All right, Rachel. Can you take your seat belt off from the rear of your car once you chat with Just back here, ma'am. So, the reason I had you can face me. The reason I actually had a vehicle is based on the totality of circumstances I'm going to do a DUI investigation. Do you participate in some standardized field sobriety evaluations? I'm trying to give you an opportunity to dispel my suspicions that you're impaired to such a point where you can't legally and safely operate a motor vehicle. I'm asking that you voluntarily participate in some standardized field sobriety evaluations. But, you're shaking your head no. I'm just shaking my head no because I think it's ridiculous, but whatever. It's up to you. I can't I can't force you to participate, but if you refuse to participate, my decision to arrest you for a DUI charge will be based on my observations up to this point. Your refusal could be used against you in any criminal proceeding. Do you want to participate? I'll participate. Okay. I have some questions for you before we do anything. Are you sick or injured? I'm sorry, what? Are you sick or injured? I'm not sick or injured. Do you have any physical limitations? Do you take any medications or drugs for that? I do not, but I could if I wanted to. Any Any other physical limitations? No. Okay. Um have you suffered any recent head trauma and been hospitalized? >> No. Okay. Are you diabetic or epileptic? >> No. Okay. Um I noticed you're not wearing eyeglasses. Do you wear contacts? >> No. Do you see out of both your eyes? >> Yes. So, I'm just going to have you stand here, bring your feet together, heels and toes touching just like my feet are doing. All right. Hands to your side. Do you see the top of my pen? Do you see my pen? Okay, what color is my light? Red. What I'd like for you to do is to stand still. Don't move your head. I'm going to move my pen left and right. You follow the tip of my pen with your eyes and your eyes only. Do you understand? Yes. Pupils are equal. No resting nystagmus. I'm going to move my pen left. Follow the pen with your eyes, okay? Move your eyes. Follow the Follow the pen with your eyes. You're not moving your eyes. You've got to follow the pen with your eyes. Don't move your head, just move your eyes. You're not following the pen. Do you want to participate? Yes. Okay. I'm trying to give you an opportunity to participate in the standardized field sobriety evaluations. All I need you to do is to follow the tip of my pen with your eyes and your eyes only. Do you understand? Yes. Follow my pen. Okay, you're not following the pen. I don't I don't understand you. Are you unable to? I don't know what you're asking. >> I'm moving my pen and I'm just asking that you track the tip of my pen with your eyes, okay? But, you got to move your eyes as I move my pen, okay? That's all right. That's all I'm wanting you to do, okay? Just track a stimulus like the tip of my pen or a flashlight with your eyes. I'm wanting I'm wanting to see how your eyes are acting. Okay? It's very important. We use our eyes when we operate a motor vehicle and this is one of the most important evaluations that we can conduct. Okay? Okay. All right. Just All you're doing is moving your eyes left and right with my pen. That's all you're doing, okay? Okay. Are you looking at my pen? Are you looking past my pen? Are you looking at my partner? No, I'm looking at the pen. Focus on the pen here you go. So, here just I'm going to wait for this car to pass before we get into the We do three evaluations, okay? So, for this next evaluation I'm going to place you in the starting position at one end of the line here. And then I'm going to have you hold that position so I can give you the instructions I'm going to demonstrate. Ultimately, you're going to walk down the line, turn around, and walk back, okay? But, don't actually start the evaluation until I tell you to begin. Do you understand, ma'am? Yes. Okay. So, come on over here. I'm going to have you face my vehicle. Face down the line, okay? Take a couple steps back and put your left foot on the line. Take your right foot, put it in front of left heel touching toe, and rest your hands to your side just like so. I need you to bring your right foot onto the line so that your right heel is touching your left toe. All right. When I tell you to begin, I want you to look down at your feet and I want you to count out loud. You're going to take nine steps down the line, turn around, and take nine steps back. It'll look just like this. 1 2 3 4 5 all the way to 9. On your last step, keep your front foot on the line. Back foot, you take a series of small steps to turn yourself around. And then once you turn around, take nine steps back down the line in the same fashion. So, 1 2 3 4 5 all the way to 9. Be sure to look down at your feet and count your steps out loud. Don't stomp or pause until you've completed the entirety of the evaluation. Do you understand the instructions? I do. It's also 70° outside. I understand. Whenever you're ready, you may begin. 1 2 3 4 5 6 7 8 9 10 11 12 Go ahead and complete it. Whenever you're ready. Complete what? The last set of nine steps. You take nine steps down, turn around, and take nine steps back. So, you take nine steps back down to where you were just now. Okay. Um I'm going to have you come down this way just a little bit. Um take a step back. I'm going to have you stand right here, please. All right. So, bring your feet together and rest your hands to your side. Okay. When I tell you to, I'm going to give you the choice. You're going to raise your left foot or your right foot 6 in off the ground. It'll look just like this. Okay? Both legs are raised. Your raised foot is pointed so that the bottom of your foot is parallel to the ground. You're going to look down at your raised foot and count out loud by thousands. 1,000 1,000 2,000 3,000 4,000 5. Just continue counting until I instruct you to stop. You want to avoid hopping, swinging, using your arms for balance, or putting your foot down. Now, incidentally, do you >> Officer, may I use the restroom? Yes, ma'am. I need to use the restroom. Okay. That's the position you were just in, ma'am. I know. Um we're almost done. We are almost I'm very close to home. Yeah, we can't let you go home right now. I understand. I'm in an investigation. Under criminal investigation for what? DUI. DUI what? What? DUI. What do you mean DUI? I don't understand you. What I mean is I don't understand what you're asking. I do. I'd love to answer your question, address your concern. I I literally don't understand what you're asking. >> But, you don't. Can you ask it Can you ask me again? I already did. I'll continue with the instructions. It's 65° outside, so I'm going to put my flashers on and I'm going to drive home. Okay. You're refusing to continue to participate in the standardized field sobriety evaluations. I've done a great job. That's not what I asked. May I ask this again? And I And I will remind you if you refuse to participate in furthering my decision to arrest you. Okay? >> refusing anything. So, you're willing to participate in the one-leg-stand evaluation. It's 9:20 at night. Okay. I've participated in everything you've asked. But, you're stopping me as I'm providing the instructions for the third evaluation. I'm stopping you because it's 60° outside. It's actually -21 in Iowa from where I'm from. Well, I'm from Cape Coral. I grew up in this exact same district that I'm representing. Right. Okay. So, what is it that you're asking me? Because right now I'm not asking you for anything. Okay. Well, I'm going to ask you >> I am actually leaving because you have done nothing. Okay. Put your hands behind your back. Place your hands together like the frames. Based on my observations up to this point leads me to believe that you're impaired and unable to safely operate a motor vehicle. As such, I'm placing you under arrest for DUI. Come on over here, face my vehicle, please. Do you have any slides or something other than heels that I can grab from your car for you? I don't want to ruin my heels. Okay. Come on over here, come on over here, please. Stand up for a 2 2. 215 white female for signal 1. You are under arrest for DUI. Are you willing to provide a sample of your breath for the testing of its alcohol? Do you understand the consequences if you refuse and the legal consequences to you for refusing? I have participated. Do you have anything to Okay. Well, let's uh Let's take a side step here. Do you have anything on you you're not supposed to have? Do you have any guns, knives, weapons, any contraband? No, I do not. She does not, but I'm going to ask you anyways because you're going to be going to control facility to finally just have something on you. So, it's two felony charges as opposed to one if you had like drugs or something in your possession. Why would I have that? I don't know. I've never met you before. My daughter is calling. I'm sorry. I'm sorry. I mean that. She's 15 and she's calling me. Who is she? Is she home alone? Yes. Okay. I'm going to take your right hand out and I'm going to have you take your watch off. I'll let you talk to your daughter for a moment let her know that you're going to be in jail for the night. Okay? I shouldn't be in jail for the night because I shouldn't be treated Look. She's 15, so she can take care of herself. She's in high school this month. >> She shouldn't take care of herself, but yes, I should >> member or something? >> I have my husband who is right up the road. Okay, so she's he's home as well. Okay. >> Well, he should be. Okay. I'm going to take this hand out. We're going to take We're going to take this watch off. Keep your hands behind you. He was uh going to call. I was telling him to come to the jail. Come on over here. Just watch your step. I'm going to go back here. I'm going to have you go and sit in the back of my car. Watch your step. Come on in here. Watch your step. I'm going to call for the tow. All right. Cape Coral City Councilwoman Rachel Caddock was arrested and charged with DUI.