Head injury, doesn't know anything. Put your feet in the car. >> Can I know? >> Know what? >> Know when I call my dad? >> Not right now. Put your feet in the car. Cuz you're under arrest. Put your feet in the >> Why? >> Ma'am. >> For what? For what? >> For DUI. Okay, so one beer and what was the other one? >> A drink. Like a alcoholic beverage. >> Like a what? A screwdriver, a pina colada, margarita. >> Uh it was like a tequila something, like a tequila pineapple. >> Tequila pineapple? >> Yeah. >> Okay, write all this down. Okay. On a scale of 1 to 10, 10 being the most impaired, intoxicated you've been in your entire life, and 1 being completely sober, where would you rate yourself at right now? >> Um I would like a lawyer right now. >> Okay. So all you should do is look at this pen and don't move your head. I'm going to check your eyes. Okay? Are you willing to Are you willing to do that? Okay, are you willing to do that? Can I check your eyes real quick? >> No, thanks. >> No? Okay. Stand up for me. >> Okay. >> All right. How do you feel? >> Good. >> Feel okay? >> Mhm. >> Okay. All right. Put your hands behind your back. >> Why? >> Here you go. Put your hands together. Put your hands together. >> Look, I'm trying to tell you. I just want to >> Like that. Okay. >> you're under arrest for suspicion of DUI. You got a light on? >> Yeah. >> Yeah. Okay. Walk over here. All right. Step over here. Face my car. All right. Spread your feet. Anything in your pockets? >> I would like to call my father if that's okay. >> You can do that after you go to jail. >> I would like to call them right now. >> Can't do that. >> Okay. Why not? >> Cuz you're under arrest right now. >> For what? >> For suspicion of DUI. >> What? >> All right. >> For what? What am I under arrest for? What am I under arrest for? >> Okay. For DUI. I just told you that. >> For Wait. Wait. >> All right. >> Over here. Relax. All the way in. Put your feet in the car. >> Can I know? >> Know what? >> Know can I call my dad? >> Not right now. Get in the car. You're under arrest. Get in the car. >> Why? >> Ma'am. >> For what? >> For what? For DUI. >> How do you know? >> Put your feet in the car. >> I I want to know. >> I just told you. Put your feet in the car. >> For what though? >> DUI. Put your feet in the car. >> How do you know? >> Ma'am, put your feet in the car. Put your feet in the car. >> But how do you know? >> Ma'am, I'm not going to tell you again. >> Why are you pushing me? >> Cuz put your feet in the car. >> I I would like to know. >> Where's your car? >> But I would I would like to know. Did you guys do the a street test or >> Put your feet back out if you have to. >> a street test >> All right, hey. Don't worry about now. Just put her in there. >> I'm not trying to be rude. I just would like a street test or something. I don't want to do this. >> Have a seat. Have a seat. >> Can I have a >> Ma'am, have a seat. >> Can I have a test? >> Have a seat. >> Can I have something? Can somebody come >> And now the words become official. She's under arrest for suspected DUI. Notice what happens next. The officers aren't debating guilt or innocence with her. They're moving through procedure, securing her, documenting the situation, and preparing for the next investigative steps. The evidence, not an argument on the roadside, is ultimately what will matter in court. >> Call an ambulance, please. >> Okay, get in the Drag her back. >> Let me go. >> She's not going to She's fine. >> Yeah, we need a kit. >> No, we I'm going to go to the station and see if she can breathe and do all that. Then I'll take her to the hospital, get some blood work. >> Need to search one of them. >> Okay. >> Yeah, I'll appreciate that right now. >> Would you? While I While I get all the other paperwork done? >> Yeah. >> It'll literally take me >> I mean, can you get someone to sign it? >> Yeah. >> The officers discuss how Jaime Komaroski has bloodshot, glassy eyes, and she's admitted to having two drinks in the last hour. The scene is horrific. It has to be documented properly. Sam will not survive. The time comes to take Jaime Komaroski to the police station. >> Just have a seat real quick, and we'll >> No, I won't I I won't I won't >> Have a seat. >> Why would you >> Right now, we're waiting for my sergeant to get here, and then we're going to go through some stuff. >> Call an ambulance, or somebody. I want to call my dad. >> All right, it's not going to happen right now. >> Why? >> Like I said, we're we're going to wait. >> Why can't I call my dad right now? Why not? I would like the right to call my father. >> That is >> So, can I please call him right now? >> No. >> Why? Why not? I want the right to call my dad right now. I want the right >> to like I said, we're going to wait. >> Well, I would like the right to call my father right now. >> gets here and call him later. >> Well, I would like to do it right now. Do I not have that right? >> No, you do not. >> Why? >> It's not a law that you have to sit there and have a phone call right now. >> I would like to call my dad right now. >> No, unfortunately it's not going to happen. >> Why? >> They've already explained it to you. Like I said, right now we're going to wait. Sorry's going to get here and we're going to go through some things. >> I would like to call someone right now. >> Okay, would you sit and wait and we'll for right now. >> Why can I not call someone right now? >> Cuz we don't have a phone for you. >> Can you contact someone? >> I'm not going to contact anybody. >> Why? >> I already explained it to you. >> I would love to if I could contact my father right now, that would be great. So, can I please contact my dad, please? Why? >> I already explained it to you. >> Uh you clearly have the ability to let me contact my father. So, why are you not letting me? >> Because you right now we're waiting. >> Waiting for what? >> I already explained it to you. >> So, can I contact my father? Why? >> Because we've already I've already explained it to >> For what reason? Now? >> You're under arrest. >> So, can I Can I call my dad? >> No. >> Why? >> Because. >> Because >> Call him later. >> Why can't I call him right now? >> Because. >> Because why? >> It's not a right. >> Uh what? >> It's not a right that you >> Call my own father? >> As of right now. >> That's not a right? >> You're not guaranteed a a phone call while in custody. That is a preconceived notion for television. >> For television? >> Yes, it's not the law. >> Oh, so we're on TV now? >> No, but we are being recorded. >> So, I can't call my dad? >> No. >> So, I have no rights? >> No, you have rights. You just cannot call. 3310 session. >> Why do you ask if I have my rights to call my dad? >> You can when it gets here. >> No, I'm pretty sure he's going to say that I can call him right now. >> We can sit there when it gets here. >> Yeah, okay. Well, guess what? Why don't you learn uh my rights? And my rights are that I can call my dad. >> Okay. You can Like I said, you can ask him when it gets here. He'll tell you the exact same thing. >> He'll tell you the exact same thing. >> know? >> He'll tell you the exact same thing. >> Do you not know? >> You're not going to call your dad. >> Jamie Komoroski really, really, really wants to talk to daddy. It's he who she calls when she gets into trouble all of the time. Is this a sign? Cops tell her, "No, you're not calling your dad." And there is no sympathy for her during this booking process. >> Is there any way that you guys could explain to me what's happening or >> So, I'm going to take you to Charleston County. They have a BA room that looks like this. Because this box is not working properly. So, we're going to take you to one that is working properly. >> Okay. >> Okay. >> Um what does that box do? >> It provides a breath sample to see what the alcohol levels Pretty much without getting super in detail of how it works and all that, that's generally what what it is. All right? >> just go? >> Uh unfortunately, you cannot go at this time. We got to wait for the judge anyway. Everything is on that warrant, so >> Um I'm going to call, um, there's another DRE too, so we can do a a dual eval. >> Okay. >> Um, and then we'll >> What if I just refuse it? >> At this point, you cannot refuse. >> Why? >> Because it's the law. So, we suspect >> I can refuse. >> You cannot. At this >> No, I know that I can. >> You cannot. You must provide >> my dad? >> You cannot call anyone at >> Why can I call my dad? >> So, we're going to go upstairs where we're going >> But, I'm just confused because everybody keeps saying I can't call my dad. I can call my dad. >> You're under arrest and you are over the age of 18. You are not required to give a phone call until you're at the jail and booked in. You understand that? >> So, there's >> You're not a minor. We're not required to call your parents. You're an adult. You're an adult. >> to be moved to a different location to get my >> in custody of the Fallbrook Sheriff's Police Department. So, you are required to go where they advise you to go to. >> This phone call argument becomes one of the most repetitive moments in the entire encounter. But, there's an important distinction viewers should understand. Being arrested does not automatically mean you have an immediate constitutional right to call any person you choose at any moment. Rules governing access to a phone, counsel, and outside communication can depend on the jurisdiction and stage of custody. The real legal question isn't simply, can she call her dad? It's what rights and procedures apply at this specific point. >> All right? Good. I'm going to call the other one and then we'll probably >> So, there's no way that I can just get like >> Just hang tight. It's going to be a little bit. A judge is on the way to sign some paperwork. >> I'll call the other one and then, um, whenever we get >> I just want to like get it over with and go home. >> Right now, we're going to Just hang tight. >> I can't call my dad? >> Not right now. You can, but not now. Once I get you down to the jail and booked in, then you can call your dad. >> Can I just call him? >> No. You cannot. >> But what do I do? Nobody has any proof of anything that I did. >> Okay. >> So, give me the right to call my dad. Nobody has the right to deny that from me, right? >> Can you just hang in here for a bit? Just hang there, okay? >> But you Nobody proved anything. So, give me the right to call my dad. Nobody proved anything. Nobody proved anything, so give me a phone so I can call my dad, please, right now. >> Not right now. >> Why? >> Cuz you can't. >> Nobody proved anything. So, why don't I have the right to call my dad? Why? >> Cuz I already explained it to you. >> Why? No, tell me, right now, why? Why? I haven't been charged for anything. >> You're under arrest. Once >> For what? For what? For what? >> Right now, you're under arrest for felony driving under the influence. >> Oh, really? >> Right, yeah. >> Do you have the proof of that? >> We are going to get the proof. >> Oh, you're going to get the proof. So, give me a phone so I can call my dad. I want to call my dad. >> Stop. You're making this so much worse for you. >> Really? I want to call my dad. You don't have proof of anything. So, give me a phone so I can call my dad. I want to call my dad. >> I suggest that you stop. >> I suggest that you give me a something so I can call my dad, please. >> Or not. >> Why don't you help me? Why are you being so mean? Why can't I just call my dad? Please. >> You're not listening. >> For what? >> You are not a minor. You were not required to get a phone call until you are booked into the jail. >> Really? I'm 25 years old. >> not a minor. You are uh over the age of 18. >> You don't have proof of anything. >> arrest you, ma'am. >> For what? >> I did not arrest you. >> Right. >> Holly Beach arrested you. >> So, can I please get a phone call? >> not. >> Why? >> Because you're in custody. >> For what? >> For felony driving under the influence. >> Oh, really? >> Really. >> Did you prove that? >> I will not there. I'm telling you what to >> Oh, okay. So, you have no proof. So, please give me a phone so I can call someone. >> okay? >> You seem like you might be a little bit more Can I have a phone so I can call my dad, please? >> a phone to call your >> Why? Why are you being so mean to me? >> is being mean to you. >> No one proved me for anything. >> Stop. You're a grown adult and you're crying on camera. Stop. >> Hello. Hi, camera. Yeah, I'm crying because he's not letting me call my mother even though they haven't proven and don't have any right for me not to be able to contact my family or anyone that I want to. So, yeah. Hello. I'm crying and ooh, I'm being just a little baby. >> Stop. >> I won't stop. Yes. >> Jamie Komaroski is clearly focused on herself and not the damage she has caused. >> Did you work tonight? >> Tonight, no, I did not. >> No. Just out and about? >> Just living my life, you know, just, you know, trying to be a happy person. >> And there it is. The charge is now being described as felony DUI. But remember, an arrest is not a conviction. At this stage, officers need evidence that can withstand scrutiny later. Toxicology, crash reconstruction, witness statements, video, and medical evidence. Jamie keeps asking, "Where's the proof?" The answer is that the investigation is precisely how prosecutors build that proof. >> As everyone tries to be and then um Yeah. >> It's good. >> And then Jamie tries to engage in a little small talk. >> Guys, favorite cereal? >> Cereal? Probably Crunch Berries. >> Captain Crunch Berries. >> Berries, yeah. >> Good choice. >> Honey Nut Cheerios. >> Can't go wrong with this. I know. I am going to have to agree with him. Captain Crunch Berries is a really good choice. >> Never had it. >> Nice. >> What? What about ice cream? >> Mint chocolate chip. >> Oh my god. Thank you for saying that because there are so many people that say that they hate mint chocolate chip and I'm like it's good. What about you? >> Probably Cherry Garcia. >> Oh my god. I also love Cherry Garcia. >> That's my favorite. >> It's so good when you get that little cherry in there. So good. >> Oh, same here. >> Those are good options. You know, my favorite personally is soft serve vanilla with rainbow sprinkles. >> It's a good choice. >> But I'm with Officer Gurley. But if I do want hard serve, mint chocolate chip and Cherry Garcia are definitely on the top of my list. That's for sure. >> Mhm. >> Eventually an officer reads Kamrowski her rights about drug and alcohol testing and she makes a decision about whether she will comply. >> Do you understand? Yes. You understand? >> I don't want to waste your time. >> Okay. Open your mouth, please. Can you open your mouth? I have to check to make sure you have nothing on the inside of your mouth that you're not supposed to. >> I just I am concerned and I would like us to have >> The faster that we go through this, the faster you can make your phone calls that you want to make. Can you please open your mouth? >> For what reason? >> So I can check the inside of your mouth, make sure you have no gum, tongue rings, anything that's not supposed to be in there. >> I >> Can you please open your mouth? >> that makes your life easier, so okay. I don't know why we're doing this. >> You're refusing. >> No, no. I'll do it. I just do it. >> phone or anything like that in your mouth. Can you open your mouth, please? Okay. Thank you. >> Jamie Kamrowski eventually raises a concern that her rights may have been violated. >> Nobody read my Miranda rights and I want to go. Nobody read my >> Miranda rights. >> Did you? Did you? >> I'm not sure. >> Did anybody? No. Nobody did. >> On the piece of paper is the uh >> Nobody read my Miranda rights and I would like to get picked up right now. Please. Does everybody want to say anything about that or what? Can I please get picked up now? Nobody read my Miranda rights before I was arrested and I would like to go now, please. Hello? Anyone? Does anyone have to say anything? You? >> I wasn't there. >> Okay, so I wasn't read my Miranda rights. So, what? Now what? What happens now? I would like to know. Do you know? What happens? What happens? >> Ma'am, just sit there and relax. >> Nobody read me my Miranda rights, so I would like to have my Miranda >> on scene. If you don't remember >> No, nobody No, I do remember, and nobody read them to me. So, I want to go home. >> No, no, no. I want to go home. >> You cannot go home. >> I want to go home. >> you want to go home, but you're not going home. So, just relax. >> Nobody read me my Miranda rights. >> that a bunch. We heard you. >> Okay, so what? >> So, just hang tight. >> What does that mean? >> It means sit there quietly until I'm done, and we'll go from there. A breath sample from you. I cannot force you to provide a breath sample, but if you refuse, okay? It will be used against you in the court of law. So, when this goes to court, that will be used against you. It's not going to >> I want to call someone before I do this. >> Also, this is going to provide you a chance to show yourself, us, whoever, if you feel that you're not impaired, this is your chance to scientifically prove that you're not. Just keep that in mind. >> to go home? >> No. >> Then I want to call someone. >> You call someone when after you're in jail. >> I want to call now. >> someone right now. We're just focusing on this. >> I want to call someone right now. >> You're not going to call someone right now. >> Why? >> Cuz we're in the middle of doing something. >> I would like to call someone right now. >> I know you would like to, but it's not going to happen. >> I'm not doing anything until I talk to someone. >> Okay. I'm just keep that in mind. If you refuse, it's which is right in the consent, it's going to go against you in the court of law. Okay? Just keep that in mind. So, this this is your chance. If you don't do this, it's a missed opportunity. So, once we leave, you can't say, "Oh, you know what? I did this." >> And then it proves that I'm not like intoxicated and I still can't go home. Then why am I going to do it? >> It will help you in court. >> Why am I going to do it? I'm still not going to go home. So, no. I'm not going to do it. And I would like to talk to someone. >> is going to be suspended as well, just so you know. >> I want to to someone. >> It's for refusing as well. >> please talk to someone? >> Can I talk? Are you going to keep cutting me off? >> No. >> You going to keep cutting me off? >> No. >> Okay. So, with the refusal, also your license will be suspended, which has been explained to you in your license. I just want to make sure you're aware of all this before >> Correct. >> Cuz once once you're done, you're done. And we walk out of the room. Okay? Are you willing to provide a breath sample? >> No. >> No? You sure? >> Yes. >> Your last chance. >> No. >> You want to blow in this? Provide a breath sample? >> a lawyer before I do anything. >> Okay. So, you do not want to give me a breath sample? >> Can I talk to a my dad or something? >> Why? >> You want to provide a breath sample? >> I would like to talk to a lawyer before. >> Okay. I'm going to take that as a refusal. >> Well, it's not a refusal. It's actually me asking if I could talk to someone before. >> You cannot. >> is three times the commonly cited legal limit of .08. But the number alone doesn't tell the whole story. The prosecution also has the fatal crash, the injuries, witness evidence, and the circumstances surrounding the night. And that combination ultimately leads to a guilty plea and a 25-year prison sentence. One decision to drive can create consequences that last for decades. >> It's your last chance. Would you like to provide a breath sample? Yes or no? >> I would like to talk to somebody before >> that's refusing. >> How is that refusing? >> I'm asking >> I'm asking if I can talk to somebody before >> No, you cannot. >> Okay. >> Would you like to provide a breath sample? >> I would like to talk to >> You are not going to talk to anybody. >> I know. >> Okay, that's