On May 27th, 2024, an officer with the Ashgrove Police Department in Missouri observed a red Kia Optima driving erratically through town. After following the car and observing it weave between lanes and make an improper turn, the officer initiated a traffic stop. The driver made it clear he believed being near his own driveway meant the DUI laws no longer applied to him. >> Afternoon, sir. Robert Bell with the Ascro Police Department. The reason I stopped is you didn't uh signal your turn up here and I was going to ask you what was going on with the stop sign back there before that. You kind of moved over to one side of the road and then drove back to the middle and then on the phone unfortunately but yeah. >> You're on the phone. Okay. >> On the phone. Yeah. >> Do you have your driver's license and your proof of insurance with you? >> Uh proof of insurance is on my phone but I can give you the video. See you do it all app style now. >> Where you coming from today? I just moved up here like two to three weeks ago. >> Okay. >> All right. I got two here. Which one do you want me to use? >> Uh CDL one. That one just was in >> trouble last time. So, >> all right. As long as this is your current, it doesn't matter. >> Divorce and all that stuff. Address changes quite a bit. So, but and it's class F. It's not class A anymore. So you don't have to be >> right back with eligible for your insurance, sir. >> Showing a Missouri CDL >> mail is showing valid with the cancel CDL. Did you show any prior alcohol related >> showing one prior out of Cville for driving while intoxicated? He also has a few actions related to alcohol. >> You may step it up on 16 in West Jackson. Sir, I need you to step back in your car, please. He's not really following directions, but he's not resisting either. So, just head this way. >> Okay. >> So, what's going on? my insurance that I have on my like save photos is not up to date. So, I needed to log into it and that's what I was fixing to do. So, I know you'd be asking about it cuz it's not >> Okay. Is there a reason you got out of your car? >> Stand up and put in. >> Okay. Cuz I asked you to stay in your car. Go ahead and put that up on the roof for me. >> Really? >> Do you have any weapons on your pocket knife or anything? >> No. >> Nothing at all? Okay. Okay. For my safety and yours, do you mind if I check? Don't put your hands in your pockets. I just ask if you had anything in here. >> Put it all out there for you. It's fine. I had nothing. Okay. How much had a drink today? A little more than your standard, but I'm home now, so. >> Okay. But that's not the issue. How much have you had to drink today? I honestly couldn't give you a number. So, >> okay. What time did you start drinking? >> Had a little bit before when the thunderstorms hit when my dog woke me up and then I took a break and then took my kid and went and did some stuff with his mom and then had a little bit more after that and I was pulling in. Okay. All right. Let me see what's going to be >> going to be strike free for me. So I'm going to be going to prison if you hit me with this. >> Okay. I'm telling you, like I've had two 7 years apart. Like I do mess up from time to time, but if you hit me with this, it's going to be strike free for me. So I'm going to [ __ ] federal penitentiary. >> Federal penitentiary for a DWI? >> Cuz it' be my third one. >> We don't send people to federal prison for a DWI. The new rule is what I heard was you do that. >> No, >> but I'm in my driveway. So >> that changes nothing. >> Okay. Cuz I observed you operating the vehicle on a public street. >> Okay. So what I need to determine is whether you are too impaired to operate a motor vehicle. >> Okay. >> I can walk I can't walk a straight line. I'll tell you that. Straight sober, drunk, whatever. I can never walk a straight line. Tell you that. I'll be straight up with you. Can you do a one leg stand? >> That's not a one leg stand. That's not what I need you to do. >> So, like the pitchers. >> Okay, hang on. Before I have you do anything, I >> I've been teaching my kid pitching. So, I'm asking you. >> That has nothing to do with anything. Okay. Here's what I need you to do. Can you lift your head up for me a little bit? You can leave it on. Just There you go. Okay. Put your feet together. Heels to heels. Toes to toes. All the way together. Put your hands down to your side. Can you see my finger? >> Mhm. >> Okay. What I want you to do is watch my finger with your eyes >> without turning my head. >> And don't move your head. Okay. >> Mhm. >> Okay. You're moving your head. Do you have contacts? >> I'm supposed to have contacts, but I've refused them. >> You don't have though? >> No. >> Okay. All right. So, watch my finger right here. Put your hands down your sides. Put your hands down your sides for me. Thank you. Okay. You're not watching my finger. >> I see it over there. >> Yeah. I need you to follow it right here >> with my head or not my head. >> Keep your head. Okay. We'll make this easier for you. Put your feet together. Heels to heels, toes to toes. >> Okay. >> Okay. Put your wrists together just like this. Okay. And I want you to rest your chin right there. All right. Do you mind if I touch your wrist? >> No, you're fine, dude. >> Okay. >> I'm not going to be >> I'm not >> You're doing your job. I'll get you. It's no big deal. >> I just need you to follow my finger right there with your eyes, not your head. All right, think a little bit. Okay, go ahead. Put your hands up where they were. Just like that. Almost done. Okay. >> I just wanted to give you a break cuz you look like your eyeballs are drying out. >> It is allergy season, too. >> No, I get it. That one's just been kicking my butt. Yeah. Okay. You said you can't do a walking turn. Walking on the straight line. >> I can't do it on a normal day. >> That's fine. Is there a medical reason why or just generally can't? >> Imbalance during like allergies season and [ __ ] you know? >> Got mosquito on your neck. He's chewing on the other side. There you go. And then they eat me alive. So, >> no, I understand. >> Take my dog out, take a [ __ ] and not >> they start chewing right on you, huh? >> Yeah. >> All right. You think you do the one leg stand? >> Come to If we If we do that, I'm going to I'm going to move you over here to We got a nice flat spot up here on the gravel camera. >> I don't have a camera up there. >> So, like I've been teaching my kid, you got to come sit. And you do come sit. Go straight up. >> Gotcha. Okay. Well, that's >> east lane 573 >> 1502. If there's traffic for me, I'm stable. But go ahead and have my code continue. >> This guy's going to blow your [ __ ] whole world up. >> Clear. 1502 stable. >> Okay. So, what I have you do heels to heels, toes to toes. Just like that. Keep your hands down your sides. All right. Now, what I'm going to have you do is I don't care which foot you pick. You can choose either one. Okay. interact two. Do you still need them as well? >> Just one, please. >> Okay. >> Clear. >> So, what I'm going have you do is once you choose, you pick that foot. I want you to lift it up off the ground. You don't have to bend your knee. Keep your knee straight. Okay. I want you to point it just like that parallel to the ground. 1,00 1,002 1,003 until I tell you to stop. Okay? Hang on just one second. I got to get my step ready to go here. If you put your foot down, just continue. Pick it back up and continue. All right, keep your hands sides and count out loud 101. So, we're timing this since we're >> Well, I'm going to do it. I'm going to time. Hang on. Let me go ahead and All right. Whenever you're ready, just count out loud for me. >> That's easier to do. picture motion. That's what I'm used to. But >> keep your hands out your sides. Okay. Is it tight right there for me? Ready. >> Okay. You step up off the power for just a second there. Okay, that's good. One long steady breath until I tell you to stop. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. All right, you're good. >> Young is one of these in the car somewhere. >> I don't know yet. All right, >> that's an issue. >> Yeah, it's like way over the legal limit. >> Um, yeah, that's like >> 06 is the new limit, right? >> The 008 is still >> That's the highest I've ever seen. It's not the highest I've seen, but it's up there. >> Yeah. >> Well, the last time I went to my class, they told me 06 was like for daily drivers, and 02 went down to 00 for CDL drivers. >> That was the new I think 01 is for CDL drivers. Um, but CDL, >> unless it's changed like in the last couple months, 0.04 is for CDL drivers. But >> either way, that is above any legal limit. >> Anybody home? >> My dog. My kid. >> You called your kid. >> Nine. >> Nine. >> She's not home. But >> is there anybody else in the house? >> My dog. >> Your dog? >> Yeah. >> Okay. Well, the reason I'm asking if there's anybody else in the house is because one, I don't want to leave a child here. You mentioned your son. And two, do you want to leave any of your property here so that we don't have to take it with us? >> I got to go to the job in the morning. So, That doesn't answer my question. Do you want to leave your stuff here or do you want to take it to the jail with you? >> So your phone and your >> I don't have my wallet, my phone, none of that [ __ ] on me. >> It's right there on the top of your car. >> Yep. All of it. So you going to take me to jail? >> Yes. >> Even though I'm in my driveway? >> Yes. >> How can you constitute taking me to jail when I'm in my driveway? >> Two things. Number one, it wouldn't matter if you never left your driveway. If the car was running and I saw you operating it and you're impaired, you can go to jail whether you're on your property or not. >> But even if that wasn't the case, >> I watched you operating a motor vehicle on the public street. The fact that you pulled into your driveway doesn't change anything. Okay? So, I'm not arguing with you. You ask me a question, I'm explaining. >> Like I said, I'm not arguing. I'm just asking. >> I get But >> yeah, on my shoes right there. >> Okay. Do you want to take it with you or do you want to leave it here? >> I'll take it with me. >> Okay. 5. >> Uh, is a 12 hour old or what is it? What do you got? >> I believe it's a five. >> So I can let my boss know. You know what I mean? >> Yeah. Once you get down here, you can call whoever you need to. >> So guarantee pull that. >> Well, you told me you got what? Three fires or two fires? You said >> two. Yes, sir. Got it. >> All right. Watch your knee there. I want to smack you. I think I got him. Anyway, the reason I called was he trying to evander or something or >> Well, I got a call from the I was sitting down here at uh 160 at Maple running traffic and I got a call from the galler eagle. I think that guy's drunk. So, I got behind him and he was like creeping up Maple Street. Didn't really have anything. We got to the first stop sign there and he pulled way over to one side and then like he was going to make a left turn and then he went straight and then got back over and then he didn't signal his turn. Well, soon as he didn't signal his turn, I lit him up at the corner. He came on down here and as soon as he saw my lights, but he's right in here real quick. >> So, I wasn't sure if he lived here or not. Still not certain he lives here. I don't have anything that says he does. There's a mosquitoes right here in this box. >> Does it look like it's open or is it? >> Yeah, it looks like right there. >> I can't tell if that looks sealed or not. There's definitely alcohol so I can check it. Oh, yeah. That's still full. >> Does he have someone here to take care of this kid? >> He says kid's not home. >> Oh, >> it's just a dog. That's what he said. Yeah. Ah, there's an empty. I got to charge him state, so it doesn't matter. All right. >> Do you want your house locked up? >> It don't matter. >> Well, I mean, I'm happy to do that, but there's not a house key on here. So, >> the house key is in the house. >> Okay. >> So, I was like, how long are you going to hold me? So, I know whether I need to try to call my boss or lock the house up. You tell me how long you're going to hold me. So, it can't be longer than a 4-hour hold. The problem is it'll also depend on how busy the jail is. But I can tell you right now at what you're at, you're not going to be anywhere close to legal to drive. >> Just [ __ ] leave it. Let's go. >> Okay. Watching you. >> My hat fell and I can't pick it. My hands are behind my back. >> I'll grab your hat. Somewhat straight, but yeah, we'll call it good. up here. Step up here. You won't give me a chill here. >> So, why did you pull me over in my driveway? >> I pulled you over when you didn't signal your turn. >> As I turn in my driveway? >> No, as you turn from uh or Maple Street onto Prairie Street. There >> is from here to there from my driveway. Right. >> Yeah. Stop. Turn here. Except right there over that first table. >> Have you taken a large amount of drugs? >> Is there a chance you could overdose some drugs while in our custody? >> Some injection or some [ __ ] No. >> Were you in a traffic accident? >> No. I was in my driveway [ __ ] car one stop sign block from my [ __ ] house and he pulled me over. Can I have one little chew while we're doing this [ __ ] random [ __ ] or you going to be that [ __ ] and tell me no. >> I'm trying to be your friend, but you got to remember I'm a nicotine. I have a >> I understand that. But there's stuff we have to do as soon as we get done here. And if I let you have a chew, it's going to mess that up. So, no, I can't let you have a chew. >> [ __ ] [ __ ] [ __ ] it. in my [ __ ] ground. Can I bring your shoes up here too? >> If you want to make it difficult, then >> I was in my [ __ ] driveway, dude. Tell me how >> I was in my [ __ ] driveway. >> You want to be an [ __ ] I'll be one, too. >> We're not doing anything to you. And I told you I don't have [ __ ] on me. >> You won't give me a chew. You won't do [ __ ] >> Follow him. He's watching. >> I was in my [ __ ] driveway, [ __ ] >> I remember that, too. >> In comp will go a lot faster. If you're an [ __ ] you're going to stay here longer, >> right? You understand that? >> You got to ask him. I was sitting in my driveway. I don't care what happened. If you behave here, the process will go a lot faster. I complime I did in the ass and I was literally sitting on my [ __ ] driveway and I became an [ __ ] because even though I was in my drive to do so you >> Mr. Sullivan, >> this gentleman and nobody else here has anything to do with anything that happened out there. So, you treat them how you think you need to, but he just explained to you how that's going to work for you. >> Can you tell me what time it is right now? >> Yeah. I mean, it's just like 5 minutes after it was in the car. >> Can I have a little chew and I can swallow my spoon? Can you do that for me, please, for the nicotine? Try to get the jitters. 49 in the area. >> So you got body cam or like even into my driveway with the lights turned on. You got that too. >> Got what? >> Got me in my driveway. You can't just leave it up. Seriously, leave it up. I'm OCD. Like >> you can rearrange it all. >> Yeah, you should [ __ ] [ __ ] kill me. >> Do what? As long as >> just relax. I'm asking the time to do that. >> I understand that. >> So I can plan my [ __ ] day. >> Okay. >> Leave for work at 5 in the [ __ ] morning. So I'm asking you if I need you to try to convince you to let me make >> Okay, I've answered your question. >> You are not getting your phone. It is in property. It is sealed. Your phone is not getting back to you until you're released. >> Done. What time is it? I'm trying to fight with you, dude. That's what you don't understand. >> So what you don't realize is I've said sit there quietly. That's all I need from you. I will get you through here as quick as I can, but you're not helping. And can I like sneak the tree and like swallow it? >> It's sealed in there. Okay. So, >> you're killing me, dude. >> You just sent me this right here. >> Yep. Going prison. Thank you. >> Not being an [ __ ] dude. Serious. This is at least the 13th time we've had this conversation. All right. That question has been answered repeatedly. You keep coming back to it over and over and over again. >> I'm not giving you any tickets tonight. I'm going to send it to the prosecutor. The prosecutor will send you a summon and you will get the exact same process. You just don't have a physical ticket. Relax. I need you to listen to this very carefully. I'm going to give you the Missouri implied consent warning in a moment and request you submit to a chemical test of your breath. >> Blood breath. Whatever it's going to be. I was over, but I don't get why you pulled me over in my [ __ ] driveway is the whole point. And I will [ __ ] that one. >> Absolutely. >> It's nothing personal towards you, but I was in my driveway. So that's what it is. But you're trying to set me to [ __ ] prison because you measure up. >> Okay. Having been informed of the reasons for taking the test, will you take the test? >> I was in my drive when you pulled me over. >> I'm sorry. >> I was in my driveway when you pulled me over. >> Okay. >> I was parked. >> Understand? >> So, I was done driving. >> Gotcha. That's something you can discuss with the judge. Right now, I'm asking if you're going to take the test or not. I was [snorts] talking to you pull me over. >> Okay. >> Because you're under arrest. I'm informing you of your constitutional rights. You have the right to remain silent. Anything you say can be used against you in a court of law. You have the right to talk to a lawyer and have him present while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any question if you wish. I'm just pissed off that I'm going to jail. My ex-wife is [ __ ] >> Okay. So, >> you'll need to finish this. You can decide at any time exercise these rights and not answer any questions or make any statements. Do you understand these rights as I've read them to you? >> Yeah. Catch my ex for possession. >> And that's why you need to watch. >> And what were you doing during the last 3 hours before you met me? >> I stayed for my kid. I took him to his mom's and I was heading back and he pulled me over as I pulled my driveway. Were you operating the vehicle at the time of the stop? >> I was parked in my driveway. >> So, is that yes or no? >> I was not operating. I was parked in my driveway when I realized you were behind. >> Okay, stand up here. One long steady breath. I'll hold it. Put your hands down to your sides. Go. [snorts] Perfect. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Keep going. Perfect. Have a seat. That was awesome. Just have a seat. says you fine. Okay. So 327. >> So no one give me a [ __ ] dip or something. You going to keep it for another 2 hours. Respectfully, sir. You know how it is though. >> Okay. I do not have access to any tobacco products of any kind. Your stuff is sealed up in your deal. I do not smoke. I do not chew. And I wouldn't be allowed to give it to you in here even if I did. But I can't do any of that. So, I'm going to ask you man to man. How are you going to [ __ ] me if I sign that? >> If you don't want to sign it. >> Okay. I've had two DWIs. I've got a kid and that's what >> how bad is this going to [ __ ] me if I sign that? >> This right here is your temporary driver's license for the next 15 days. I'm seizing your license because you blew over a 00805. >> Okay. Those look like sandwiches. I would not eat them. I have no idea how long they've been there. >> Derek was charged with persistent driving while intoxicated, a felony under Missouri law, marking his third DWI offense. He recorded a blood alcohol content of 0.327, more than four times the legal limit. In January of 2025, he was sentenced to 5 years of supervised probation along with additional conditions including treatment, community service, fines, and the use of an ignition interlock device. YouTube thinks you'll like the video on your screen. Click it to check out the next body cam case.