Very successful. I'm an amazing dentist. I make like 500 I make half a million a year. I'm fine. I'm just like I like I'm I'm an actual like physician doctor in this town. So it's like really embarrassing. Can I really go home hopefully? >> You what? >> Can I just like really go home? >> Yeah, just need your registration and insurance for the car. >> in the car. >> Yeah, okay. You can get it. >> Frozen. I don't drive. So I wasn't planning on driving. I like came out because I saw like it got crashed into. >> Wait, your car was crashed into? >> Yeah. >> Who was driving? >> It was probably outside. >> Huh? >> I was told that it got I wasn't driving. >> This car backed into that car, right? >> Um I was told that it got crashed into and then I came out to leave. >> Okay. Well, we still need all your stuff to do an accident report. Do you not know where the stuff is? Whose car is it? >> I don't know but I just like purchased it like maybe a few months ago. >> Do you have car insurance? >> Yeah. >> Is it I mean I don't know where you keep it. >> I don't know where I put it to be honest. >> What did that person say? She backed into the back car? >> I would just I didn't The only thing I asked him was to confirm that it was his. >> I think this is probably my This is like the best I have. But I'm barely I'm like a very secure person. So I like to like have everything. >> Wait, so I don't understand. You're saying that somebody else got in this car and moved it? >> No, I'm saying that like everything was fine and then we were like heading back home and my friend was going to drive home, and then everything >> Well, where's your friend? >> In that car. >> She was she backed into that car? >> Yeah. >> Well, where is she at? We need her. >> Well, it's fine. I I got this, so yeah. I'm going to take responsibility. >> Who was driving the car? >> Who really did it? Who was driving this car? >> Me. I'm going >> Okay, well, why are you saying your friend? >> I'm going to take responsibility. >> I don't understand why are you driving or is it somebody else driving that's in the car? >> No one. No one was taking responsibility. >> Who was in this car and backed into that car? >> Either me or my friend, to be honest. >> Well, somebody got in this car and it moved. So, who is in the car? >> Um me or my friend, but either of us are taking responsibility. Okay. >> Yeah, myself. >> There's only one answer. Somebody was in the driver's seat of this car and backed into that car. Who was in the driver's seat of this car? Okay. >> Yeah. >> I don't understand why you're being >> Was your friend in the car? >> No. >> Okay. >> And I'm heading back home so >> I don't understand why why it's a hard question. It's not a hard question. >> It is a hard question because if you actually ask for an answer >> I don't even understand what you're trying to tell me. >> I think it becomes complicated because I'm also a doctor and then it makes myself complicated. So, I don't want to be like >> Step over here. >> It makes things more complicated cuz I don't want to like Yeah. >> Come over to this sidewalk. Well, you're not being [laughter] honest with me. I know, I'm trying to decide if you said you if you were driving and you backed into this car or you said your friend was. So, I need your answer of what's going on. >> I mean, I don't think that like anything happened to all of us, though. >> It's just a minor. That's why I don't understand why you won't just tell me what happened. understand >> How do you not understand? There's a probably a camera right here. And if you're not honest, then Oh, look. Somebody backed into that little car right there. >> It was not me. >> Was it this car? >> For that damage? No. Definitely not. >> How do you think so? >> For me? For that damage? Cuz it had to be extreme. >> No, it doesn't. What? There's a mark right on your bumper. >> Well, then maybe maybe you're right, then. >> Okay. How much did you have to drink? >> I had two martinis. And I wasn't planning on driving home, so I was going to stay here and Uber. So. >> Well, then how did the car move? >> My friend. >> You keep saying that. Who was in the car driving? If you're not honest, then we're going to move further here. >> I'm not going to tell you who was going to drive the car home. >> Well, somebody was in this car and drove into that car. >> and I'm not going to tell you who cuz that looks worse on me. >> We can go about this a couple different ways. >> Oh god. Um >> They only really escalate from here. >> Yeah, I know. I'm a dentist. I do teeth. I'm in this area, so I really can't. I don't want to look bad, so. >> What do What do you mean you don't want to look bad? Someone of you drove into that car. >> I know. >> It's a minor accident. It all would be in an accident report. But with you being dishonest with us, >> I know. >> then there we can escalate things. So, this could be over in 2 minutes, or we can go get a camera and figure out who was driving. >> Just say it was me. >> We're going to look at the cameras. If you Was it you or was it not you? >> friend. It was one of the two of us, so. >> How do you not know? >> I don't know. I don't know. There's a lot of things going on. >> Wait, I mean, so this is like a traffic offense? >> Yeah. >> Could it be getting into a criminal offense? I >> it's definitely not criminal. >> It is if you lie to us about a basic No, I'm not lying because You are lying. You're saying I don't know if I was driving or somebody else was driving. >> can't remember. You guys are asking a lot of questions. >> It's It's We're just trying to figure out who was driving this car that backed into that car. It's not a hard question. >> Margate, New Jersey. Officers respond to a parking lot collision. The registered owner is on scene and about to make every mistake possible. Issue one, false statements. This was a civil accident inquiry, not a criminal stop. The subject had no obligation to speak. Once she chose to speak, every word became admissible. In 90 seconds, she produced three contradictory accounts of who was driving. New Jersey law prohibits false reports to law enforcement. Although not charged here, those contradictions are now part of the evidentiary record. The correct move was to say nothing. The Fifth Amendment applies before arrest, not only after. >> Yeah. >> So, at this point now, with you saying you you know, you were the one driving and everything like that, I just want to check to make sure that you're okay to even operate. Okay, whenever you're comfortable you may begin. >> Where you going? Did you demonstrate it? >> I did, just as instructed. 1 2 3 4 I got my time. >> Did you demonstrate your heel-to-toe steps? >> Yes. Show me. >> I already did that. >> Next test is the >> It's cold. >> Next test is going to be the one leg stand, okay? >> Just 1,000, 1 1,000 2. >> Wait till he tells you to start. >> So on and so forth until I tell you to stop, okay? All right, it's important to remember keep your arms down your side. Keep that foot elevated parallel to the ground, 6 in off the ground, okay? You're going to look down at that foot and count out loud in the manner that I described to you, okay? Okay, you may begin. >> 1 2 >> Foot parallel to the ground. >> 3 4 5 6 7 8 9 10 >> All right, you can you can stop. Do you have a phone anywhere? Is your phone in the car or do you have a phone in your purse? Do you need anything out of your car? >> Probably in my car, yeah. >> Your what? >> No, I don't have it with me. >> Your phone? >> No. >> Is it in the car? >> Probably, yeah. >> Where are your car keys? >> Probably with my friend in the car. In my aunt's purse. >> Who's your friend? >> Devon Hassinger. >> All right, well we need to get the keys to your car. And you need your phone Who Your phone's in your car. Did we take pictures of the damage and everything? >> I think we got all of it. >> It's that extreme? >> You're being arrested for driving while intoxicated. So yes. >> She's the She's the RO for that car, too. So Just Can you grab this purse? >> Let me hold your purse, please. >> Yeah, it's going to stay with you, okay? >> Good. >> Turn around. Back facing me. >> We were saying >> She's out of the passenger side. >> Call it Francis. He's on. >> Here are two of the two FSTs. Follow my instructions. If you do not properly perform the test or do not provide sufficient breath samples, I will charge you with refusal to submit to breath testing. I repeat, the law requires you to submit samples of your breath for testing. Will you submit the samples of your breath? >> No. >> Now I ask you again, will you submit to breath testing? >> No. >> Issue two, SFST as probable cause. The Supreme Court held in Terry versus Ohio that officers need only reasonable articulable suspicion to extend a stop into a DWI investigation. The subject's voluntary admission of two Martinis supplied that suspicion immediately. Officers then administered two federally validated field sobriety tests. A New Jersey Appellate Court established in State versus Sherwin that officers must substantially comply with federal sobriety testing standards for those results to be admissible. The walk and turn produced multiple clues, failure to maintain starting position, inability to follow multi-step instructions, loss of balance. The one-leg stand added arm raising for balance a fourth validated clue. Two or more clues combined with an alcohol admission establishes probable cause for arrest. Issue three, refusal to submit to chemical testing. This is the most consequential decision of the entire encounter. New Jersey's implied consent law holds that any person who operates a motor vehicle on public roads has already consented to breath testing. Officers read the required standard statement on camera twice. The subject refused both times. Under New Jersey law, refusal is an independent criminal offense. First offense, 7 to 12 months suspension, mandatory program enrollment, and ignition interlock on top of any DWI conviction, not instead of it. Minutes after refusing, the subject volunteered that she believed she would have tested below the legal limit. The New Jersey Supreme Court established in State versus Chun that a refusal conviction requires proof the defendant understood the request and declined anyway. She provided that proof herself. What I'm sorry, what was that? What did you say? >> I just got a lot to myself. >> You have a a lot what? >> To figure out myself with everything going on. It's a lot. >> You have you have family you can talk to and >> Obviously, yes. >> Okay. >> I have a lot on my hands to figure out. >> You don't want to hurt yourself, do you? >> No, obviously not. No, I'm very successful. I'm an amazing dentist. I make like 500 I make half a million a year. I'm fine. I'm just like That's why I drive a Porsche. I'm just like I'm fine. It's just like >> [snorts] >> It's a lot going on right now. So, this is like the last thing I need. >> Now, for tonight, um obviously, you refused to give us breath samples, but you're under arrest for DUI. You have to have someone come pick you up, or you have to wait here a minimum of 12 hours. We can't just let you go without you being released to someone. >> Okay. >> Now, this person [snorts] has to sign a form that says if you get behind the car wheel of a car and you drive and there's something you're you know obviously you get pulled over whatever else then they get charged with uh you know the offense as well. >> Everyone I know that I would have like signed into this is like going into the police academy with in this year. >> Okay. So >> I feel like I'm I'm an actual like physician doctor and this sounds just like really embarrassing. >> Just to reiterate for tonight we want you to be able to get home and kind of decompress a little bit. So just start thinking of someone that is not intoxicated that will be able to >> she's like 3 hours away. >> A- any other friends or an adult responsible adult that hasn't been drinking tonight? Okay. >> No I like live in a town where I work in and then it's like everyone around me like I'm like the doc the main person so this is kind of embarrassing so. >> I don't understand. Everyone's out with you tonight is what you're trying to say? >> No it's I normally don't go out ever. >> Okay. >> So this is like a new thing for me and my mom like called me tonight and was like what are you doing da da da. So she's like 3 hours away from me. >> Okay. Dad? >> Dad died last year. >> Sorry to hear that. Um a friend? Any other friends? >> She's out with me tonight. >> She's out she's been drinking okay. Any other friends acquaintances someone that >> Ev- mhm you can ask people on the police force they were all out with me tonight. >> Okay. More gay please. >> Yeah. >> Okay. We'll have we'll call your mom. We'll see how quickly she can get down here. >> mom and she cannot If you don't look I'm not forcing you to call anybody I just I'm trying to explain to you I'm just trying to explain to you the alternative is You have to be here till 1:00 in the afternoon tomorrow. >> Okay. >> So and that's in the cell. >> Okay. >> Make your call no text whatever else just call whoever you got >> phone call? >> Yeah. >> Well, it's like 2:30 in the morning. He's supposed to wake up? >> Yeah. >> Okay. >> I mean a text message no one's going to More likely to wake someone up from a phone call am I right? >> So what am I What am I supposed to tell him like pick me up from what? >> 111 North Dekalb Avenue. >> Yeah. >> At the market >> Market Street Police Department. >> Okay, he'll know he's a cop, right? >> Yeah. >> That's just on today's date, right? Cuz it's all it's all good. >> Yeah. >> Okay, this time. >> Hi Francis. I was I was just arrested. I wanted to see if you could come I'm being serious. I know it sounds like a joke, but I wanted to see if you can come pick me up. >> Uh I can get you at 5:00. >> At 5:00? >> Yeah, I got I can get you at the restaurant. >> Um can you talk to the officer about it? >> Yeah. >> Okay. Can you talk to him? >> Okay. You got it. Yeah, what's >> Hey, it's Officer Mazziotta. >> Hey sir, how are you? >> Good. Uh it was DUI. >> DUI, okay. Um I get off here at 5:00. >> Okay. >> Um unless she can't get somebody >> No, she you're your first call so is there someone else you want to call? Okay. She said you're the guy um And obviously you know the the potential liability and whatnot. >> Yeah, yeah, I'll sign it. >> Okay. Yeah, I mean we can accommodate her till 5:00. Um >> All right. Um what what station or where are you guys at? >> Margate. >> Margate. >> Yeah. >> All right. >> Do you know what Do you want the address? >> No, I know where it's at. >> Okay. All right. >> All right. Thank you. If you haven't found anyone else, um just you just call my phone, I guess. >> Okay. >> All right. I'll see you guys. >> See you. >> It's that him? >> It's too bad cuz it's literally his birthday. >> Sounded like he was working. >> I know, he is working. >> Oh. >> Yeah, I'm taking him to his like birthday dinner. I even like reserved a like giant reservation for him and all his friends at Steven Cook's tonight, so >> Mhm. >> [clears throat] >> I feel a little bad. Yeah, no, this is not ideal. He's like my good friend, but this is not good. I'm not >> Don't worry about the times and stuff cuz you're going to input this on online. This is just going to be your temporary suspension of your license. >> this going to go into like my like medical >> I don't I don't know how that works. >> Like is like people are going to see this when they like >> Just focus on what we're doing. >> Yeah, this is this is just for This is just us. This is our departmental stuff, okay? >> I should get in. >> All right. Are you going to sit? >> No. I think if you were to breathalyze me, I'd be like point I think I would be below the legal limit, to be honest. >> Outcome: three charges filed, driving while intoxicated, refusal to submit to chemical testing, and reckless driving. Sentence: 12 hours at an intoxicated driver resource center, a 3-month ignition interlock requirement, and $640 in fines. Margate PD A-minus. Professional composure under sustained provocation. Sobriety tests administered in substantial compliance with federal standards. Implied consent warning preserved on camera, securing the refusal charge. Minor deduction. Officer spent too long on the civil accident question before pivoting to the DWI investigation. The subject D plus, she arrived facing a minor civil citation. She left with three criminal charges, two of which she created entirely through her own conduct. The contradictions built an admissible record of deception. The refusal added an independent offense. The post refusal admission eliminated her defense. So credit. She complied with the physical arrest without resistance, preventing the situation from escalating further. Three lessons. One. Voluntary statements made outside of custody carry no protection. When facing any police inquiry, silence is always the safer choice. Two. In implied consent states, refusal is not a defensive strategy. It is an additional charge with near identical penalties. Three. Anything said after a refusal can be used to prove the intent required for the refusal offense itself. Post arrest silence is not just a right, it is strategy. Let us know what interactions or legal topics you would like covered in the comments below. Thank you for watching. Don't forget to check out our second channel, street body cam, for more police interaction and courtroom content. >> Are you under the care of a doctor? >> Myself, yeah. >> Just just yourself? >> Yep. >> No, nothing for like medicine, anything else? Just >> Okay.