you want me to help you out no no okay we get your ID yeah OK you want me to look for it what do you need from me your identification OK oh my God um is there something that I did wrong yes ma'am you crashed into a pole oh that's awesome you want me to look for it sure okay no you sure yeah where do you normal up there's your ID right there there it is I'm just gonna pull it out in front of you alright but you just do your thing yes ma'am yes ma'am alright see here's your ID yeah put this back in your purse okay there you go yes ma'am you you sit tight OK don't don't go nowhere oh oh look at that monster it it's gonna be just a moment we're dealing with something OK yeah I just want to ask you a question I'll handle that while you do this oh you got it thanks man we have rap come up here and so it's 3 and 4 rap yeah he's 3 and 4 Tonight should be ma'am where's your keys at fine thanks we're on the far side by pump 4 ma'am what's that I think it's a it's a key FOB push to start oh it's we can't find it I didn't know I just do you want her out of the car yeah I'm grabbing it what's that I'm grabbing it today okay can you tell me what your first name is hey where's your key FOB you know the thing that helps you start the car did you put it in the console in your bag absolutely okay can you guys find it um I was hoping you could can you can you find it for me you can't find it you're in your car ma'am it'd be rude if I reached in can you find it for me don't don't don't don't feel it it's rude oh okay go go in OK hey are you are you hurt by any chance are you OK I think I'm good OK I got you OK what's your name Vivian Miss Vivian OK alright Miss Vivian where do you live around the corner what's your address alright what city is that in um seriously yes you said okay do you know the zip code wow 3 2 7 2 0 okay seriously you're asking me that absolutely ma'am you hit you hit a pole so I'm I'm I just gotta make sure you're okay oh oh I'm great I'm standing I'm standing you want her out OK yeah she told me I can go in and find her key FOB I'm gonna get your phone number you guys are great yes ma'am thank you ma'am hey Happy Thanksgiving y'all same to you the front end of your car is a little that's awesome uh huh yeah let me check out the damage real quick and I'm gonna go get with the store clerk I'll be right back with you and we'll get this wrapped up I'm just don't go nowhere what's gonna happen young lady out front uh crashed into a pole there's no damage to the pole however I'm still gonna do a crash report okay uh who do I put down for contact have a good one tomorrow morning the assistant manager will be in uh huh and her name is Janet hey Wayne never mind hey Wayne I'll be I'll be generous hey Wayne I am a paralegal for who I'll I'll I'll get you guys tomorrow morning that's Sunday you're a paralegal ma'am sure I am alright who do you who do you work with Morrow is that in Orlando it's in Winter Park Winter Park OK yeah hey wait do me a favor just stay 10 8 cause I don't know what to do at the store since there's no damage to the pole they said they don't they're not requesting a crash report do you want a crash report for insurance purposes or you just wanna because it's just single vehicle semi automatic call your insurance company let them know that you bumped into a pole and there's minor damage babe listen um it's corporate my my my my corporate we're gonna go ahead and just do a um injuries playing tomorrow okay so so you we're good you don't need a formal crash report no alright well the crash crash is concluded so Officer Rap is gonna complete a DUI investigation I want him to feel great about his so we're good alright awesome thank you yes ma'am very very much yes ma'am going out of the car just let me know that I'm I'm OK can I go OK not not yet we're gonna complete a DUI investigation OK Miss Miss Viv can you can you step out of the car are you able to step out oh yeah yeah all right ma'am you have the right to remain silent and refuse to answer questions have any trace of mind do you wish to answer questions do you wish to answer questions yeah I have some questions for you sure careful okay where are you coming from today what where are you coming from my my sister's house okay what you do over at your sister's house I hang out at my sister what what where does your sister live right across the way where's the right across the way at there there's no houses over there so where where is your sister's house what where is your sister's house hey do you know her address what's her name 3 7 0 2 0 the street what are you doing right now I'm conducting like she said a DWI investigation conduct what you need to do okay so what's the address of your sister huh what's the address of your sister what is the address of my sister yeah I don't understand I'm trying to figure out where you're coming from I don't understand what that makes sense I'm trying to figure out where you're coming from okay so I am going from a common a common what you're not really making sense to me I'm I'm trying to figure it out what what is it is it that you want to hear from me I explained it three times now so we're going to a home are you going to a home no where my home where do you live what's city Eustis okay um when you were at your sister's house did you have anything to drink there no okay none while you're driving no okay none is that bottle of liquor yours in the car none none are you willing to perform standard field sobriety exercises yes you are absolutely alright about to use this line absolutely are you comfortable in those shoes I am comfortable in these shoes yes do you wear contacts I do can you just stand like this on the side I can't I can't I can't why not but my attorney can 3 of them like my attorney well my attorney will will will will justify okay are you able to stand like this no can't why not cannot so do you not want to do standard physical body exercises or not I mean I don't understand what's what's happening right now so my time I'm going home now one more time do you want to do something I'm going home now I'm going home now right no oh am I is this happening right now you are extremely impaired man yes 23 1 I'm trying to calm them down to get the information it's gonna be in reference to the traffic am I impaired right now you told me well no I'm asking you am I impaired right now I'm asking you no I am asking you sir am I impaired listen to her I am not impaired listen to her hello hi get anything on you guns drugs knives weapons I am not in trouble I am not in trouble I am not in trouble I am not in trouble I am not in trouble I am not in trouble they have a full X ray machine already they have a full X ray machine at the jail we're getting ready to do it let's do it okay I'm gonna search you real quick I don't want to be poked by any needles you got anything hidden on you glad you think that's funny cause I don't cause I'm gonna be mad if I get poked 15 to 64 are you clear from that signal four come on ma'am I I don't know I don't wanna I just listen just wanna make sure you don't have anything tucked in the uh waistband in here I am so where do you go can you spread your feet for me real quick I can thank you so much sure can being cooperative your life 10 4 does it sound like it's escalating to a 33 no no I'm good just confirming you don't have anything on you before you're transported no I don't want you to no no no you okay I'm good yup yup we're good all right he needs to be concerned let's walk over this way sure sure you have someone you want to pick up your vehicle why because you can't leave it here it's not secured why would I have to leave my car because you're not gonna be with the car you're going to Lake County Jail it's very right he needs to be worried about it not me so we're gonna tow it okay that's fine okay that's great yes ma'am we'll let you know where it's towed to okay oh oh oh 15 uses have next rotation route he's he hates me I don't think he hates me he hates me right now he hates me I don't think so hey hey hey let's let's dance hey hey no no no let's let's dance let's dance this way can't wait till my attorney just loves on you guys tomorrow thanks yeah please don't oh put your feet up did you just let that go oh sit in the car wow are you that hurt about it like are you that hurt about it I just locked myself in this is great oh you're so hurt about it can you sit in the car please there we go miss Beth there we go yeah I guess there you go I guess did you like it wait wait wait wait what the other leg did you just like that hurts listen dude there you go rap can you unlock me no haha oh this is not what I had in mind thanks okay alright let's get her let's get her seatbelt on oh man okay miss babe can you uh I was gonna get this little thing right here I can't okay and then let me get this black one right here I know you guys are scared of me scared of you you're a nice lady you are scared of me okay just can you just get that off me man rap you got these on well God damn can you sit back please I can't yes you can no thank you not really oh alright man alright um yeah let's get her purse and all that good stuff I guess this is the scary part right this is the scary part oh okay enjoy good night enjoy good night good night enjoy I'll come for you I will come for you got everything cool we're out of here alright um I don't have my key anymore for the room I was talking about so I don't know if I can get in the DIY room it's got to be somebody at the jail that has a master key I don't know usually they tell me no one knows how to open it baby it hurts me ah Bobby it hurts me oh oh it hurts me hello alright step 1 out it hurts it hurts it hurts it really hurts OK you need to step out or get them off I can't I can't I need to you need to get out then we can take them off but can you take that no step out how do you how do you do it we're gonna go in here oh it hurts it hurts me walk this way it hurts me oh let's go OK oh it hurts me November 18th 2 thousand twenty three Lake County Florida a single vehicle crash at a gas station the driver Vivian A self described paralegal breath alcohol point three three more than four times Florida's legal limit the vehicle entry to locate the key FOB was conducted with Vivian's verbal consent satisfying the Fourth Amendment's consent exception under bumper versus North Carolina one question before reaching in that preserved the entire search Miranda rights were read at 6:52 correctly timed before custodial questioning per Miranda versus Arizona Vivian waved and agreed to answer a viable challenge exists given her visible impairment but the officer's compliance was sound field sobriety exercises are not testimonial under the Fifth Amendment Pennsylvania versus Muniz refusal cannot be compelled but under Florida Statute section 3 16 19 32 that refusal is admissible evidence of impairment Vivian's refusal strengthened the case against her by arrest officers had a crash visible disorientation an open alcohol bottle incoherent responses and FSE refusal that totality clears probable cause under Terry versus Ohio the arrest was legally sound Vivian's handcuff pain complaints invoke a 14th amendment duty of Care city of river versus Massachusetts General Hospital no on camera verification of cuff adjustment was documented that gap is a civil liability exposure Lead Officer B+ Officer rap B Vivian D+ officers handled the crash to DUI transition correctly and maintained proportional force throughout deductions informal on camera commentary and an undocumented response to handcuff complaints Vivian's refusal of FSEs without medical basis eliminated every legal defense available to her lessons from this incident for law enforcement body cameras record everything including casual remarks document handcuff checks document medical complaints every undocumented gap becomes discovery for the public invoking attorney affiliation does not change the outcome of a breath test rights must be clearly and timely invoked not referenced as a threat after arrest the defining lesson a breath alcohol level of point three three is not a legal gray area it is the evidence itself the arrest and conviction were the direct consequence of a decision made before the car left the parking spot let us know if there is an interaction or legal topic you would like us to discuss in the comments below thank you for watching and don't forget to check out our second channel audit the court for more police interaction and courtroom content