Okay. Okay. >> All right. Then don't stop playing at it then. >> Stop. Please stop playing games. >> Can you not be such an ass? >> Really? >> Yeah. >> Yeah. >> Relax. >> Garden traffic 17 97. It's going to be at pump number three. And he is swamped over. >> January 5th, 2025 officers responded to a gas station welfare check in South Florida. The encounter produced five legally distinct issues. Each arising independently before a single field sobriety exercise was complete. >> 48. >> He is breathing but he's not responding. I'm going have to open his hand. Hello. How you doing today? >> Hello. Where's the off button? Officer Marsh, what's going on today? >> What's your name? >> You're completely knocked out. What's up? >> Do you speak English or Spanish? >> Espanol. >> Probably a translator. >> Uh, step out of the car. >> Step on out. Nope. Nope. Okay. >> Out of the car. >> Exit the vehicle. $3,94. >> I already turned it off. >> Good. >> Nope. Come on. >> Nope. I will pull you out. >> Let's out. >> Get out of the car. >> Get out. >> Get out. >> Get out of the car. >> 17. >> Go ahead and have rescue. >> No, no, no, no, no, no, no. >> He's >> I'm He's He's >> I'm having rescue. >> No, cuz they're going to take him. He's not injured. He's just He's just very signal to >> cancel it then. Traffic 15 66 rescue. It's extremely signal too. And I need a Spanish speaker, please. Speaker available in 5 days. Do >> you have a lensia license? All right. Sweet. >> You go. >> So, what we're going to do is we're going to go sit down on that bumper over here. We're going to go sit for now cuz you are having a very hard time standing. Right over here. Sit and sit right here. Sit. Come here. Sit. Sit down. Just sit susastoves. How many How many beers have you had? That's not one. You've had much more than one. Be honest with me. >> No English. Nothing else. No. >> So, I'm at least fairly certain that you have a little bit of English proficiency. You I'm sure you already know what's happening here cuz you have prior. You and I both know you have prior, right? You've been arrested for a DUI before. I'm once my partner gets here, I'm going to have her translate in Spanish just in case. I'm going to ask you to participate in some standardized field sobriety exercises to determine your ability to continue going home. You've already resisted me once when I tried to get you out of the car. You tried to start the car and pull away and you pulled away from me while I had your arm. >> Yeah, I have it on camera. My camera's been on since the moment I got here. Okay. I'm giving you the opportunity to make make the smart decision today. Save yourself. Otherwise, we're just going to Otherwise, I'll do what I have to do. I'll wait till my Spanish speaker gets here so that way we're doubly certain that you understand. And your balance is so bad that you were the first person since my that I've had sit on the front of my bumper because I'm concerned that you're going to fall. That is how that is how bad that you're watching this. Okay. I'm not saying that lightly. You were passed out at the wheel. You have an open container of four logos in your in your center console. Did you just get done playing baseball? You just get done playing baseball. You have baseball bats back there. You don't play baseball. Kids >> kids play baseball. >> Where do kids go? They go to school. >> Royal Pal. >> Royal Palm. Were you going to pick him up? >> Oh, yes. >> You're on your way to go pick up kids? >> Yes. >> Okay. >> Where do you live? >> You live in Royal Palm. Okay. How long you've been living there? Long time. >> 13 years. >> 13 years. >> Is English limited of understanding? Cuz you understood what I was saying there. So, we just need clarification. I'm being serious. I'm having a conversation with you just about random things. >> Yes. Yes. >> Okay. All right. >> Yeah. Enough verification. I don't like games. No. Thank you, man. Appreciate you. >> So, this is Hugo. Okay. >> I'm officer Khan. All right. I'm going to be the I'm the investigator for this so you understand why we're here. Okay. We got a call from a passer by in here that you were passed out of the wheel and moving container. SL >> my partner saw you at the wheel as well >> banging at the window and he didn't answer he didn't respond body cameras all over all everything that we've seen from the moment we got here is audio and video recorded okay so I have reason to believe you are under the influence of an alcoholic beverage and or chemical control substances reason why I believe that is because you have low peak skin I already told you you can walk you're one of the first people I've ever sat down on my bumper because of how concerned I for your impairment level. All right. You got one shot watery eyes. The fact that you're asleep at the wheel with an old container next to you just add more. All right. No. Okay. Okay. I only walk away. >> All right. That's the second time you resisted anything. >> What? >> The second time you've tried to pro you tried to put keep yourself away from my presence. >> Second time. >> You tried to close the door. You tried to tried to close the door on us and you tried to start your car, >> which that is if you did that, that would have been a very bad situation for you. Okay. You are very lucky. I never tried that. >> Okay. >> So, >> we just need clarification. >> Yep. >> All right. So, at this point, I'm going to ask you to participate in some in some standardized field sobriety exercises to determine your level of impairment, your ability to drive home. Refusing to do these, I'm giving you your tailor warnings. >> You what? What was that? You don't want to go home. >> You do or don't. >> You do want to go home or you don't want to go home. >> I am asking you to participate in the standardized field sobriety exercises or tasks to determine your ability to continue driving today. >> Will you participate? Yes or no? >> Yes, you will participate. >> I need a yes or no answer. >> Okay. Is not yes or no. I need yes or no. Okay. See or no? >> I need I need a yes or no answer. >> You want to explain it to him of the field exercises if he's willing to do that? Yes or no? >> Okay. Okay. >> All right. Then don't stop playing it then. >> Stop. Please stop playing games. >> Can you not be such an ass? >> Really? >> Yeah. So yeah, >> relax. >> Just stop. >> You're playing games with us. I've done this long enough. I don't I don't >> I think I know this enough. Thank you. >> All right. You have priorities. I'm aware you know what this is. >> Okay. So, I need a yes or no answer. If you're going to participate, that's a yes. >> Okay. >> All right. So, what I want you to do is stand up straight with your feet. It's your It's a >> Huh? Not leaning on the vehicle though. >> Not leaning on the vehicle. Step away from the vehicle. >> All right. Put your feet together with your ankles and your toes touching. >> I can't even do it. So over there. So >> what's your point? >> Feet together with your ankles and toes touching. Bring your ankles and toes together. >> Ankles your ankles and toes aren't together. Still have a three gap between your feet. Bring your feet together like mine. Like mine. There we go. Hands flat to your side. You see my finger? >> Yes. >> All right. So, what I would like you to do is you're going to follow this my finger with your eyes and your eyes and don't move your head. Do you understand? >> Do you understand? >> Yes or no? >> Yes. >> Okay. >> Please don't move your head. Following it. Mhm. Falling it. Falling. Come on. Keep following it. You keep looking away. Go down. Up. up and make a circle around your face. Bring my finger into the bridge of your nose. Okay. >> Okay. Just relax. >> There you are. >> Stay right there. >> Lawful basis for contact. Officers responding to a welfare call operate under the community caretaking doctrine established in Katie versus Dumbasski. No warrant is required. No probable cause is required. The call itself authorizes the approach. What officers observe upon making lawful contact then becomes the foundation for the criminal investigation. The second actual physical control. Florida statute section 316.193 defines DUI as driving or being in actual physical control of a vehicle while impaired. Florida courts have consistently held that a person seated in the driver's seat of a running vehicle satisfies this element regardless of whether the vehicle is in motion. The subject was unconscious at the wheel of a running car. The DUI statute was triggered before officers said a word. The third probable cause established without FSES under the totality of circumstances test from Illinois versus Gates. Probable cause does not require a single completed exercise. Four independent observations were on camera before FSE began. The subject unconscious at the wheel, an open container in plain view, bloodshot, watery eyes, and an inability to walk without risk of falling. Any one of these factors contributes to probable cause. Together, they satisfy it completely. The open container a fear loco in the center console also creates a separate chargeable offense under Florida statute section 316.1936. independent of the DUI. Its presence in plain view from the driver's window triggers the plain view doctrine under Horton versus California. No warrant was required for observation or seizure. The fourth language access and FSE validity before administering any standardized field sobriety exercise. The officer requested a Spanish-sp speakaking officer. This is not procedural courtesy. It is constitutional compliance. Under Department of Justice guidance on limited English proficiency, law enforcement must take reasonable steps to provide meaningful language access during critical interactions by ensuring the subject understood the investigation and FSE instructions in Spanish. Officers protected the admissibility of every subsequent step. This single proactive decision is the most important one in the footage. The HGN evaluation produced formal documentation on camera, lack of smooth pursuit, sustained a maximum deviation, and onset of nestagmas at approximately 10°. Normal nestagmus onset occurs at 45° or beyond. Onset at 10° is consistent with a blood alcohol concentration significantly above the legal limit of 0.08. This result alone, documented precisely on camera, would support a DUI prosecution independent of everything else. Subject had a lack of smooth pursuit distance and sustain nestagmas at maximum deviation and onset of nestagmus at approximately 10°. Here you go. Come here for me. >> Please. He's ready for you now. >> Come over here and stand. See the See this line of tape? What color is it? >> What color is the tape? What color is the tape? >> I don't know. Just All right, I'm going demonstrate as best I can. I got a car in front of me. One, two, three. Simul turn. One, two, three. Simulating your ninestep. The exercise is complete. Do you have any questions? No. Do you understand everything that I demonstrated? Explain to you. Do you remember what my instructions were? What? >> Do you remember what my instructions were? >> No. >> No. Okay, >> fine. We'll move on to the next exercise. >> Do you feel like you satisfactory satisfactoryy completed the exercise to the best of my the best of my instructions? >> No. >> No. Why don't you feel that way? >> Because even when we can do this, I can even [ __ ] do this on a regular day. So, what's the point? >> Okay. My son plays baseball and do this, do that. >> Get the ball. Get down. >> I can't [ __ ] do that. >> Okay. >> So, what's your point? >> What's your point? >> What's the point of this is to determine whether or not you're capable of driving. It's divided the time. >> I don't want to. If anything, let my ass take a Uber. >> We're beyond that. You were already passed out at the wheel. >> I'm going to ask, are you going to continue participating in my exercises? Yes or no? >> Do you want just to arrest me and just, you know, get your pay job? It's >> yes or no. >> Is that what it is? >> Do you want to continue participating in my exercises? Yes or no? >> Take my ass home. >> All right. At this time, I'm considering your refusal. You are under arrest. Turn around. Put your hands behind your back. >> Don't fall. Really do not want you falling. >> Well, you asking me something, right? Put your fingers together like you're praying. Put your hands together like >> All right, we're going to go back to the back of my car. Darren, do you have large gloves? >> Do you have large gloves? >> Yep. This way to the left. >> Appreciate it, buddy. Thank you. So, what was it? >> You're under arrest for DUI. >> Traffic 15. I'm going to be primary changes to a signal 1 and 1039 the bat. We're going to have to call their on call number. >> Thank you. >> Go on, Edra. Hey, Crystal. >> Yeah. >> Is Beef going to be comfortable with you coming down with me just in case for the for the translation purposes? If plays games, >> I'll give him a call. >> I'll go and check everything in the car. Um cuz there's a large cup in there, too. They put keys on him by chance. The four locos is old. >> The fifth, the spontaneous Uber admission. During the FSE sequence, the subject stated, "Let me take a [ __ ] Uber." This statement was made before arrest before Miranda and was not the product of any question by officers. Under the spontaneous utterance doctrine, voluntary statements made outside custodial interrogation require no Miranda advisement and are fully admissible. The subject voluntarily acknowledged he was too impaired to drive. That admission is now evidence. The FSE refusal itself carries no direct criminal penalty in Florida. Field sobriety exercises are voluntary. However, refusal is treated as a consciousness of guilt inference admissible at trial. More significantly, Florida statute section 316.1 932, implied consent, governs chemical test refusal, not FSE refusal. If the subject refused a breath test post arrest, that refusal triggers a one-year license suspension for a first refusal or 18 months if prior DUI history is confirmed. Officers receive an A minus. The welfare first approach, proactive Spanish interpreter, precise HGN documentation, and on camera probable cause narration collectively produced one of the strongest DUI evidentiary records in this format. The deduction, Can you not be such an assible on camera, falls below professional communication standards, and provides a civil complaint foothold. The subject receives a D+. Unconscious at the wheel, open container, prior DUI history, children in the pickup plan, attempted vehicle restart during initial contact, FSE refusal, and a spontaneous impairment admission. Every layer of his legal exposure was self-generated. The only credit, he complied with the arrest without physical resistance. Key lesson, do I probable cause does not live or die with field sobriety exercises. FSES are offered as an opportunity to demonstrate sobriety, not as the exclusive path to arrest. When an officer can articulate four independent observable indicators of impairment on camera, each standing on its own legal legs, the FSE sequence is supporting evidence, not the foundation. Refusing the exercises eliminates the only opportunity to challenge what the camera already recorded. 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.