On February 16th, 2025, Lake City Police conducted a traffic stop on a driver clocked at 78 mph in a posted 45 mile zone. How's it going? Good. How are you? Great. My name's Officer Is there a reason you're driving way over the posted speed limit? I honestly have no idea where I'm at. So, you're drunk? No, no. I'm not at all. I'm I live in Tampa. Okay, so the speed limit back there is 45. I was doing 80 and I wasn't even catching up to you. You were gone. Oh, really? Yes. So, right now I'm going to ask you to step out of the vehicle. Do you have a driver's license, registration, and proof of insurance? Yes, I do. And you clearly smell of alcohol. Driver's license. Registration and proof of insurance. Thought we had a 10-31 going on. Clocked you at 50, I flipped around, and all of a sudden she bolted. Yeah. I've asked you for your registration proof of How do I get How do I get both? Cuz when I turned around, you weren't doing You were doing 50 mph when I turned around, and then you were gone. Straight up just gone. Well, I Honestly, I don't live here. I live in Tampa, so I don't know where I And you're slurring your speech, you smell of alcohol. Step out of the vehicle. Ma'am, I'm not going to ask you again. You're going to step out of the vehicle or I'm going to take you out of this vehicle. Walk back to the car. Okay. What's going on? What are you guys doing? You guys are driving way over the speed limit. I'm not driving. I know you're not. What's that in your hand? They're bottles of lotion, I guess, I got out of here. Um where are you going? I've asked you for your registration proof insurance, like three times. Okay. So, where are you guys heading to? I'm heading to my parents' house in off of Lake Apopka, Lake. Where are y'all coming from? Lake Apopka, it's Way over there. I know. But I I just had corneal transplants in my eyes, so it's really hard for me to see through this left eye. So, like So, that doesn't If you can't drive at night, you shouldn't be driving at night. >> I know. I know. >> to send a letter to the DMV to take away your license. If you can't drive at night, you should not be driving. I know, but I I can't I can't help my situation. So, you smell of alcohol. Straight up, this is going to be broken laws. I was at a bar with Well, I can tell. I can absolutely tell. I initially thought you were doing 50 mph. I have And when I turned around, you were You're I have no idea. >> my car is recording. And I was doing 80 miles an hour trying to catch you. >> because I have no idea. I >> So it doesn't matter at this point. So now I'm going to ask you to do some sobriety exercises. Okay, I I can't do whatever you're going to pull out with your flashlight. I can't do that with my eye. I can't. Why not? I just have a cornea transplant. Like what do you not understand? >> So are you refusing to There's more than just the eye. No, there's not. You cannot do that. You can just go to jail. >> No, no, no. I'm not GOING TO JAIL. STOP. OKAY. HEY, HEY, HEY. THE TRANSPLANT. JUST RELAX. I know I said there's more exercises than your eyes and you said no. Clearly. No, I won't do it. >> your eyes. I won't do it. I will do whatever you want. Just calm down. Under Florida statute section 316.187, that speed differential alone establishes probable cause for a lawful traffic stop. Once stopped, the officer observed four independent indicators of impairment, odor of alcohol, slurred speech, spatial disorientation, and the driver's own admission of prior alcohol consumption at a bar. Under Florida statute section 316.193, DUI requires either a blood alcohol level of 0.08 or higher or impaired normal faculties observable indicators satisfy the second prong. The officer's order to exit the vehicle was lawful as a matter of course under Pennsylvania versus Mims, 1977. No additional justification beyond the traffic stop itself was required. The driver refused the horizontal gaze nystagmus test citing a recent cornea transplant. This is a recognized medical limitation under Nitsa's standardized FST protocol. However, two remaining tests, walk and turn and one leg stand, require no binocular function and remain fully available. Her refusal to engage with any component of the battery removed the medical exemption argument from her legal defense. Selective refusal does not constitute a blanket medical exemption under Florida law. When the driver physically resisted handcuffing, she crossed a statutory threshold. Florida statute section resisting an officer without violence, requires only willful obstruction of an officer in lawful execution of duties. Physical resistance during a lawful DUI arrest satisfies that element. Under Graham versus Connor, 1989, the force applied must be judged from the perspective of a reasonable officer at the moment of the decision, not in hindsight. At that moment, active resistance, confirmed alcohol indicators, prior non-compliance, soft to hard empty hand control was proportionate. Can you relax for a second? >> Relax. Right now, you're in this position because you want to be. No, I don't. I WOULD I WOULD COOPERATE. I can't you're saying I can't do anything WITH MY ARMS LIKE And I said THERE'S MORE EXERCISES. >> WILL NOT COOPERATE. And I said there's more exercises. Okay, and I will do them. >> Okay, you just told me no. No, I said I will do them. >> told me no. >> No, I said I can't No, I cannot DO ANYTHING WITH MY ARMS LIKE I said Stop. Tell me your situation. What's my situation? What is my ridiculous What? Because she's resisting. I'M NOT RESISTING. I'M NOT RESISTING. I SAID I CANNOT DO ANYTHING WITH MY EYES AND A FLASHLIGHT. I JUST HAD A CORNEA TRANSPLANT. WHAT ARE YOU OUT OF YOUR AND MA'AM, YOU SAID THAT AND I SAID OKAY. NO. AND I SAID I WOULD I WOULD SAY I WOULD do everything. I WOULD I WOULD DO EVERYTHING. I SAID I WOULD DO IT AND NOW YOU'RE SLAMMING to my car. Well, we tried to put you in HANDCUFFS OUT HERE. WHY? >> BECAUSE YOU SAID NO. NO, I SAID I WILL DO EVERYTHING. I will, but I cannot do anything with FLASHLIGHTS TO MY EYEBALLS. >> SAID THERE'S MORE EXERCISES OKAY, AND I SAID I WOULD DO IT AND NOW NO, NO, NO. I SAID I WOULD DO IT AND now you're having handcuffs. Please take me out. No. No. You need to calm down. So, look look at me. Ma'am. I mean I'll do anything like a cornea So, calm down and take a deep breath, all right? Okay, but like I'm just telling you I can't do anything WITH FLASHLIGHTS TO MY EYES. You explained that to me and I said okay. And I said I would do that. Hold on. I said there's more exercises. And I said I would do that. No, you said no. >> No, I said I would do that. I would say no. No, I said a no to the flashlights to my eyeballs because it it is going to hurt my eyeballs. Okay, and I understand that. So, I did find a person a voluntary breath sample. It's 100% up to you. Ma'am, I'm talking to you. If you don't want to talk to me, you're just going to go to jail. Get charged with a DUI refusal if you don't want to talk. Are you going to talk? >> You already read me my rights. No, not yet. Yeah, I know. The time's going to stop. So, I'm trying to ask >> really ask me anything, because I just asked >> just like God. >> I just asked you. >> Are you going to do any kind of damage to my car? >> your car. I just asked you, will you give a voluntary breath sample? It's yes or no. It's 100% up to you. Why? When you guys are just being straight I didn't come here to take you to jail. That's not >> Yeah, pretty much you just No, that's not at all why All I want to do is go back to my house. That is not even Okay, can I explain something? What? So, you these are expensive, but you didn't have any of them. I have no idea. I'm not from around here. You do 80 something in a 45. Okay? So, that's the first issue. Okay? You are slurring your words. Your Your eyes are bloodshot. How do you know my eyes are bloodshot? I have I have one contact in my eye and one contact not in my eye. Are you Are you Are you Are you Are you No, you cannot say that my eyes are bloodshot, because Let me read her implied consent real quick. So, >> But, listen to him. You got to look at me. Ma'am. No, I'm good. Read whatever No, so you're going to look at me while you I do this. >> No. Absolutely. Or you'll have a resisting charge on top of a DUI. Okay. Go. Go. Go on, baby. >> All right. Get over here. Go on. Whatever you feel is needed. I'm now requesting you submit to a lawful test of your breath or urine for as for the purpose of determining its alcohol content and or the presence of chemical or controlled substances. I'm requesting you submit to a test of breath. Will you take this test? Yes or no? No. Okay. If you refuse to take the test I've requested of you, your driving privilege will be suspended for a period of 1 year for a first refusal or 18 months if your driving privilege has been previously suspended for refusing to submit to a lawful test of your breath, urine, or blood. Additionally, if you refuse to take the test I've requested of you and if your driving privilege has been previously suspended for a refusal to submit to a lawful test of your breath, urine, or blood, you will be >> I guess I'll do a And there is additionally another penalties which can be imposed. Do you understand what I've just read to you? Yes, I do. Do you still refuse to submit to the test? >> Can you undo this and I'll do a breathalyzer? Do you still refuse to submit to the test? Yes or no? No, I'll do one but will you undo >> the breathalyzer is at the jail. At the jail? Yes, we don't have breathalyzers in our car. Can you just please let me go home? >> No, you're drunk. I'm not letting you drive drunk. So, I'll take an Uber then. >> going to Alligator Lake which is real. You're in Lake City. They don't have Ubers hardly ever. No, you do. I I guarantee you you do. What? Do you guys mind transporting? I'm telling me to stay right here. Do you guys mind transporting? I got the keys to this. Yeah, that's fine. What's his name? Oh, I'll talk to you about Okay. Let's talk to her over here real quick. >> Let's talk over here, okay? Listen, listen. You're just really drunk. I'm not The officer read the Florida implied consent warning in full as required by Florida statute section 316.1932. This statute operates as a condition of licensure. Any person operating a vehicle on Florida roads has already consented to breath, blood, or urine testing by statute. Refusal carries an automatic 1-year license suspension for a first offense. 18 months if a prior refusal suspension exists. A second refusal constitutes an independent first-degree misdemeanor. These are administrative consequences triggered regardless of criminal outcome. The driver's offer to take an Uber does not affect the legal calculus. An officer who has established probable cause for DUI has both the authority and the duty to arrest. Releasing an impaired driver is not a lawful option. The driver was charged with DUI under section 316.193 and resisting without violence under section 843.02. Both first-degree misdemeanors carrying up to 1 year in jail and a $1,000 fine per count. License suspension was additionally triggered under implied consent. The officer receives a B+. Probable cause was properly documented. The implied consent advisement was complete and accurate. Force remained proportionate throughout. Restraint under sustained provocation was commendable. The grade falls short of A because the officer failed to clearly distinguish on the record which FST components remained available after the medical disclosure, a gap that could complicate prosecution. The driver receives a C+. Her medical condition was legally relevant and credibly disclosed. However, refusing all field sobriety tests, not just the eye component, physically resisting a lawful arrest, and providing inconsistent statements collectively eliminated any legal advantage her circumstances might have provided. Compliance followed by legal challenge is always the more defensible path. Three practical lessons from this encounter. First, a medical condition affecting one FST component does not excuse refusal of the entire battery. Document the specific limitation and request alternative testing. Second, implied consent is not a roadside choice. It is a pre-existing statutory obligation accepted at licensure. Third, physical resistance to bring a lawful arrest elevates both the legal charge and the force the officer is authorized to apply. 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, Street Body Cam, for even more police interaction and courtroom content.