If you're not willing to pay, they're going to press charges for you for theft because you're you're not paying them their bill. What do you mean why? >> You can't just drink all you want and then walk away. >> No, >> it's a little bit overpriced. >> Then you shouldn't have drank. It was your choice to buy those drinks. >> December 29th, 2024, Garland police responded to a restaurant for a reported tab dispute. The encounter produced three distinct legal situations unfolding simultaneously. >> Yeah, we're still kind of in front of the restaurant. >> Turn the vehicle off. Sit. Sit down. Turn the vehicle off. >> My wife is drunk. I thought I was waiting for All right. No worries. Turn the vehicle off for me. >> All right. Just put the keys on the dash. >> There you go. Perfect. >> All right. So, what what's the issue with the bill? >> She's drinking. >> Okay. Were you here with her? >> Yeah. I'm here with her. We can pay for the bills. Okay. >> She does this all the time. That's in you. >> So, you're not you're not arguing about >> No, we're not. No, it's >> that's the call we're getting is that we're getting an argument about. >> So, you both are here drinking. >> We're here. We're eating. We've been here before. It's not an issue. >> I said, "Honey, pay please." She's a little drunk. She's being Hold on. Stay right there. 22. >> I'm only 10:12 with the male. The female, I think, is still in the restaurant. >> I'm not supposed to. This is what I'm sitting in the car waiting for. >> Uhhuh. And I'm telling her, "Honey, please pay for the bill. Let's get an Uber. Let's get out of here." She's >> Why you Why are you trying to get an Uber? >> Because I can't drive. >> Why can't you drive? >> Because my license is suspended. >> Suspended? Okay. >> Yeah. And she obviously cannot [ __ ] drive. >> Okay. What is she wearing? >> She's wearing a beige uh bottom, sandals, and I think uh like a purple top or something. >> All right. All right. Give me one second. Okay. Here. I'm just going to close the door behind you. Stand right here for me. Stay. Keep your hands out your pocket. You don't have your weapons on you. All right. Turn around. Let me just park you down real quick. >> Go ahead. Go ahead. >> You're good. Relax. >> All right. So, he said his license is suspended. He was parked where you are and then he started pulling this way when I pulled up behind behind. >> He said he's waiting for his wife. Uh that she's supposed to be paying the bill. >> The reason we're here, first of all, is there's a dispute about the bill. All right. We know your wife is still over there, so we don't know what's going on over there. But they told us that you were getting in the car, that you possibly under the influence. So, we wanted to make sure you weren't going nowhere. >> No, I'm not going anywhere. I'm just waiting for her. I I'm done arguing with her. All right. It gets to a point. It's like, "Honey, >> with your wife or the waiting?" >> No, we're we're with my wife. >> With your wife. >> The waiting and no one We've been here a million times. She gets a little drunk and she does this. >> Okay. So, nothing got physical though, right? >> No, sir. Just >> Well, listen. We got to We got to make sure you good here with him. >> You could ask the staff. You could ask everybody. Listen. I got Well, Danny's in there. Check. >> You could ask everybody. It's just hard being obnoxious. How about that? >> I got it. >> All right. I'm sorry. >> So, were you waiting for her? You were going to >> I'm waiting. No, no, I'm waiting. No, I'm not going to leave my >> Well, I don't know. You said you were arguing. I don't know if >> it was never an argument. It was, "Honey, can you please pay the bill?" >> Mhm. >> Okay. Yes. Okay. Give me a minute. So where did the dispute come from then that the bill? >> I went to the bathroom to be >> Mhm. >> and I come back. She still has to pay the bill. >> So she stops playing >> and she's got credit cards and she's got all that. She's got I have >> Okay. So if she's not willing to pay, you're willing to pay? >> Yes. Yes, I'd be willing. >> All right. Let me go see if I can find her real quick to figure that out. >> Hi. >> If she doesn't pay >> Well, husband said she he's willing to pay if she's not. He >> That's her husband. Yeah, I guess he's trying to get her to leave and pay and she's not listening to him. >> He's trying to get her to leave and not pay and let's just leave. And I was like, >> he said he's willing to pay. He just needs her to leave. He's having trouble getting her out of the bar. So, um, >> we'll get one of them to pay. If not, we will definitely press charges. >> So, that's all. >> Hi, Lord. >> Hi, Officer Hernandez with the Gardens Police Department. So, the manager here is going to want you off the property. Okay. >> So, do you mind why? cuz you are definitely intoxicated and they don't want you here anymore. Okay. Cuz you were refusing to pay. So they just want you off the property now. Okay. >> I didn't say they refused to pay. >> But is it is the bill paid now? Did you pay already? >> No. >> I would love for her to pay the bill. >> Okay. Well, her husband >> love for her to pay. >> Her husband was telling them that he's willing to pay as soon as he leaves the bar. >> Are you willing to pay the bill or do we need to get your husband to come pay it? >> I would pay the bill. >> Pay the bill so we can leave. If we could negotiate, how much? >> There's no negotiating. It's the bill is the bill. >> We didn't want anything. >> Manager. >> The lady. >> There's no Yeah, there's no negotiating. It's whatever the price is on the menu is the price. You can't tell them that you're going to pay a different amount. >> $2434. >> Yeah, that should be at least a little bit less. >> Okay. Lordes, >> if you're not willing to pay, they're going to press charges for you for theft cuz you're you're not paying them their bill. >> What do you mean why? >> You can't just drink all you want and then walk away. >> No, >> it's a little bit overpriced. >> Then you shouldn't have drank. It was your choice to buy those drinks. >> You should have looked at the prices before you guys came here. >> Okay. So, >> right. Listen, listen. We're not going to go back and forth this. It's either you're going to pay the bill, your husband's going to pay the bill, or you're going to be prosecuted, you're going to be arrested, and you're going to go to jail. Okay? It's it's one of those three options, okay? If you're willing to leave, your husband's going to pay if you're willing to pay pay the bill. That way, you guys can go home cuz if not, then things are going to get ugly. Okay? We have other calls that we have to attend to. So, what's it going to be? >> It's not going to be that much money. >> It is that much money cuz look at the bill. Look at the pricing on it. >> That's a lot of money though. >> Well, it's an expensive restaurant. What do you expect? It's not It's not McDonald's. >> 100 less than I would pay. >> No. >> Why not? >> Cuz that's the pricing on the menu. >> But >> But nothing. >> But they own the place, right? They pay the rent. >> No, we're just bartenders. We don't >> We don't own anything, love. >> I think $100 less would be very fair. >> That's fine. Okay. But you're still going to pay the full price. >> I would pay it right now, but I think it's fair. >> Okay. Well, you can pay the full price now and then you can take that up with the manager. Okay. >> Okay. Then you need to write a piece of paper that says I paid this much money tonight to leave and then I refuse to pay the other $100. >> No, that's not how it happened. >> No, no, no, no. That's how No, it's not. >> No, no, no. >> I I already told you what's going to happen. >> I live in Florida. >> Yeah. So do we all. >> Okay. Okay. President Trump says that I have the right to write down what I want here. Excuse me. Right here. My full right 100%. And nobody's going to take me away. And maybe >> if you don't pay the bill and they want to prosecute, which they do, yeah, you will go away. >> I will pay the bill. >> Okay. So pay the bill. >> No. No. I will pay the bill. You need to tell me that it's this much money, etc., right? >> I'm gonna pay that. >> Okay. >> Okay. >> So, the receipt right there says right there >> $2434. >> So, that's what you're going to be paying. >> All your wine glasses of wine were 14 each. >> So, at the very beginning, >> we got >> There's a boyfriend here. >> Hold on. I told him when they first were sitting here, I said, "Give me your card. Give me your card." Because they were disputing who was going to pay it. I said, "It's real simple. I'll split it right down the center and he got pissed off and he left." >> How long had you been here? >> He came in at three when I got here. >> They've had dinner. They won. They started with produce. They had really expensive wine. They rice. And they had a dessert at the very end. terrible suit. >> Okay, >> Lord is. >> Huh? >> Hi. >> Come on. >> Pull out your wallet and give them the money that they're they're owed. >> This is This is the last chance. >> Pull out the wallet and give him the money you're owed. Your husband already gave you $200 to pay them. >> My husband. >> I'm talking to him right now. Your husband. >> He's not my husband. >> Okay. Whoever he is, he says you're his wife. So, there's a little confusion there, too. >> He paid $200 to give her $200. I promise you that. Okay. Lordes, pull out Lordes. Pull out your wallet. >> No. >> Okay. >> He stand up. No. No. I'm going to do I'm going to do it. >> Then pull out your wallet and pay. >> He gave $200. >> He said he's $200. That's between you. >> He's good for $200. >> All right. >> It's on my camera. So, you're good. >> My camera's on, too. So, you're fine. >> I'm not going to get unless arrested or anything. >> I don't want to arrest you. I'm trying to avoid that. >> We just want you to pay the bill. They want you to pay the drill. That way you can go home and >> I say you don't even have to tip them. Just pay them. >> No. Are you sure? >> Yeah. At this point, I I don't think they want to tip. They just want to go. >> This one might be good. >> But whichever one. >> Let's try that one. >> Let's try this one. Try that one. >> I don't know. Be a good one. I don't know. >> Guess we'll find out, right? That's all you had to do? >> Yeah. >> That's all you had to do before we got here? >> I don't know. >> How you getting home? >> I don't know. >> Yeah, >> it's up to him. >> Yeah. Go ahead. Sign >> sign this. That's your card. And then what? >> And then we're done. >> Leave a tip if you want to leave. >> If not, try and then >> leave a tip. >> If you want to leave a tip, I don't think they care for a tip now with all this that you've been causing. >> Sign your name. >> Leave a tip. >> Oh my lord. >> And you said you were the manager, the owner. >> All right, Lordis. Listen. She's going to want you trespass for 18 months. So, you're going to be trespassed from this restaurant for 18 months. If you come back tomorrow at the same time, you're going to be subject to arrest. I don't think you want that. We don't want that. Okay. So, you're trespassed from here from the restaurant for 18 months. Understood. >> Yes. >> Coffee. >> You would have to send it to my home. >> Send what to your home? The receipt. >> No, no, no. >> Let me let me see that quick. >> I need you Excuse me. >> What do you need to send to your house? I need you to send that information that you just told me. >> We'll send that to your house. >> To my house? No, no, no. In my house. It'll be in your mail. Yeah. It'll be in your mail. It'll be in your mailbox first thing in the morning. >> I need you to do it now. In the mail. >> We will mail. >> Once we finish the paperwork, we'll send it over. >> Right. >> Okay. We have to finish the paperwork and once you get off, we'll send it over. >> She needs her copy. She needs her copy. >> What copy? >> The top one that you signed. The one that you signed that she needs that copy. >> Why? >> Cuz they need that for the receipt. copy. >> That's your copy. That one's my copy. >> They need that for the restaurant. >> This one's my copy. That one's your copy. >> That's how it works. >> Proof of payment. >> I need the >> I guess the other. >> We're not going to do this right now. >> What? >> Here you go. Have a good night. Come on. Let's go. We're out of here. Let's go. >> Come on. >> Let's go. Come on. >> And what? >> You're going to go home. Either you call an Uber or you find a ride. >> And what? >> And go home. Come on. >> And do what? >> You're going to go home and sleep. I don't know. You can figure it out. But you're getting out of here because you're trespass. So we need you to leave. >> Trespass. >> Talk to you understand what we're saying. >> Whatever. >> Sorry guys. >> Come on. We're going to go. We're going. >> Thank you for your service. No problem. Yeah, sure. Yeah, no problem, guys. >> Come on. >> This way. >> No, >> we're going this way. The car's over here. Come on. >> No, you're not sitting anywhere. >> How far can I sit? You >> say all property? >> Yeah, keep going. I don't care where. >> How far? >> Keep going. >> We have property. >> You're We're walking towards it. >> Come on. >> Let's go. >> Actually, no. We're going to take you to the vehicle right here. That way you don't come back on property. Go through here. >> Right. >> Is this your husband or boyfriend? >> No. >> Okay. >> Follow. >> Come on. Let's go. Lordis, we're going over here. >> I'm not driving. >> Let's go. >> How far? >> Watch your step. >> How far? >> No. Stop. >> We're helping you because there's a curb and you can't. >> We were going to take it off property cuz they don't want to hear that car. >> Are you guys together? >> Well, hold on. >> Go to the car. >> Yeah. Yeah. They're boyfriend girlfriend. Bill's already paid bill. >> Bill's paid. They're all set. They're all set. >> You're not listening. Turn around and get off the property yet. >> Yes. >> Okay. >> Yes. Come on. >> Come on. No. No. >> Trying to help you out and you're not listening. >> This is your vehicle, correct? >> Uh, yeah. >> Yes. >> Okay. >> So, you're going to stand here with the vehicle. >> I'm not going to drive it. >> You're not We're not saying you're driving. You're going to stand right there. They don't want you back here for 18 months. >> Okay. >> Okay. So, you can't come back. Otherwise, you'll be placed under arrest. You understand? >> Sir, I don't understand. >> Okay. So, now the fact of the matter, you're behind the wheel, my man, and you can't you can't legally drive. Period. You haven't had an arrest in a while. >> I'm not. >> You literally moved the car. The officer The officer was behind me flashing me. What am I supposed to do? >> To gain your attention, not for you to leave. >> I didn't leave. All I did was move the car. >> I know. You don't have a license. Period. You shouldn't have been behind the wheel to begin with. >> We went in for my wife. Do you understand the situation? I'm going through a plea. I already know I have a DUI. I know all that. I know that, dude. All I would When she came behind me, all I did was move the car right now. >> But you shouldn't have been behind the wheel. >> All I'm doing is waiting for my wife. >> What did you drink tonight? >> I had three um Oh my god. Vodka and cranberry. >> Three vodka. Yeah. And I ate I ate pasta. I ate bread. We've been here for >> And when you guys are leaving here, are you fixing to go home or you going somewhere else? No, I'm home. I took home. >> Well, I said, "Honey, pay the bill." And she started with disgrace. >> All right. So, listen, bro. Like I said, you was behind the wheel. That officer seen you. All right. You shouldn't have been behind the wheel, period. Legally, because you ain't got a license. And I also think that you might be under the influence. All right. Are you willing to do standardized field sobriety exercises? I know you already said out of your mouth that this ain't your first rodeo with DUI. Are you willing to do roadside exercises to dispel my concern that you're under the influence? >> A defrauding and inkeeper allegation under Texas Penal Code section 32.35. A bill of $243 43 places this squarely in class B misdemeanor territory punishable by up to 180 days and a $2,000 fine. However, the statute requires proof of criminal intent to defraud at the time of service, not merely a billing dispute after the fact. A customer who contests the amount owed rather than refusing to pay anything presents a materially weaker case for prosecution. The second situation, the male subject admitted a suspended license and was directly observed operating the vehicle by the responding officer. Under Texas Transportation Code section 521.457, operating a motor vehicle on a suspended license is a class B misdemeanor. Period. No intoxication element is required. The offense was complete the moment he moved the car. His state of defense that he moved the vehicle only because an officer was flashing lights behind him provides no legal exception. Texas courts have not recognized an emergency exception permitting an unlicensed driver to operate a vehicle in response to law enforcement signals. The third situation, the DUI investigation. The officer's probable cause was built on four independent layers. personal observation of vehicle operation, the subject's voluntary admission of alcohol consumption, his unprompted disclosure of prior DUI history, and observable impairment indicators across three field sobriety evaluations. Before administering those evaluations, the officer asked the subject to disclose any physical limitations. The subject identified a bad hip and knee. The officer adapted the exercises to a seated format, a modification expressly supported by the Nitsa standardized field sobriety testing manual. This step is not procedural courtesy. It is evidentiary protection. Administering standard balance exercises to a subject physically incapable of completing them would invalidate the evaluation entirely, exposing the resulting arrest to suppression under do and Nitsa protocol challenges. The adaptation preserved the probitative value of the FSE results. The consentbased patown though not legally required given the totality of circumstances under Terry v. Ohio was best practice. Verbal consent on camera eliminates any fourth amendment challenge and demonstrates professional restraint before the investigation escalates. If >> all right, dude, like first of all, all I'm carrying is my wife. Okay. I I don't understand that, dude. I hope Excuse me. I'm sorry. >> Okay. What is this you want me to do, man? >> All right. You got any medical condition with your eyes? >> I do have I have a I I take medicine. I have a bad hip. Okay. >> Okay. So, what's wrong with your glasses besides glasses? >> Just my glasses. >> Just glasses. I have >> You got a bad hip. You got a bad knee. >> Bad knee. Yes, sir. >> Okay. So, we're going to do some seated exercise today. All right. >> We're going to go ahead and just wait right here. Let me grab one of these chairs. >> All right. So, you go ahead and take a seat right here. We ain't going to do nothing balance related, nothing walking related. >> Take my phone in my backpocket. >> All right. So, go ahead and just take a seat right there. All right. First exercise, we're going to check out your eyes. All right. Okay. >> So, go ahead and just either put your glasses in your pocket, on top of your head, just not on your face. >> All right. >> All right. Go ahead and bring your hands down to your sides. >> Down your sides. >> All right. You see this red light? You're going to sit up straight. Don't lean back. Sit up straight. Yep. You see this red light? >> Mhm. >> Make your head level. Yep. There you go. You're going to follow this with your eyes only keep your head still. Do you understand? Mhm. Stay with it. Stay with the light. Lights over here. All right, for this next exercise going be the finger to nose. Do you know your left from your right? >> This is my left hand. This is my >> perfect. All right, so go ahead and point your fingers like this. When I tell you to begin, you're going to tilt your head back approximately 45° and you're going to close your eyes. Watch me. All right. When I tell you to begin, you're going to tilt your head back approximately 45 degrees. You're going to close your eyes. All right. Go ahead and begin. That means tilt your head and close your eyes. Tilt your head a little further. All right. Left. Bring it back down. Right. Bring it back down. Left. Bring it back down. Right. Bring it back down. All right, you can relax. All right, for this next exercise, go and bring your hands just like this. It doesn't matter which one's on top. When I tell you to begin, you're going to turn your top hand over and you're going to count one. Then you're going to turn it back over and you're going to count two. You're only going to count when your hands make contact. Just like this. One, two, one, two. All right. You're going to increase in speed on your own. You're going to increase the speed on your own, but you're going to make sure that your fingers and your hands remain parallel to one another. Just like this. Don't do it. Just watch. One, two, one, two, one, two, one, two, one, two, one, two, one, two, until I tell you stop. >> All right, go ahead and begin. >> One, two, one, two, one, two. Speed up. two one two one two one two one two one two one two one two one two one two one two All right for this next exercise go ahead and bring your left fist into your chest just like this like this right in the middle of your chest >> boy I'm sorry it's fine >> I wasn't expecting like all this over dinner now bring your right fist in front of it just like this all right Now, hold that position. Don't start until I tell you. When I tell you to begin, you're going to move your fists in a step-like fashion away from your body, just like so, making contact between your fists. One, two, three, four. The next part, you're going to remember the way your fists end up. Then, you're going to clap three times. Then, you're going to bring your fist back to the memorized position. Then, you're going to move them back in a step-like fashion towards your body. Again, making contact between your fist. Come on, get back in the start position, >> sir. Sir, one second, please. >> Yeah. >> You're giving me a lot of information right now. I get one, two, three. >> I'm going to show you. >> Hold on, hold on, hold on. Give me a second, please. I'm just being honest with you. >> Okay. >> Okay. >> I'm sitting in the chair because my wife's drunk. All right. So, one, two. >> No, no, no. You can't practice anything. Stop. Your hands have to remain like this. I can explain everything, but you can't start the exercise prior till I tell you. So, go ahead and get back in the starter position. You all right? >> No, sir. I'm not I I didn't do anything wrong, sir. I'm looking out for my wife. >> Well, like I said, I'm okay. >> You sitting in a driver's seat, sober or not, is wrong. You can't be in the driver's seat right now. >> All I'm doing is waiting for my wife, sir. Say, I'm waiting for I know I can't drive. Okay. Whatever. Whatever. All right. >> Do you not want to do this last exercise? >> I'll do it. >> All right. So, let's go and get back position because that that will be the exercise that you'll fail me in a restaurant. >> It's not pass or fail. >> Okay. Explain that. >> I'll explain. >> Give me a second. Just give me a sec. I'm sorry. >> You can put your glasses on. >> Sorry. No, I don't need my glasses. I don't can't believe this one is too matter. Don't worry about me. Okay, let's toss here. >> All right, go and begin. >> Begin. >> Yep. >> 1 2 3 4 5 6 7 8 Oh, no. I didn't clap and return. And then I missed the clap and return. >> All right. At this time, you are being placed under arrest for driving under the influence. All right, guys. Stand up for me. How? >> What do you mean? How? >> How? I don't understand. >> I don't, sir. I don't understand. Why are you doing this? >> What do you mean? >> What? Why am I being >> Why you being placed under arrest? >> Just stand right there. >> Well, that that officer to your right saw you driving. She literally saw you operating on flash to move. >> I did not flash you to move. I pulled in behind you and you took off. I didn't take I parked right there, >> right? >> I didn't take off. Oh my god. Regardless, you were driving. Oh my god. I'm trying to protect my wife. Oh my god. >> Oh my go Oh my. >> You got to be kidding me. You can't be do not. All right. Go ahead and take a seat in there. Hold on. >> He wants to say a couple words quickly. >> All right. He wants to say a couple words to you. >> Which words would you like to say to me? Your boyfriend or husband, whatever he is, to you. >> He's right here. >> What does he want to say to me? Thank you. >> I already told you about thising [ __ ] here >> that they're going to build. You lawyers are going to take over this. >> Go and bail me out. You go and bail me out. >> I'll bring you. >> All right. I'll see you later. >> I'm going to jail. I'm going to jail. Bail me the out. I'll talk to you later. >> Go. Go. >> All right. Ma'am, can you step away step away from the vehicle? Okay. Step away from the vehicle. You're good. Flink. All right. Can you open your purse for me? Let me just make sure you don't have any weapons. >> I don't have no weapons. >> I just have to make sure. Lord is I appreciate your help. Hold on. Hold on. Let me just pull it off your shoulder a little bit. There you go. >> No weapon. >> There is no weapon. >> That's fine. I just want to make sure before you get in the back. >> I have no weapon. >> I have to make sure Lordes cuz I don't know who you are and I don't want my partner getting hurt. >> Perfect. >> Thank you. >> Thank you. All right. Go ahead. Have a seat. Easy to get in. Oh, you're so behind. You're all behind. >> The seat belt's right there on your left side. If you can put that in. >> Yeah, you're so behind. You guys are so behind. >> Okay, here you can put your feet. >> I will put my foot there. >> Perfect. >> Y'all are so behind. Gosh. >> Okay, swing your legs around. >> It's taking so long. >> Come on. Come on. Come on. >> Taking so long. >> Yeah, I know. >> Put the seat belt on right there. >> Yep. Sure. >> Come on. I I'll follow you over there. >> One procedural gap is visible on camera. No Miranda advisement was audibly administered following the arrest announcement under Miranda versus Arizona. Custodial interrogation after arrest requires prior advisement of rights. Any statements made by the subject after being placed in the patrol vehicle without Miranda are suppression vulnerable. The trespass notice issued to the female subject satisfies Texas Penal Code section 30.05. The statute requires that the person received notice that entry is forbidden. Verbal notice delivered by an officer on behalf of the property owner communicated on camera with the subject's acknowledgement meets that threshold. Any return to the premises constitutes a separate criminal offense. Officers receive an A minus. The DUI probable cause record is multi-layered and clean. The decision not to arrest for defrauding an inkeeper once payment was secured reflects legally sound and tactically mature discretion. The Miranda gap prevents a higher grade. The female subject receives a C plus. She created criminal exposure through conduct that had a straightforward civil remedy. Ultimate compliance prevented arrest, but only after exhausting every available warning. The male subject receives a B minus. His legal jeopardy was entirely self-created. Cooperative conduct throughout the investigation is the only meaningful mitigation. The restaurant receives a B+. Clean officer communication and sound trespass enforcement strategy with minor internal coordination gaps that did not affect the outcome. Key lesson. Prosecutorial discretion is not a weakness in enforcement. It is precision. Texas Penal Code section 32.35 was legally available here, but pursuing it after voluntary payment would have produced a weak case on intent and a strong civil liability exposure for wrongful arrest. Officers who understand the difference between what the law permits and what the law requires make better charging decisions and build stronger cases on the charges that actually stick. 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 more police interaction and courtroom content.