My mom my mom got arrested um because she punched someone and >> I just think we're working on 26. >> I'm scared of the Athens police and like I respect you but I think the thing is is like I'm terrified of being pulled over >> with my friend and we were go to Waffle House. It was kind of the same situation. >> Okay. I've always I'm not a super speeder because like I don't have any speeding tickets on my record. >> Mhm. >> Um I'm just slightly >> You've got a heavy foot. >> I'm just Yes, exactly. I'm just slightly a speeder. Um but I don't have any speeding tickets on my record >> and that's on period. >> Okay. >> Um I also think that I am just like I don't know. I just feel like I've just kind of been nice to people and whatever. Like in the two or three times that I've gotten pulled over. >> On April 4th, 2024, a speeding violation escalated into a DUI arrest when the driver refused to stop for emergency lights. What followed demonstrates how constitutional mistakes can turn a traffic ticket into multiple criminal charges. What are you doing? >> Hello. How are you doing? >> What are you doing? Get out of the car. >> Okay, I'll get out. >> No, get out of the car. >> I'm sorry. I was just trying to park. Get out of the car, ma'am. >> Give me Get out of the car. >> No, you're not trying to park. I've been following you everywhere. Turn around. >> Turn. Put your Stop. >> Where are you coming from? Taco Bell. >> Did you not see him behind you from the bullet? >> So, why didn't you stop? >> I'm sorry. >> It just doesn't make any sense. Are you having a medical condition? >> No, I was just trying to park. >> Do you have diabetes? >> You got change on you? >> No. >> No diabetes? >> No. I have some in the car if you do. >> Uh Tyler, >> if it's based on what I'm thinking, go ahead and read. >> Here, I need some chain. Grab me some chain. >> Some what? >> Chain. >> I got some >> chain. Yeah, her wrist are tiny. Her wrist are tiny. >> Listen, >> come back here. >> We're going to have a conversation. Just hold on. >> Okay. >> So, while they're doing that, I'm going to read you your rights. You do have the right to remain silent. Anything you say can will be used against you in the court of law. You have the right You have the right to an attorney. If you cannot afford an attorney, one can be appointed to you at government expenses. >> Understanding these rights, I do want to have a conversation with you. You don't have to answer if you wish to exercise your rights. Okay. Okay, just let me know what to do. Okay. >> The officer immediately handcuffs the subject based on her failure to yield. A separate misdemeanor under state traffic law. Pennsylvania versus Mims gives officers authority to order occupants from vehicles during lawful stops without additional justification. Here's the critical moment. Miranda writes administered after custody but before interrogation exactly as the law requires. The subject makes her first major mistake, waving her Fifth Amendment right to remain silent and answering every question. She admits to speeding, seeing the lights, knowing what they meant, and drinking alcohol, building the prosecution's entire case on camera. >> Well, I'm not going to tell you what to do, but I do want to we do want to have some questions. >> Okay, for sure. >> So, where I answer the questions Taco Bell, >> where were you at before Taco Bell? >> My apartment. >> Okay. Which apartment number do you stand in? >> Okay. >> What were you, I guess, doing tonight before you decided to go? >> I'll for sure answer. >> Okay. >> Um, so what I was doing tonight is I was on the phone with one of my co-workers. >> Mhm. >> Um, and then I decided to go to Taco Bell to get some tacos. >> Okay. >> Yes, ma'am. >> So, why didn't you stop when the blue lights came on? >> Um, I think the reason was because Well, first of all, like I respect y'all and I love y'all. Y'all are all awesome. >> Well, do you know what the blue lights mean? >> Yes, ma'am. >> I Yes, >> I do know what they mean. Yes, ma'am. >> Okay, so why didn't you stop? >> I'm sorry. That was >> That's You just committed a misdemeanor doing that. >> Here's Okay. Can I be honest with you? Am I allowed to speak or No. >> Oh, yeah. You're >> um Is everyone listening or just you? They can just whichever what do you want? >> Everyone can listen for sure. >> Um so the truth is is that um sorry I'm trying not to cry. >> I chased her >> I chased her all the way around this apartment complex. >> My mom my mom got arrested um [laughter] because she punched someone and >> I guess I'm scared of the Athens police and I I respect you. But I think the thing is it's like >> I'm terrified of being pulled over. >> Well, do you know why you were being pulled over? >> 100%. I know 100% why I was being pulled over. It's because I was speeding. And I know I know I was speeding. >> Where's your camera, dog? >> [laughter] >> I'm just absolutely terrified of probably >> okay >> because I gave my mom trauma and I just don't want to be my mom and so I was just scared but I know the right thing to do was to be was to pull over and I was just trying to get home and >> I see something >> I'm sorry. >> How much have you had to drink tonight? >> Not a lot. Do you want the honest truth? >> Mhm. >> I'll be honest with you. A half a bottle of wine. So, like two glasses. >> Okay. What kind of wine was it? >> Um, >> red, white. >> Hold on. I'm trying to think of the brands. It was like cavon sealanc. >> Okay. >> But I also had food, too. So, >> okay. >> Yeah. >> Do you think you're safe to drive right now? >> 100%. But I'm also home right now. >> Okay. So, the only reason you're in the cuffs is cuz you failed to stop for this officer. Okay. >> I'm sorry. >> Would you be okay if I check your eyes? Make sure you are okay. >> Yeah, 100%. 100%. >> Do you want to do that or do you want me to? >> Okay. I'm going to turn these lights off just so that way I can see your eyes. Okay. >> Yeah. Okay. But like why is there like five of y'all? Like I >> You didn't stop. >> Oh, I'm sorry. I just I only needed like two of y'all. But I'm sorry. That's my fault. >> Well, we didn't know who was in the car. >> Oh, I'm sorry. It was just me. >> Okay. >> And my Taco Bell. >> Hey, y'all turn the blue lights off. >> And I'm good. >> Well, you and I can just we can have the conversation >> for sure. >> So, I just want to check your eyes. sure you are okay? >> Yeah. >> I know you said you weren't having a medical condition or anything like that. >> No, but I do have >> Okay. I'm pretty sure I do, too. So, all right. So, what I'm going to have you do, okay, just so that way I can get a fair look at your eyes. Okay. >> For sure. >> Are you okay? We'll take you out of the handcuffs for a second. >> Yeah, >> let's do that. I'm going to take her out of the cuffs for a second. >> I love how nobody heard my speech but you. Well, >> the speech was important. Okay, >> I heard you. We're good. How old are you? >> I am 22. How old are you? >> I don't have to tell you that. I'm asking you a question. >> You are asking me a question, but I'm a very >> You just look really young. >> I'm a masculine woman. [snorts] >> Well, I don't think that's where he's going. >> All right. All right. So, I'm going to take you down. >> It hasn't done me no good. But >> I am 22. And but the thing is is like I do look 18. So like the thing is like 18 19 20 once I look four years younger. >> You do look young. Well, here just just >> 45 I'll be looking 40. >> Hey, praise the Lord. Right. If you'll take a seat right there. Uh that way you can just kind of relax a little bit. >> Where do you want me to take a seat? >> Just on the push period. Slay queen. >> Okay. That make me laugh. Okay. Are those reading glasses or just like decorative glasses? >> They're they're actual glasses because I can't see. >> Okay. So, if you'll do me a favor, can you raise your glasses onto your for like onto your hairline >> like like you're wearing sunglasses or something? >> There you go. Okay. So, I don't need you to be able to see in the sense of reading, but can you see this blue light >> enough to focus? >> Okay. So, that's all I need you to do. Okay. So, I'm going to move it left to right and then up and down. Okay. I'm just looking at your eyes. Make sure you're you're good. You said you're not having a medical condition. I just want to make sure everything's good and that you are okay to drive. Okay. >> So, again, you can see that blue light. >> Okay. Do you have any current head injuries, concussions, anything like that? >> Perfect. Love that. So, I'm going to use this light so I can see your eyes. Okay. But when I move left to right, I only want you moving your eyes. Does that make sense? >> Mhm. >> Okay. You can see the blue light stimulus. Mhm. >> Perfect. >> All right. Try not to move your head. Okay. >> Mhm. >> The officer's patience during her rambling isn't kindness. It's tactics. Impaired people often confess when given space to talk. Probable cause develops through observed violations. Admission to drinking and visible impairment signs under the fourth amendment. Field sobriety tests like the horizontal gaze nestagmas are physical evidence, not testimonial. Fifth amendment protection doesn't apply. The breathalyzer shows.123% 53% over the legal limit of 0.08 under Pers DUI laws. That number alone is a crime regardless of whether she appeared impaired. Birgefield versus North Dakota permits breath tests as searches incident to arrest. Blood tests require stricter standards. What the [ __ ] All right. Just so that way I can see everything the appropriate way. I want you to focus on this. Okay. I'm shaking. It's cold. And we're going to do the same thing in a second. Just up and down. Okay. >> Okay. Okay. When did you drink that wine? >> Like hold on. We know Do we know the time? >> Well, I was going to ask you to look at it or something without looking at your watch, but >> um >> probably like an hour and a half ago. >> Okay. When you How often do you drink? >> This is like It doesn't have to be like exact. It can just be like ballpark. >> This is like me going to therapy right now. Um, >> like once a week, twice a week, once a month. >> An average probably like three times a week. >> Okay. Do you usually drink the red wine? >> I mean, it just depends. I'm 22, so like sometimes it's red, sometimes it's white, sometimes it's going out with my friends. Just depends. >> So, would half a bottle be normal for you or above normal, less than normal? >> I would say a half a bottle is probably normal for me and the average person. >> Okay. All right. So, just based on what I'm seeing in your eyes, I do have a couple concerns. Uh, would you be okay with doing field sorbat so I can kind of get a better idea? >> 100%. >> Perfect. >> Girl, I've been here. I've done that. >> Okay. So, we're >> I live life. I'm 22. >> Perfect. So, if you'll stand right here where my foot is and just face this direction. Okay. >> Okay. >> We're going to use this crack on the road to kind of be your little guidance. Do you want to keep your shoes on or off? Some people like to take them off, but it's up to you. >> I got you. >> Perfect. Okay. >> 100%. So, what we're going to do for this is called the walking turn. So, whenever you get done with your hair, >> whenever you get done with your hair, that's so funny. >> If you'll just use this line as your guidance, okay? I'm going to move your shoes just a little bit so you don't step on them. >> I got you 100%. >> So, whenever I tell you to begin, we're going to take nine heel toe steps forward and then we're going to do a series of small steps to turn back and then do nine steps back to the starting point. Okay? >> For sure. I got you for 100%. >> Perfect. So, what I want you to do is get in the position with your left foot in the back, right foot in front of your left foot, and you're going to be heel to toe with your arms down by your side like mine. Okay? >> Okay. Gotcha. >> So, whenever I tell you to begin again, nine heel to toe steps forward. You're going to do a series of small steps, leaving your lead foot on the ground, returning with nine steps back. And I want you to count out loud. >> Okay. >> Okay. >> So, nine steps there, nine steps back. Count out loud. >> I'm going to demonstrate for you. Okay. >> Got you. Got you. Got you. So, whenever you're ready, >> going to start one, two, three, and so on until you get to nine. >> I got you. >> Leaving that lead foot on the ground, you're going to do a series of small steps to turn back around and then do nine steps. One, two, three, until you get to nine. >> Period. Queen slay. And I'm going to slay. >> Perfect. So, based on that, do you understand what I explained to you? >> 100%. >> Okay. Before we begin, do you have any current leg injuries, sprained ankles, knee problems? >> Not that I know of. Girl, today was leg day. >> Perfect. Okay. So, whenever you're ready, you can begin. Okay. >> Okay. I got you. >> Turn around. That was nine. >> Mhm. >> Okay. Sorry. You wanted me to count out loud. 1 2 3 4 5 6 7 8 9. >> Okay. >> Period. And I slay. >> So for this last portion, what we're going to do is I want you to pick one leg of your choosing. I'm going to demonstrate using my left leg, but you can choose whichever one you want. You're going to leave that leg on the ground and then you're going to pick up the opposite leg. I'll do it in front of you so you can see. So I'm going to leave my left leg on the ground. You're going to pick up the opposite leg approximately six inches from the ground like so. Toe pointed forward, arms down by your side. The bottom of your foot is going to be parallel to the ground like this. And I want you to count out loud. 100 1,002 1003 and so on until I tell you to stop. >> Okay? Is it the dominant leg or the non-dominant leg? >> Whichever you want. >> Okay? >> You can choose whichever. >> Do you want me to count or you to count? >> So, you're going to count out loud the 1,00 1, 1,00 2, 1,00 3, and so on until I tell you to stop. >> Okay? Period. >> Do you understand that so far? >> Yeah. >> Okay. Nothing that's going to prevent you from being able to do that? >> I hope. Like no leg injuries? >> No. >> Okay, you can begin whenever you're ready. >> Okay, I'm ready. >> Did we start the timer? >> Oh, yeah. I started when you said you were ready. >> Period. >> So, we'll start over just so that way we can give the benefit of the doubt. Okay. So, put your foot down for me. We're going to start over. So, I'm going to tell you to begin. Ready, go. Okay, you can stop. >> Period. I was a cheerleader. I got that [ __ ] >> You have really good balance with that. >> Period. >> All right, so go ahead and put your hands down behind your back right now. You are being placed under arrest for driving under the influence. Do you have any questions for me? >> Yes, I do. >> Go ahead. What class you do? >> I didn't do a breathalyzer, so I don't think this is appropriate for now. >> So, we're not at that point. Okay. Period. >> So, right now, you're just being placed under arrest for driving under the influence based on the driving mechanisms that this officer observed and based on what I observed by looking at your eyes and the performance of all of that. So, I do have to read you this. >> Mhm. >> And you can say yes or no, but I just need a yes or no answer. Okay. Do you have your ID on you? >> I am. >> Okay. Is she 21? >> I'm 22. >> I know that's what you're saying, but I just got to verify before I read you the cuz it's based on your age. I got you. But I have nobody to like take me from the police office station. >> When's your birthday? What year? >> Uh 2022. >> Your birthday's in 2022? >> Mhm. >> Okay. You're born in 2022? >> Yes, ma'am. >> You're 2 years old. >> You said you were born in 2022. >> In 2002. >> Okay. [snorts] >> But guys, I have nobody to take me from the um >> Well, let me let me just read you this. So, if y'all could just help me out here, that would be great. >> Let me just read you this first, okay, before we do anything else. So, the state of Georgia has conditioned your privilege to drive upon the highways of the state upon your submission to state of managed chemical test of your blood, breath, urine, or other bodily substances for the purpose of determining if you're under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of the state will be suspended for a minimum period of 1 year. Your refusal to submit to blood or urine testing may be offered into evidence against you at trial. If you submit to testing and the results indicate alcohol concentration of 0.08 08 gram or more. Your Georgia driver's license or privilege to drive on the highways of the state may be suspended for a minimum period of 1 year. After first submitting to the requested state test, you are entitled to additional chemical test of your blood, breath, urine, or other bodily substances at your own expense from qualified personnel of your own choosing. Will you submit to the state administer chemical test of your breath? >> That's the question. >> Mhm. >> What's the percent? >> What percent? The question is, will you submit to the state administer chemical test of your breath? >> Yeah, I mean like I have nobody to take me from the police office. So, >> okay, >> that's just all I have to say. My apartment's right here. >> So, is the answer yes, you'll do the breathalyzer or no, you don't want to do the breathalyzer? >> I mean, I guess the answer is sure, but I'm still scared because >> I just have a yes or no. >> I guess yes. >> Yes. >> But I have nobody to take me from the office if I go. >> Well, we'll drive you over there. >> Well, nobody I have nobody to release me. Does that make sense? >> That's something I figure out on your own. That's not that's not a me problem right now. Right now, you're driving under the influence. So, this is just a consequence of your action. Okay. >> Okay. >> So, we'll transport you over there to do the breathalyzer and then from there, we'll figure out the next step. Okay. >> Are you going to hold my phone? >> Do you want me to take it with you? Do you want to take it with you or put in your car? >> Um, I guess. Are you going to take it? >> I'll put it in the property bag. Yeah. >> Okay. Can I bring my water bottle? Can't bring liquids, but I can bring your keys, your phone, wallet, anything like that. >> Okay. >> Damn, that sucks. >> Here. Stay over here. Water bottle. >> Stay over here. What do you want to What do you want us to get from the car to take with you? I assume your keys. >> Yeah, you just get my keys. They have like the um thing with the um the keys have a thing with the poppers on it. Like >> the thing with the poppers. Okay. Like the the stress poppers. >> Yeah. Like for like ADHD. >> Yeah. Yeah. All right. So, let's walk over here. It's a little chilly. I'm going to get you in the cars. >> Nice way. But like for real, I have nobody to take me from the police station. I don't have any family. >> All right. Well, take it. See? Right here. >> The keys with the popper on it. >> The key. >> You want your wallet? >> I don't I don't have a wallet that I currently need. So, can you just lock the car, please? >> So, we'll just get your phone and your keys. So, if you'll take >> the lock button on the top, >> actually. Do you have a bra on, babe? >> These are just questions I have to ask you. I have like a workout top on. >> Okay. So, before I put you in, I got to make sure you don't have any weapons or anything concealed. So, let's step over here and get some privacy. >> Here, if you'll face stand right here and face me. You said it's a workout top. >> Yeah, it's a workout top. So, I guess my question is why do I have to do the breathalyzer at the police station? Why can't I do it here? >> I don't cuz we don't care in our cars. >> Okay. >> Yeah. So, if you'll face me right here. Okay. What's this? Nothing. You going to further doubt that you don't have any knives hidden in your >> No, >> bra. Okay. >> Will y'all text me back if I pass the breastilizer? >> Man, it really sucks that I can't bring my water bottle. >> I know. >> [ __ ] >> So, take a seat right here and we'll get you in there. >> Okay. Period. >> Yeah. Just right there. >> Did y'all search the car for a chalk cut? >> No. Okay. You want the seat belt on? >> Um, yeah. Thank you very um >> like I was saying, I was in the Taco Bell line for an hour. >> I got >> So, it was like 30 minutes to an hour before I even entered the Taco Bell line. >> I gota Yeah. >> You want to take a seat there for me and then I got you, girl. Yeah. Just sit down right there for him. >> It completely just fell off the printer. >> Um, you have my phone and the other dude has my keys, correct? >> So, all of that is in my car. >> Okay, gotcha. >> So, in just a minute, I'm going to put this on the tube. And then whenever I how have you come in there, you're going to put your mouth on this piece >> and put it around like it's a balloon, like you're blowing it up. >> And I want you to take a deep breath in. And then you're going to blow as long as you can in this. >> Okay. >> It's going to have like a really annoying beeping noise. >> You want that to go as long as possible cuz the bigger the breath sample, the more benefit it gives you. >> Okay. So, as long as I can. >> Yeah. >> Okay. >> And if if it's to the point where you don't feel like you can anymore, I'll let you know if that's if it's enough or if we got to keep going. >> Okay. Got you. I did this before when I was 19. >> The breathalyzer? >> Yeah. They didn't arrest me, though. >> Where was it? >> You know where Ringle, Georgia is? >> I do. All right. Go and step in here. >> That's where I'm from. >> Okay. All right. If you'll take a deep breath and blow. >> Okay. >> Take a deep breath. Put your mouth on it. All right. Keep blowing. Keep blowing. Blow. Blow. Blow. Blow. Blow. Blow. Blow. Blow. Keep going. Keep going. Keep going. A little bit more. That's good. >> Okay. That's that's that's really a bonus I could have done. >> It's a lot. >> It's a lot. Yeah. If >> you want to take a seat back, we'll do it again in about 5 minutes. >> Oh, yeah. Cuz you said you have to >> Mhm. >> Yeah. So, this is like your recovery >> state so that way you can kind of catch your breath again cuz it it can be a lot. I'm content with the fact that there's probably a lot worse situations. >> So you said when you're 19 and wringled. >> Mhm. >> Yeah. >> What was that about? >> Um I mean like I had a few shots of Pink Whitney >> with my friend and we were go to Waffle House. It was kind of the same situation. >> Okay. I've always I'm not a super speeder because like I don't have any speeding tickets on my record. >> Um I'm just slightly >> He's got a heavy foot. >> I'm just Yes, exactly. I'm just slightly a speeder. Um but I don't have any speeding tickets on my record >> and that's on period. >> Okay. >> Um I also think that I am just like I don't know. I just feel like I've just kind of been nice to people and whatever like in the two or three times that I've gotten pulled over. >> You've been very nice to me. >> Yeah. Um I don't know. I try, but like I'm not like a big crier. Like some people are like, "Oh, I cry when police pull me over, so therefore I don't get speedy tickets." I can't cry. Um so the truth is is that um Sorry, I'm trying not to cry. Wait, y'all have a pull-up machine? Period. I went to the gym today. I s >> I did >> quads >> and hamstrings kind of. >> Today was leg day, but actually I like arm day better. >> Back is fun, but arms are more fun for me at least. Period. legs. I just feel like I just have to eat so much more and I have to have so much energy for legs and I just can't. >> All right, go ahead and step in here, man. >> That's not funny. Oh, he's laughing at somebody else. >> All right, take a deep breath. All right, blow, blow, blow, blow, blow. Just like you did a minute ago. Keep going. Keep going. Keep going. A little bit more. Perfect. All right, come take a seat again. >> Okay, so it just needs to take a minute and then it'll be ready. Yeah, probably about 90 seconds. >> It's literally just like >> No, cuz I didn't get to eat my Taco Bell before I came. >> No, it does suck. Actually, >> that's what I'm saying. >> That's what I'm saying, too. >> I was trying to make friends with the other police officer. He did not want to be my friend. Oh my god. >> He's a boy. Boys aren't very friendly. >> No, for real. I was just trying to be his friend, >> especially the guys in bright yellow. I mean, I understand cuz he's a police officer and I'm not, but he was like I asked him how old he was and he was like, he just couldn't tell me, you know? >> I was like, "Okay, >> so you're going to get a copy of this. I'm going to go over it with you in just a second." Okay. >> Okay. >> I really wish I could do a pull-up on y'all's pull-up bar, but I can't. >> I'm strong AF. >> Doing better than me. I can't do pull-ups. >> I can do a chin up, but not really a pull-up. A chin-up is like forward and a pull-up is like out, if that makes sense. >> It does. All right. So, we took two samples and you blew the exact same for both. So, there's not a lower number really. So, the legal limit is 0.08 and you did a one, two, three for both. >> Mhm. >> Okay. So, you're a little over the almost I'd say one and a half over the legal limit. Okay. >> So, I'm gonna give you a copy. I'm gonna give you this one. >> It's going to go in your property. >> Okay. >> And then the rest are for me to keep. Okay. >> Okay. >> So, what we'll do is we'll go ahead and walk back to the car and then get the processor so you can go ahead and get booked out to go home. All right. If you just want to walk straight to that door and I'll open it for you. Officer Tyler earns an A minus. Textbook Miranda administration professional deescalation. Thorough DUI investigation. The only deduction allowing the pursuit to continue around the apartment complex created unnecessary risk. The subject gets a C+ cooperative after arrest, but her decisions driving drunk and waving her rights were catastrophic. At.123 BAC, she endangered everyone on the road. Then she gave police a complete video confession. One sentence would have protected her. I'm invoking my right to remain silent and I want an attorney. Key takeaways. Never drive impaired. Stop immediately for emergency lights. Failure to yield is a separate charge. Understand Miranda. You can remain silent. You can request a lawyer. Use these rights. They exist for a reason. Field sobriety tests are voluntary in most states. politely decline. Breathalyzer refusal triggers automatic license suspension. >> So, is that bad or so you are the legal limit? >> It's what are you saying? >> So, 0.08 is a legal limit. >> Okay. >> So, >> 45 I'll be looking 40. >> Hey, praise the Lord. Right. >> Period. >> She plead guilty to DUI, alcohol, DUI per se, and speeding. Failure to yield was dismissed in the plea deal. Her video confession, breathalyzer results, and the officer's testimony made conviction inevitable. Drop your thoughts in the comments. What would you have done differently? Thanks for watching. Check out Audit the Court for more police interactions and courtroom breakdowns.