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- 2026-10-22 23:32
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At this time, I do believe that your mental faculties are impaired too impaired for you to be driving a vehicle and you are under arrest for DUI. >> Florida statute section 316.193. >> Somebody said that you were sitting at the light for quite some time. Do you know where you are right now? >> Yeah. >> Where you think you're in Wellington right now? >> Well, in Lockahhatche, >> you're in Lockahhatche right now. I'm not sure where, but do you have a driver's license? No. So, you shouldn't be driving cuz I know I'm not supposed to be driving. >> On July 12th, 2025, in Palm City, Florida, a Martin County Sheriff's deputy approached a driver who had been sitting unresponsive at a green light. The driver was arrested and charged with DUI under Florida statute section 316.193 and driving without a valid license. This is that stop. What makes this stop analytically significant is that the DUI charge rested entirely on prescription drug impairment with no alcohol involved. >> Hi, are you okay? >> Okay. Somebody said that you were sitting at the light for quite some time. >> Okay. You don't look fine. Have you been drinking anything today? Would you mind stepping out of the car for me? >> Hello. >> Hi. So, what would make you sit at the light for so long? >> I'm sitting at the light outside. >> So, you weren't at the traffic light. >> I was sitting here. >> How long have you been here? >> Like 5 minutes. >> Okay. Where were you before you came here? >> Where are you coming from? Where am I coming from? >> Yeah, I was just coming from the store. >> Which store? >> You've had absolutely nothing to drink. Have you taken anything? I >> I prescribed that. >> Okay. When's the last time you took that? >> 4 hours. >> Okay. Are you supposed to be driving when you take that? Where are you going to? Where is that? >> Do you know where you are right now? >> Yeah. >> Where? >> You think you're in Wellington right now? >> Well, in Lockahhatche. >> You're in Locka Hatchee right now. I'm not sure where is it. >> So, where were you coming from when you when you left wherever it was to go to your friend's house? Where did you leave? >> I think I'm in lockdown. >> Okay. But where did you leave to go to your friend's house? Were you at home? Were you at another friend's house? Were you at another friend's house? >> Where do they live? >> Off the edge. So, you were leaving Lockxahhatchee to go to Wellington and you got here. Okay. And you think you're still in Lockxahhatchee? >> Okay. Do you have your ID with you? >> Yes, ma'am. >> Can I see it? >> Do you have a driver's license? >> This is an ID card. Do you have a driver's license? No. So, you shouldn't be driving. >> Can you tell me what's going to happen? Cuz I know I'm supposed to be driving. >> Say that again. >> Cuz I know I'm not supposed to be driving. >> Okay. What did you say before that? >> What's going to happen? Well, I'm going to move my car and then um we'll have a talk. >> Is the vehicle registered to you? >> Is there anything illegal in the car that I need to know about? Any marijuana? Nothing. Do you have your prescribed medications on you? Can I see them? Why are the There's no label on here. >> You can call it in. I know, but you can't you can't carry around prescriptions without a label that I can read on them. >> Did you know that? >> But did did you know that though that we have to be able to read every prescription that you carry on you? >> You can't see that? >> No, >> not really. No. So, >> I get 90. >> So, this one is this one is supposed to be yellow, which these ones are yellow, but I don't think the ones that are in here are yellow. I get >> Okay, I'll I'll I'll worry about it. You talk to her. >> I get >> I understand. But these pills in here are supposed to be yellow and they're not. The pills that are in here are supposed to be yellow. I'm going to I'm going to do it and you can talk to her. >> Can you step out with me? >> Yes. I'm going to um I'm going to ask you to perform some tasks cuz I want to make sure that your normal fac. >> I want to make sure that your normal faculties aren't too >> I'm not going to do anything right now. >> What's in your shirt? >> Nothing. There's nothing in my shirt. >> Okay. I want you to walk toward the front of my car. Oh, I don't feel comfortable with what you're talking about. >> Those are my pills. Those are what I take. >> Okay. That has nothing to do with what she's talking about. >> Okay. But that's what I'm talking about. >> Kristen, I need you to walk toward the front of my car. >> This way. >> No, you're talking. >> I said I'm not going to help you. You're going to walk this way. >> So, you're you're going to pull me? >> No, we're going to walk this way. So, you're going to make me >> We're going to walk this way. >> Okay. >> Yes, ma'am. >> So, do you remember where you are right now? >> Yes, ma'am. >> Stop right here. Where are you? >> Where? By West Lake. >> West Lake and what? >> I don't know all the roads. What city are you in? >> By West Lake. Is that a town? >> Yes, ma'am. >> Can you do me a favor? Face me. Stand with your feet together. >> I'm not going to do this. I'm not going to do >> I just want to look at your eyes. >> Okay. >> Okay. Stand with your feet together. >> I'm not going to do this. >> You're not going to let me look at your eyes. >> You can look at my eyes. >> Okay. That's what all I'm asking you to do is stand with your feet together so I can look at your eyes. >> No. Stop. Move your head. Look up here. >> I just want to [ __ ] so bad. >> I'm sorry. What? >> I said y'all just want to >> There's nothing that I'm going wrong. >> Okay. I'm going to ask you do a couple more tests so I can make sure that your normal faculty is on to impair for you to be driving. >> Yes, ma'am. Left foot on the line. >> Your left foot. No, wait. I didn't ask you to start yet. >> I'm fine. >> Put your left foot on the line. >> Do you know your left from your right? >> Which is your left? >> That's my left. >> Okay. Put your left foot on the line and then your right foot in front of your left foot with your heel touching your toe just like this. >> No, I didn't ask you to start yet. >> I don't think I could do that. >> Why not? >> Do you have any recent head injuries? >> I didn't see. >> Okay. You're okay. I I have medication for that. >> Okay, go ahead and put your left foot on the line. >> My head doesn't work that way. >> Your head doesn't Do you know your left foot? >> Where's your left foot? >> Oh, I know my left foot from my right foot. >> Okay. Can you put your left foot on the line? >> Yeah. >> Okay. And then your right foot in front of your left foot and then just stand there without walking yet. No, we're not ready to start yet. Can you go back to the I need to show you how to do it first. >> Okay, watch. Watch what I do and I'm going to explain it to you. You're going to start with your left foot on the line and your right foot. Okay? And you're going to have your right foot in front of your left foot. And when you begin, you're going to take nine steps heel to toe. With each step, you're going to make sure that your heel touches your toe. It's going to look like this. One, two, three. I only went to three. You're going to go all the way to nine. When you get to the ninth step, you're going to leave your left your lead foot on the line and you're going to take a series of small steps and turn around. You're going to take nine steps back. >> One, two, three, all the way to N. >> I'm telling you right now, I don't think I can do that. >> Why not? >> I don't feel good. >> Okay, that's fine. Just go ahead and try it. You have to keep your arms at your side. There you go. >> Do you remember the instructions I gave you? >> What were the instructions I gave you? >> To walk a straight line with my hands, my feet, my hand, my body. Okay. And what were you supposed to do when you got to the end? Huh? >> Do you remember what you were supposed to do when you got to the end of the line? You were supposed to turn around and go back nine steps. With each step, your heel touches your toe. Not using your arms at back for balance. Leaving your arms at your side. >> Oh, leave my arms down. >> Leave your arms down. Make sure your heel touches your toe with each step, counting out loud. >> Do you remember how many steps I asked you to take? >> I took 14. >> How many did I ask you to take? >> I don't know. >> Nine. Does that sound familiar? >> Is that relevant? >> Okay. >> Oh, I'm so not on this right now. >> Okay. Come here. No, don't walk away. Stay right here. >> I'm not I'm not walking away. >> Okay. Well, stand right here. Stand right here. Face me. >> We're going to try something else. >> Keep your feet together, arms at your side. I'm going to have you pick the foot of your choice. You're going to raise your foot 6 in. And you're going to keep your toe parallel to the ground. Are you ready to begin? >> Yes. Okay. >> Okay. Face me. >> Mhm. >> Face me. There you go. Are you ready to begin? >> Go ahead and begin. >> How does it go? >> Just like this. 1,00 1,002 1,003. And keep going until I tell you to stop. >> How long? >> Just until I tell you to stop. >> Looking at your foot, counting out loud. >> That's a long time. >> I I didn't give you a time frame. I just said until I tell you to stop. >> Do you remember the instructions I gave you? >> Yeah. How long did I do it for? >> Well, I haven't told you to stop yet, but you were supposed to look at your foot, count out loud with your arms. How long did I do it for? >> Not long. Okay. But I did it for a while. >> How long is a while? >> How long do you think you did it for? >> You don't You don't know. >> Okay. Go ahead and walk toward the front of my car for me. >> At this time, I do believe that your normal faculties are impaired. Too impaired for you to be driving around vehicle. And you are under arrest for DUI. >> Florida statute section 316.193. Under Florida statute section 316.193, a driver is impaired when any chemical or controlled substance, prescribed or otherwise degrades the normal faculties. Normal faculties under Florida law include the ability to see, hear, walk, judge distances, and make ordinary decisions. A valid prescription does not change that analysis. The statute asks one question. Were the driver's normal faculties impaired at the time of driving? If the medication caused that impairment, the prescription is legally irrelevant. On the stop itself, the initial contact was a welfare check, not a traffic stop. Welfare checks require no reasonable suspicion, but the encounter ripened under Terry versus Ohio 392 US1 1968. Once the deputy observed active impairment indicators, disorientation, inability to identify location, admitted medication use. She had specific and articulable facts supporting an investigative detention for impaired driving. Pennsylvania versus Mims 434US 1061 1977 authorized the exit order without additional justification once the lawful detention was established on the admissions before any custodial status attached. The driver voluntarily stated she had no driver's license and that she knew she was not supposed to be driving. Under Rhode Island versus Inis 446US 291 1980, Miranda applies only to statements obtained through interrogation, not to volunteered speech. Both admissions are fully admissible. Burkimer versus McCarti 468US420 1984 confirms that ordinary traffic stop questioning is not custodial. Where this stop holds is on the totality, disorientation, admitted unlicensed driving, failed SFST exercises, and an unlabeled pill bottle. Where it faces risk is documentation. The Florida 4th District Court of Appeal in State versus Miodor requires standardized administration, on camera demonstration, and documented clues for SFST exercises to be admissible. Those conditions were met here. On the medication, Florida statute section 499.003 requires prescription drugs to be carried in a labeled container. The deputy observed an unlabeled bottle containing pills that did not match the described medication. That mismatch shifts the legal presumption against the possessor. Where the pills inside do not match the prescription, Florida statute section 893.13 creates independent felony exposure separate from the DUI charge entirely. of drill. >> I don't have another. >> Do you have anything on you that's going to stick me cold? Can you hurt me? >> Okay. Do you have anything on you that she may or may not miss? >> No. >> And you bring I have to tell this to everybody. If it goes into the jail and they find it in the jail, >> stop. If it goes into the jail, it's another charge. You understand that? Are you going to say so? >> What's going to happen with my kids? >> What do you mean? Nothing. Where are they? >> What do you mean? >> Where are they? >> What's going to happen? >> Where are they? >> With my mom. >> Okay, then they'll stay with your mom. >> That sounded so funny. >> [ __ ] >> We're not the one that made this decision. Why are you calling us? You made the choice. You got four kids, but you're still out here doing, you know, getting DUIs. >> You search her purse yet? No. >> There's also pill bottles on the back. Can you tell I have my medicine in there? Ma'am, excuse me, ma'am. >> And why did I get pulled over? >> Well, we stopped to make sure that you were okay. >> And why wasn't I okay? >> We were told that you were stopped at a traffic light and stopped at a green light. So, I wanted to make sure you sit and >> stopped at a green light and I wasn't okay. Yeah, that sounds crazy because every time that y'all with me, I'm not doing nothing wrong. First time I was asleep in the back of my car and somebody else was driving me. This time I ain't even going to talk about this one. Y'all crazy as hell. >> At the time of this analysis, the full case outcome was not publicly available. The charges documented on camera were DUI under Florida statute section 316.193 and driving without a valid license under section 322.03. The investigating deputy earns a B+. The SFST battery was administered with on camera demonstration and verbal instruction meeting the Miodor admissibility threshold. The arrest declaration cited the controlling statute by number. Points are withheld because Miranda was not audibly delivered on camera before post arrest processing began and no drug recognition expert was requested on camera. A significant gap in a prescription drug case where blood alcohol will return zero. The driver earns a D. She drove without a license, could not identify her location at multiple points, and produced documented clues across all three standardized field sobriety exercises. Her sole credit is the absence of physical resistance, which kept the encounter from escalating. The Martin County Sheriff's Office earns a Bcurren generation body camera deployment captured a complete evidentiary record. Recognizable protocol was followed throughout the same two documentation gaps. Miranda and drug recognition expert prevent a higher grade at the department level. Lesson one, a prescription is not a defense to a DUI charge. Florida statute section 316.193 reaches any substance that impairs normal faculties. In this stop, admitted medication use 4 hours prior did not prevent arrest. The observable impairment did. Lesson two, prescription medication must remain in its original labeled container at all times when carried outside the home. An unlabeled bottle with non-matching pills does not just raise questions. It creates independent felony exposure under sections 499.003 and 893.13. Lesson three. Volunteered statements made before arrest are admissible in full. The driver said she had no license and knew she should not be driving before any coercive pressure existed. The fifth amendment protects only those who invoke it. Silence must be spoken, not merely held. Lesson four. Officers in prescription drug DUI cases should request a drug recognition expert on camera. When blood alcohol returns zero, the DR evaluation becomes the primary evidence of impairment. Absence of that request creates a defense argument that chemical impairment was never properly established. Lesson five, Miranda must be delivered on camera before any post- arrest questioning begins. Compliance with handcuffing and compliance with answering questions are two different things, and that distinction carries real suppression consequences at trial. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. We read all of them. If there is a body cam interaction or legal question you want covered, let us
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