed. Under Florida statute 316.1932, implied person who accepts the privilege of operating a vehicle in Florida is deemed to have consented to a breath test. Refusal is an additional criminal offense. She refused. That refusal is now on the charging document alongside the DUI itself. She was charged with DUI, refusing to submit to a breath test, and refusing to sign the citation. Three charges for a stop that began because she pulled up uninvited to someone else's accident. Up to 6 months in jail, per count. The original charge is a misdemeanor. The refusal compounded. There is no exemption for Easter. Officer Murdoch gets an A. He maintained lawful procedure from first contact to booking. He offered shoe removal, chalk, duct tape, an imaginary line, and 30 seconds of patience for each instruction. Under the standard from Graham versus Connor, his conduct is judged on what he knew in the moment. What he knew. She was impaired. She was on a public road and she had just driven into his crime scene. Every decision holds. She gets a D. She was visibly impaired. She drove to a crash scene. She argued consent law incorrectly. She corrected pronunciation instead of cooperating. She demanded chalk on a public road at midnight. And when told to turn around, she said no. There is a constitutional right to remain silent. She did not use it. There is no constitutional right to redesign a sobriety test. She tried anyway. Lesson from this stop. Field sobriety tests in Florida are voluntary, but declining them is not consequence-free. Under implied consent, breath test refusal is a criminal charge. Disputing the geometry of a road marking does not constitute a legal objection. And if you drove to the scene, the investigation started the moment you arrived. If you want more body cam footage, the moments suspects don't expect to end up on camera, hit subscribe. We post every week. Drop a comment. What do you think the sentence should be? We'll see you in the next one. >> All right. You're under arrest with No. Ma'am, don't don't start this. >> Oh my god. >> Ma'am, don't resist. Just cooperate. >> I I didn't do anything. I did nothing wrong. >> Stay there. >> I did nothing wrong. He just arrested me for nothing. Okay. >> He grabbed my He grabbed my hands for nothing. >> I did nothing wrong. It's >> all being recorded. All I did was stand there and uh put my >> Can I please have my bracelet that was dropped right there? >> Yeah, we'll get you there for you. >> All right. Do you want this jewelry to come with you to the jail or do you want to leave it in your car? >> I What? >> I >> You want to leave it in the car? You want to bring it? >> No, I want my jewelry. >> You want to bring it? >> All right. this. I I don't know where I put I I I didn't do anything to you. >> I didn't do anything. >> Charlie, >> show me one white female 1015. Get a 1070 starter for that 28. I request where you move my purchase, sir. >> This way. This way. This way. This way. >> You didn't make me laugh at all, man. >> I did move. I'm not mad. I'm not a mad person. >> I don't think I still >> just walk. Send her right here. I got to send her before I put her in the car. >> No. Okay, quickly. >> Don't worry. We're going to bring your stuff with you. Okay. Bring your stuff with you. Okay. >> No, I'm not worried. I mean, something purse is right up there. It's going to go with us to the jail. >> I'm sorry that I didn't say whatever you wanted me to say. >> It's not about saying anything. >> Yes, it is. >> Listen, I'll explain it all to you in 3 minutes. All right. Face the vehicle. >> Five. Go ahead. Face the vehicle. >> Face the vehicle. Spread your feet. Spread your feet. All right. Now, do you have are there even any pockets on this dress at all? Ma'am, come over here. Spread your feet. >> I'm sorry. Do I want to get um South Dixie and LA? >> All right. So, um >> no pockets on the dress or anything, right? All right. I'm not going to I'm not going to move it or anything. Do you have anything in your bra? Like cash? Uh, >> anything? >> Okay. I'm going to take these necklaces off of you. Put them in your purse. >> Separate case. >> Ma'am, stop pulling away from me. >> I'm not going to break it if you hold still. >> I I'll take this one off. I'm not going to break it. >> Just don't move. Okay. >> Okay. >> All this. >> These these have to slip off after >> the cuffs are off. >> Can you take it off? >> Yeah. Afterwards. >> Yeah. Can you do it here? >> No, I cannot do it. >> I can get the hair tie. >> It's not the hair tie. Can you? Um I'm not trying to resist at all. >> You're going to have to You're going to have to cut this. Please don't >> hang on. >> No, it's not hanging on. Please don't break it. >> I'm not breaking it. >> Okay. You won't be able to take that one out. That one has >> Hold still. >> I'm not I swear to God, I'm not trying to do anything. >> Just relax for a second. >> Really important to me. Please don't. >> It's right in there. Right in there. >> Yeah. Please don't do that. >> All right. How do these ear ma'am? The earrings have to come out. >> Well, I can't because you're not sh I have I have these things on my arm. >> Please don't break. >> I'm not going to if you'll hold still, I won't break them. >> If if if ma'am, if you hold still, >> please stop. Uh can the officer can this officer help? >> You want this officer to grab him? >> Yeah, because he's >> he is a lot nicer than I am. >> Hold on. Hold on. Hold on. Okay. Okay. Okay. Okay. I promise I won't move. Can you make sure that this one doesn't touch me because I feel really uncomfortable? >> Yeah, you guys can go. >> Thank you. >> I'm really uncomfortable with that officer. >> You uncomfortable with me? >> Um, >> turn around. Turn your face down so I can take the other >> Yeah, I'm really uncomfortable with that officer. Like, >> I apologize. >> No, he's holding me so much. I'm really uncomfortable. I'm not resisting. And anyway, >> when you when you when you do things, uh, make you make Lucas that I'm not assisting. I'm assisting. Okay. >> All right. Hop in. Come on. Have a seat. Just Just have a seat. >> He's pushing me >> because you're not moving. Have a seat. Sit down. >> He's super officially. Okay. >> Okay. I understand what you're saying, sir. >> Okay. Just do what he's saying. >> Yes, ma'am. >> Thank you. >> No problem. I wasn't doing anything. >> Officer, >> thank you. >> I feel very like this is nothing.