279. >> Hello. I'm off police department. >> Hello. >> I stop for your speed and not using your turn signal and waving. >> I understand. >> Okay. Radio. >> Where you? >> I live right there in that apartment. >> Where you coming from? >> Um like 911. It's like Cleveland Heights right down Cedars. Okay. I have to pee really bad. >> Where were you coming from exactly? >> Um the Moroi. You know where it is? >> Moroi? No, I don't know. >> It's in Ble um Beachwood right next to Cleveland Heights High School. >> Okay. All right. >> I think that's the same route. I'm not sure. >> About how far away is that? >> Um it's like 5 10 minutes. >> Okay. Do you know how you you would get there? >> I have a plane for you. >> Down Cedar. >> Okay. Did you go on Mayfield by chance at all? No, I've been down Cedar the whole time. >> Okay. Do you have your driver's license, insurance card with you? >> I live right there in that the Vantage park. >> I really bad. I'm so sorry. >> You had anything to drink tonight? >> Is it a Toyota? >> I had like a shot or two. >> Sorry. Say that again. >> Toyota. >> I'm sorry. I was just trying to listen to the radio. Can you say that again? >> I had like a shot or two. >> A shot or two? >> Um, Moroi. >> Okay. >> That's where I just came from. It's like right now. It's in Cleveland Heights. >> Okay. How long do you think that was ago? >> It's not that far ago. It's like right before I left. So, I haven't been driving for that long. >> Okay. How long when was the last time you had a drink, you think? >> I'm like 5 or 10 minutes away from the Moro. >> Okay. So that's how long ago. This is my driver. >> Okay. Then you have the other thing I asked you for >> my insurance. >> Yeah. >> I don't have that on me. >> Okay. >> It's not I don't have the insurance card on my phone. >> Okay. You don't have the insurance card on your phone or >> No, it is. But it's I'm pretty sure it's not on my phone because I just renewed it. >> Okay. All right. Give me just a second. Where's the damage supposed to be? >> I don't know. >> I have a feeling that that threeletter combination is probably quite common for like two dealerships like 65 70. >> You know what I mean? You know how like Lexus is all LEX in the front and >> uh include the lights. >> So not even the same direction or I didn't really >> Yeah. >> Oh, you think it is the same? Yeah. Ah, >> I'm not going to lie. I be on the I be on social media a little bit too much. So, I'm a little nervous. >> Cuz you're what? What? >> I said I be on social media a little bit too much. So, I'm a little nervous. >> That's okay. >> Where would the damage be? on the front from from home. >> Okay. There's there's definitely stuff over here. >> Did you hit anything on the way home? >> No. >> Are you sure? >> Yeah. >> Cuz there's a bunch of damage over here. >> Where? >> Hello. >> Coming off a while, man. >> I haven't hit any driver >> and the bumpers. >> Yeah, I guess so. The car matching this description with your partial license plate like I guess was involved in some title and all of that. >> Okay. Yeah. No. Yeah. Yeah. Yeah. We your car in park, right? >> I literally live right there. I didn't. >> Okay. Well, we'll figure it out. It's just that's all they said, but they gave a description of the car and said they was involved in it. Might not have been you. >> Okay. I'm not saying I was >> Oh, no. Yeah. Oh, yeah. >> Yeah. We're not saying for sure. For sure it was you. We're just trying to figure because your car matches the description exactly. So, all we're going to do is just figure out, make sure it wasn't you, and then you'll be good to go. Like, that's all we're doing right now. Like, we're not like 100% saying you did nothing. Like, >> no. >> Well, just checking things out cuz that's what >> I understand. I'm saying I will give you everything you need. >> Yeah. No, you good. So, give us like two seconds. We're going to get a hold of them and figure out why they're trying to say that a car that exactly like just did something over there and then we'll rule it out. Okay. >> Okay. All right. I'll in the meantime, I'm just going to ask you a few questions. Okay. Just so I know you're safe to drive. >> I'm going say is it I don't know if it's safe, but like is it safe for him to use a mat or have to be really bad? >> You're not going to be able to right now obviously. Okay. So, let me ask you know the English alphabet, correct? >> Yes, sir. >> Okay. Can you say it? State it without singing it starting with the letter D as in dog and ending in Q. On an early morning in the Cleveland Heights area of Ohio, police spotted a dark-coled Toyota sedan speeding, weaving between lanes, and failing to signal. The officer initiated a traffic stop that quickly evolved into a DUI investigation involving suspected drunk driving, possible hit-and- run involvement, and standardized field sobriety tests. The traffic stop was legally justified based on observed violations of Ohio traffic law under Ohio Revised Code section 4511.25. 25. Drivers must maintain their lane. The officer observed the vehicle weaving between lanes, providing probable cause for the initial stop. When asked about alcohol consumption, the driver voluntarily admitted to consuming a shot or two at a bar approximately 5 to 10 minutes away. This voluntary admission made without Miranda warnings is legally admissible. The Supreme Court held in Burkimer versus McCarti that routine traffic stops do not constitute custodial interrogation requiring Miranda warnings. >> A B CDE E F G H I J K L M O P Q R S T U V W X Y and Z. >> Okay. Do you remember what the instructions were >> as far as what >> what I just told you? >> You asked me about starting with the letter D. >> Okay. So start I want you to say the alphabet again but starting with the letter D and ending with the letter Q. Do you understand it >> what I'm saying? >> I understand. Okay. >> However, >> I am a mother of kids. So I'm not going to start there. I'm not going to lie to you. A B C D E F G H I J K L M L M N O P Q R S T U V W X Y Z. Okay. >> Do you know you can count right? >> Yes. >> Um can you count backwards starting with the letter 65 and then ending with 49? 65 64 63 62 61 60 59 58 57 56 53 52 51 50 49 48 47 46 6 45 44 40 Am I allowed to answer that? >> No, you just leave it for now. >> Okay. 40. What was I at? 44. >> Yeah. 43 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 20 You want me to keep you going? Wherever I told you to stop. >> I don't remember. I'm just counting at this point. >> I told you to stop at 49. You got the >> Okay. I started I 26 25. >> Well, do you remember what the instructions were? Count down from 65 to 49. >> And you stopped at 26. >> 26 25. >> Okay. I don't want you to keep going. Okay. I'm going to ask you another another uh test, I guess, to make sure you're okay to drive. I'm going to demonstrate it to you. Okay. Okay. >> And I'm going to ask you to perform it exactly how I was I'm doing it. Okay. I'm going to touch the tip of my finger to the tip of my thumb. Hold on. I'm starting with my index finger. Okay. I'm going to go and I'm going to count out loud. Just watch how I do it. 1 2 3 4 4 3 2 1 1 2 3 4. >> Now you know. >> Do you want me to do it again? >> Yes. >> Okay. It's going to go back and forth three times. And you go 1 2 3 4 4 3 2 1 1 2 3 4 >> Okay. I don't remember exactly, but 23 22 21 20 and then you went backwards. 19 18 17 16 and you kept going. I don't remember exactly. I'm not going to lie. >> You want me to do it one more time? >> Yes, sir. >> Okay. I'm going to go touch the tip of my fingers to the tip of my thumb. Starting with my index finger. I'm going to go 1 2 3 4 4 3 2 1 1 2 3 4 >> 1 2 3 4 4 3 2 1 1 2 3 4 >> Okay. All right. Um, is your phone on? >> That's my phone that's ringing. >> Okay. All right. Uh, just give me a second here. We'll be right back with you. Okay. >> Okay. Yes. >> All right. >> I don't I wouldn't pull me over and I'm literally right in front of my apartment. >> Huh? >> Yes, I'm right in front of my apartment. Social media. >> You're scared of social media. Why are you scared of social media? >> Because social media, >> you watch it too much, it fries your brain or what? >> Huh? >> Fries your brain or what? >> Social media search. >> No offense to you, but I'm just saying. >> I don't take offense. That's your opinion. >> I would feel safe with the police. >> I would I call them when I need help. You >> got social media in the back of your head. It's a little scary. The driver stated she consumed alcohol right before I left and had only been driving 5 to 10 minutes. This is particularly significant as alcohol absorption typically takes 30 to 90 minutes, meaning her blood alcohol content may still be rising. The officer now has reasonable suspicion to expand the stop into a DUI investigation. Officers became aware that dispatch was searching for a vehicle matching this description in connection with a hit-and-run crash. The officer found visible damage to the driver's side front bumper. The combination of matching vehicle description, partial plate match, visible damage, and the driver's location all contribute to reasonable suspicion justifying extended detention. The officer began conducting field sobriety tests. The National Highway Traffic Safety Administration has established standardized protocols for three tests. Horizontal gaze nestagmas, walk and turn, and one leg stand. When administered according to NHTSA standards, these tests are validated as reliable indicators of impairment at or above 0.08% blood alcohol content. The alphabet recitation test is not Nitsa standardized and its reliability is questionable. However, the driver's repeated inability to follow instructions starting with D and ending with Q demonstrates difficulty with divided attention tasks. Her statement, "I'm a mother of kids, so I'm not going to start there," suggests she understands the instruction but cannot execute it, consistent with alcohol impairment affecting executive function. During the counting backwards test, the driver failed to stop at 49, continuing to 26. She appeared confused, asking, "What was I at? 44." This demonstrates both inability to follow instructions and short-term memory impairment, both potential indicators of intoxication. The finger coordination test required three separate demonstrations, yet the driver continued to have difficulty. She said, "I don't remember exactly when asked to repeat instructions." This short-term memory deficit combined with inability to perform the task after multiple demonstrations and further suggests cognitive and motor impairment consistent with alcohol intoxication. The horizontal gaze nestagmas test is one of three NHTSA standardized tests. The officer observes the eyes for involuntary jerking movements called nestagmas, which becomes more pronounced with alcohol consumption. The officer looks for six clues, four or more indicates impairment. The officer did not verbalize results on camera, which is common practice. The one leg stand test requires standing with one foot 6 in off the ground, arms at sides, counting out loud for 30 seconds. The officer looks for four clues. Swaying, using arms for balance, hopping, and putting the foot down early. Two or more clues indicates impairment. The driver's statement, "It might not be perfect before attempting the test," suggests she anticipates difficulty. The walk and turn test requires nine heel totoe steps along a straight line. Turn and return nine steps. The officer looks for eight clues of impairment during this test. The driver demonstrated at least two clues. She continued walking beyond nine steps and appeared confused about when to stop, saying, "Do I keep going?" This alone indicates impairment under Nitsa standards. Her statement, "That's a lot," combined with confusion about the procedure, suggests difficulty processing multi-step instructions consistent with alcohol impairment. >> All right, you just come back here right now. He just make sure you go back here. >> I'm sorry. >> You're not going to be afraid of me. You do nothing to promise. >> I'm sorry. >> This is my first time having to me. I'm so scared. >> You don't have to be scared. I promise. >> I'm sorry if I start fighting off the chair. >> Well, why don't you just face me? I'm going to go through a few things. Okay. I'm just going to check your eyes here. >> Okay. All right. Why don't you face me and just put your feet together kind of like I'm doing. All right. And then put your hands down at your side just like I'm doing. Perfect. Okay. Okay. That's uh that for that test. Okay. Next test I'm going to have you do is the uh comfortable wearing those shoes. I'm making sure there's no debris or rocks or anything around you. And you're >> I'm cold as hell. But I >> I know. Me, too. I'm very cold also. Okay. All right. >> Now, which way would you want to face that? I'm going to have you stand on one leg for a short period of time. Which would you want to face? This way. >> I'm not going to lie to you. It might not be perfect, but I'll do it. >> Okay. Well, >> why don't you face my car? Okay. And step off of this uh black line here. Just move right there in the middle. Okay, perfect. I'm going to explain the instructions to you. Okay. >> Yes, sir. >> I'm so sorry. I'm so sorry because this never happened to me before. >> I just want you to stand with your feet together and your hands down at your sides like this. Okay, just the way I'm doing it. Perfect. Your foot that you're you have raised up and you got to keep your legs straight. >> You know that's not easy. >> I just demonstrated it. >> I'm trying, but I'm saying that it's not going to be perfect. >> I understand. All I'm asking you is following instructions. >> Yes, sir. >> All right. Do you want me to demonstrate it again? >> Yes, sir. >> All right. You're going to keep your hands at your side. You're going to raise one foot of your choice approximately 6 in in the air. You're going to look at it the whole time and count out loud. 1,001 1,002. And you're going to keep both legs straight. >> Okay? >> Do you understand all that? >> Yes, sir. >> Fine. Then right in front of your left foot, I'm going to place your right foot on the line ahead of your left foot with the heel of your right foot against the toe of your left foot. That is a lot of >> like Yes, sir. >> You can begin if Do you have any questions? >> Do you have any qu >> about turning around at nine? >> No, you turn around in nine steps just the way I instructed you. >> Okay. Yes, sir. >> Okay. Do you have any questions about it? I could say it again if you wanted me to >> say it one more time. Just wanted to make sure I'm short. >> Okay. >> 3 4 5 6 7 8 9. I keep going. >> Okay, you're done. Okay. >> Do I keep going? >> No. Nope. You're done. Okay. >> Uh, you were driving since Green Road and that's where I started observing you and you drove the entire length. >> It's on road. >> When I saw you, you were at Green Road. >> You saw me at Green Road? >> Yes, sir. I'm not going to deny nothing. >> What's that? >> Okay. I said I'm not going to deny nothing. I'm scared. >> I'm so I'm just asking if you wanted to blow into a a breath test right now. >> I'm going to keep going until I can get to my apartment complex right there. >> I don't think that's going to happen. >> Did you want to voluntarily take a portable breath test? I have it in the car right now. >> I would like to walk to my apartment that is right there. >> I understand. Oh, it's not going to be an option. >> Fortunately, I think you drink too much. Okay. But >> I'm going to help you figure it out. I'm going to stay with you. Okay. You'll have the opportunity to provide a breath sample in the jail, too, if you if you decide to, but I'll help you make it more informed. >> Okay. So, what part of the test did I fail? >> We'll be able to explain all that. We'll >> get it all figured out. It's all about >> to me now. Not at this exact second. Somewhere warm. >> Yeah, we'll get it all taken care of in a second. Can you interlock your fingers here? If you rotate your hand. Well, ain't no reason to discuss. >> You are here. Rotate your hand. >> You can Well, you're a grown adult, so you can't call your mom until you get to the jail. But once you once you do, you can make more again. Imagine having a lot of other people. >> Okay. We just probably >> Okay. Can you get my phone from the car? >> Yeah, we'll get everything for you. All right. I'll get your phone. Anything else you want me to get out the car for you? >> Just my phone. House keys and stuff, too, cuz we got to the car has to get to the top. >> Okay. So, yes, my my house keys, too. >> House keys, phone. >> Anything else you want? >> Have you ever been in trouble before? >> No, sir. >> Have never been arrested for anything? >> No, sir. >> Okay. Why don't we get you out the cold and then we'll uh we'll get the stuff out your car for you. Okay. >> Okay. Can you can you get in now while I'm standing? >> Yeah, we're going to grab it. Yeah, we'll have to do an inventory search of the car, too. >> Can you get it now while I'm standing here? >> Do that for you. Why don't you since you've been cooperative, we'll do that for you. >> Did he double lock these? I don't want these to get too tight on you. >> Are you going to take me to the house or No, >> we're think it's just someone who thinks that we want to make sure we don't do too much. He's like looking out for you. >> You have babies? >> Yes, I have three. to check on your baby. >> They're not at home. No. >> Do you know her? >> She's just >> I don't know her. She was just asking about my kids. >> Nice. Okay. >> So, we're going to get your house, please. >> Can you call my mom before I get in the car, please? >> We can't call your mom. Not cuz it's not loud until we get back to the jail. But you you'll be able to >> I just want to make sure I'm calling the right number, sir. >> Yeah. >> I'm really scared for my life cuz I've been on social media a lot. >> You got You'll not worry about that. Am I giving you energy? Like, I'm not >> You're not. But I just want to make sure because I'm scared. You know, you know how social media is, right? >> Yeah. Yeah, for sure. >> I'm going to say I'm not saying that you're in the wrong, but I'm just saying I'm scared. >> You don't got to be scared. >> Thank you. >> I'm so scared. >> You don't got to be scared. >> I'm about to say you all know how social media is. So, you can't listen. >> I can, but I have to also just, you know, make sure I'm doing everything right at the same time. >> Good stories are on social media. >> See, that's the problem. No, it's not. You know it's not. >> I'm saying in general, not with anything. >> So, we got >> Okay. I have your purse. All your money is in there. Your phone. Bring all that. >> Yeah. I'm going to take it all. >> Can I count it first? I just got off work. I don't even know how much is in there. >> They're going to count it right in front of you at the jail. >> We'll count it. >> Can you count my mom's number now? >> We can't call anybody right now cuz nobody now. >> Nah, but you can soon. Here. Come on. Let's go. >> Okay. >> Oh, you're going to go right back here. Okay. The first car or the second car? >> Yes, sir. >> Oh my god, I'm so scared. This is my first time. >> Yeah, it's all right. First and last. Okay, you made one mistake. >> The first and last. >> First and last. Never again. >> Yes, sir. >> If you go in like this, I'm holding so you don't fall. >> Oh, you know what? Do you have any weapons or anything on you? >> No, sir. >> OKAY. You You don't got to cry. I just have to make extra extra sure you don't have any uh have any weapons. >> My mom is going to cuss and go. >> Where's your mom at? She's at work right now. More than likely. >> Okay. Like 90 touching my flashlight. Make sure there ain't no guns right now. Crazy. Okay. >> Am I going to be able to get out tonight or No. >> Yeah. You'll be able to get out. Not like right now. Right now. Cuz they usually >> tonight or no? >> Well, it's morning now. But you'll be able to get out in the morning in a few hours for sure. You ain't going to be there long. >> Do you you ain't going to have to put up no money neither. >> I'm not. >> No, cuz it's your first time. >> I say cuz I will give it TO YOU RIGHT NOW. >> ALL RIGHT. SO, CUZ I don't want you to be cold. I'm going to close this up >> and then we're going to get you to the spot real quick. Okay. >> Okay. Is he going to call my mom right now? >> We can't call her, but we will when we get to the jail after. >> Can he Can he go to her number on my phone? >> You're allowed to do that. >> Oh, get your number out. We got a number. I promise. >> All right. Stay warm. >> Let me put a secret. >> I'm not going to move. I'm so scared. I'm not going to move. >> Well, ain't never going to scare her. I promise. >> Okay. >> Okay. >> Am I going to beach it? >> Yeah. >> Okay. >> Just down the road. Okay. >> Okay. >> The officer receives a B+ for conducting a legally sound investigation, balancing thoroughess with professionalism. The traffic stop was clearly justified by multiple violations. His administration of field sobriety tests demonstrated the driver's impairment through multiple indicators. He maintained composure throughout, clearly explaining procedures and showing patience. His communication about the hit-and-run investigation was transparent and non- accusatory. However, the use of non-standardized tests could be challenged in court. The officer did not explicitly inform the driver that field sobriety tests are voluntary, though not legally required. He could have been clearer about consequences of refusing the breath test under Ohio's implied consent law. Despite these areas for improvement, the officer's conduct was professional, tactically sound, and legally defensible. The driver receives a C because while she cooperated with arrest and did not physically resist, her decision to drive after consuming alcohol placed everyone at serious risk. Her blood alcohol content of 0.24% three times the legal limit indicates she consumed significantly more than claimed. At this level, individuals experience severely impaired judgment, reduced motor control, and slowed reaction time. Operating a vehicle in this condition endangers every person on the roadway. To her credit, she immediately admitted to drinking and did not physically resist arrest. However, her performance on field sobriety tests showed severe impairment. She was unable to follow simple instructions during multiple tests. Her statement, "I'm a mother of kids," makes her decision even more troubling. While she avoided escalating through resistance, her choice to operate a vehicle at three times the legal limit represents a serious lapse in judgment and responsibility. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Audit the Court, for even more police interaction and courtroom content.