All right, cuz I don't know who was driving. She was saying it's her, she's saying it's you. It was him. >> Okay. How many people were in the car? Were you in the car sir? On July 6th, 2024 in downtown Athens, Georgia, an SUV driven the wrong way on a one-way street collided with a sedan. The SUV driver fled, leaving a handgun and an open container behind. Three people returned to the scene with three conflicting stories. The legal core of this case rests on one question, who was driving? What happened sir? How can I help you out? >> I don't know. I just witnessed the car over there. Okay. The car turned this way coming up this way and then Do you have a license by any chance sir? Do you have a license by any chance? Yeah. I just want to see it. I was driving. Would you like my license? This is my Yes ma'am. I just want his information as a witness for the accident report. Do you need any ambulance ma'am? I do not. You sure? I'm sure. Okay. But thank you. Can you tell me what happened once again please? I'm sorry. Um this SUV was parked over here in front of the world famous It pulled out. Sat here and then it like turned this way really quick going the wrong way. So I'm going in this car. And um So he was on whole street and he turned this way? Okay. Do you have a good phone number for you sir? There you go sir. Thank you so much. Would you like to be on the sidewalk or you would like to go home? That's up to you my friend, okay? Yeah, I'm going to get my license over here, so I'm going to go there with her. Thank you so much. If you have any questions, please give me a call, all right? How you doing, ma'am? Well, I've been better. Agreed. Can you tell me what happened? Uh I was just coming down the way here and all of a sudden the SUV was going on the opposite lane. I'm so sorry. I'm so sorry to cut you off. >> No, no, no. I I understand. I know this is not a deal. You don't have a license on you by any chance? So, on which lane were you on? Were you on the middle lane, right lane, left lane? >> on the third lane. This is a one-way street, so I was on the third lane, third one from the left. I was just I was going up to this light. I was getting ready to prepare to make a left turn, and then the SUV appeared in front of me and kind of hit me. May I have your license, please? >> Oh, of course. Who got out of the driver's seat? I didn't see. I'm so sorry. My airbags went off and I had a dizzy You good? How many people were in the car? Were you in the car, sir? Okay. You look at the camera and you see. Officers built probable cause from converging evidence, not a single source. Two independent witnesses placed the SUV traveling the wrong direction. A family member then identified the driver against his own penal interest. Cuz you keep walking away, you're being detained, okay? Take a seat and calm down. You have an ID, sir? No, I ain't got my ID. Okay, what's your name? Miller. You already got this information? Huh? Smith. Yes. Birthday? What's your birthday? What's your phone number? Two. Where y'all coming from? I can't I come from the house. I can't pick up. Oh, okay. >> Sorry, cuz she said she said somebody stole her phone. So, I'm trying to make sure she get her own, you know, get her phone back. Okay, so you were driving the car? No, I was not driving. She mad about her phone. Okay, who was driving the car? My little sister. She mad about her phone about phone got lost. Okay. All right. She looking for her phone. Okay, where were you at in the car? I was not I was not >> Were you in this car? >> in the car. All right, okay. I was outside the car. All right, I got you. Who was Who was with her in the car? Her. Wait, bring her name up. So, it was her and who else? Just the two girls? Yeah. Okay. Let me you going to be okay, I went to nursing school and I put in god damn Let me tell you to stop your [ __ ] bro. YOU BETTER STOP IT. YOU BETTER STOP IT, BRO. All right, just He He was going to hit on my face. I went to nursing school and I look this. You going to okay, MA'AM. NO, IT DON'T MATTER. I'm so sick of y'all. I hate y'all. Okay. I [ __ ] hate y'all. It's okay, Carol. I hate y'all. Y'all I hate y'all. I'm so [ __ ] mad. What is your sister's I will never talk to y'all again. I will never talk to y'all again. >> me? We can't make you do the right thing. We can't make >> talk to y'all again. I will never talk I will never talk to y'all again. I will never talk to y'all again. Y'ALL GOT ME [ __ ] UP, BRO. I WILL NEVER [ __ ] YOU. [ __ ] YOU, JOHNNY CAGE. I [ __ ] HATE YOU, [ __ ] I hate y'all [ __ ] She tripping, man. I [ __ ] hate y'all. Just take a step back, bro. I hate y'all. Sit down. Y'all can look at me. I'm going to go to jail for y'all. What's your last name? I'm a mess. You said that's your little sister? Yeah, my little sister, man. She She mad about her phone, man. She mad about her phone, man. What's her Spell her first name. You know her birthday? Um No. How old is she? No, she's 22 though. I got it. What is her last name? You'll be okay, ma'am. No, I hate y'all. Ma'am, I need your advice. Last name Smith, first name spelling. Hey, are her shoes in here? The uh lady in the brown jumpsuit over there standing with this young officer, I believe hit her head on the car door, so I think that's her passenger. >> I see that. Where was this bottle found? Don't know. Who found that bottle? I did. It was on the floor. In the passenger driver floorboard? And I got a gun in this car, you can't even pass the school board. That's the That's her. So, two females in it? It's just two females. Okay. According to the brother. Hey, has anybody ID the passenger yet? She's She's the driver. This is her brother. She came down trying to come and help him, but according to him, it was just her and her in the in the car. And uh but You got her info now? Yeah, her Smith. Apparently, she's she's in the car already, central finder. >> what central called. Who in the birthday? I'm sorry. Yeah. Yeah. It's okay. I've got him though. What's a good phone number for you, Ms. Smith? >> It's seven Oh, my phone gone. I don't have a phone. I'll give you the house number. Yeah, that was the whole reason why Yeah, I guess that's why >> she's up. Pablo. We're going to look for your phone. They got my phone. Joyce, it's okay. talking like that. Joyce, it's okay. You ain't You ain't solid anyway. It's okay. He is solid and do the same for Marcus. It's okay. Ms. Smith. You be quiet. Ms. Smith. Under Georgia code section 46-391, DUI is established. Impairment to the extent that it is less safe to drive satisfies the statute. The brother's spontaneous declarations are governed by Rhode Island versus Innis. Statements not elicited by interrogation fall outside Miranda's scope. His repeated "I'm on paper" statements are admissible without any advisement. You're in handcuffs, but I want to read you rights so I can talk to you about what's going on, okay? >> I want to go. All right. You do have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to an attorney. >> to go to jail anyway. If you cannot afford to hire an attorney, one will be appointed to represent you before any questioning if you wish. I don't want to talk to these people again. I want to If you agree with If you agree to talk with us, Miss Smith Miss Smith, if you agree to talk with us, you can change your mind and ask for a lawyer and stop talking with us. Do you understand those rights? I don't know what you just said to me. Okay. Listen closely, Miss Smith. I don't I don't know what you're saying to me. I don't know. I know you don't. Listen, Miss Smith. That [ __ ] is so shady, bro. I hate that [ __ ] He just so shady. You really looking bad. Miss Smith, listen. All right. I know I've been to jail before. Okay. Well, we need to We need to figure out if you're going to go to jail. I'm going to jail. Okay. Well, I got to read you your rights so I can talk to you about if you're going to go to jail. Okay. Okay. You do have the right to remain silent. Anything you say can and will be used against you in a court of law. Okay. And you have the right to talk to an attorney. Okay. If you cannot afford to hire an attorney, one will be appointed to represent you before any questioning. If you agree to talk with me, you can at any time change your mind and ask for a lawyer or stop talking with me. I don't want to talk. Do you understand those rights? I don't want to talk. You don't want to talk? No. Okay. All right. Miss Smith Miss Smith You okay? No. I cannot I can't Are you hurt? >> I can't breathe. Are you physically hurt? Bro, this [ __ ] doing the most, bro. Okay. Are you physically hurt? Yes. What? I cannot breathe. I got anxiety. I can't breathe. Okay. Take some deep breaths, okay? Just go breathe, okay? I've never been to jail before. Okay. All Do you need to go to the hospital? Okay. All right. We'll take you to the hospital. We'll take you to the hospital. Hey, worry about me and you, okay? He's laughing at me. Okay. I've never been to jail before. How old are you, Ms. Smith? I'm 23. 23, okay. >> to jail before. Hey, Ms. Smith, uh having driven that vehicle and the fact that you're impaired by alcohol, uh you are going to be placed under arrest for driving under the influence and for driving the wrong way on a one-way road, okay? Do you understand that, Ms. Smith? No, I wasn't driving, though. Okay, well, that's not >> on the driver's seat. Okay, well, that's not what the camera's saying or what uh what your brother said, so. Am I going to jail? Yeah. Uh well, you're under arrest, so. Once handcuffs were applied, the suspect entered custody for Miranda purposes. Berkemer versus McCarty marks that transition from a traffic stop to custody. The suspect's invocation, "I don't want to talk," was scrupulously honored. Michigan versus Mosley requires officers to cease questioning at that moment. All right. I got to read you something, okay? A lot more words I need you to listen to me, okay? I cannot breathe, bro. Okay. Well, we'll have that issue I can't breathe. You just need to take some breaths. I can't breathe. Okay. That's >> [snorts] >> Is that from an injury you just sustained? Is that it? I I got anxiety. I can't breathe. Okay, well, calm down. I hate jail. I hate jail. Okay. I've never been to jail. I've never been to jail before. I hate jail. I hate jail. I hate jail. I will never talk to him again. I hate him. Miss Smith. I hate him. [ __ ] I hate him. [ __ ] Okay. It's like is he good to go? Was he in the vehicle or do you not know? He came down here to help her. He said he drove down here to help her. >> some water instead of the drugs? >> He's he's not in this vehicle according to him. Okay. Is he good to cut him loose then? Yeah, but I don't know if he can drive. I got all his information and stuff. I hate Marcus. Miss Smith. I will never in my life >> Hey, I got to read something. I hate Marcus so much. Listen to me. Listen to me. Hey, the state of Georgia has conditioned your privilege to drive upon the highways of this state upon your submission to state administered chemical test of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state >> What's this? will be suspended for a minimum period of 1 year. Your refusal to submit to blood or urine testing may be offered as evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 g or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of 1 year. After first submitting to the requested state test, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances >> I will never talk to you again. by a qualified person of your own choosing. You stupid ass punk ass. You You told him Marcus. Miss Smith. You're a punk [ __ ] You never cared [ __ ] sorry. You stupid [ __ ] [ __ ] you. Hey, will you I don't care. He told him Marcus. I don't care about him. Will you submit to the state administered >> I didn't do anything, though. Hey, will you submit I don't want to talk to you. Will you submit to the state administered chemical test of your blood? What? Will you submit to the state administered chemical test of your blood? What are you talking about? I'll read it again. Just please don't yell during it, okay? It's a law. I I can't talk to you cuz I got hair in my face, man. I have anxiety. Y'all don't understand. I would Hey, listen. Can you listen with your hair in your I got hair in my face. Y'all don't care about me. All right. The state of Georgia I don't want to talk to you. Leave me alone. Okay. I'll take that as a refusal. What? All right. I'm If you don't want to talk to me and you want me to leave you alone, I'm going to take it as a refusal that you don't want to take the blood test. I'm not no felon. >> No, I never said you were felony. No, I'm not a felon. Do you Do you need to be transported? >> a felon, daddy. Do you need to be transported to the hospital? Yes. Okay. All right. Very good. We'll have her go to the hospital. And uh we'll go from there. I'm not a felon. The implied consent advisement follows Georgia Code 45-67.1. Olevik versus State requires this advisement be read accurately and fully. The suspect's persistent refusal to engage qualifies as a statutory refusal. South Dakota versus Neville allows that refusal as evidence at trial. It is not testimonial and therefore not protected by the Fifth Amendment. Birchfield versus North Dakota bars compelled warrantless blood draws here. Civil license suspension, however, remains a valid consequence of refusal. He can't go to jail no more cuz he put it on me. But it's okay. I'll take it. He can't go to jail no more. He got the He the one He the one sent to jail for real. And he know that. Why would he go to jail? He got a charge. For what? This. What? He just said he would he said it was him. But was it him? I don't know. Grading. Athens-Clarke County officers earn a B+. Witness separation, lawful arrest, clean Miranda, no excessive force. The suspect earns a D for the underlying dangerous conduct. Wrong-way driving while impaired, flight from the scene, and contradicted denials. The brother earns a C- for mixed judgment on scene. Helping his sister was credible. Volunteering self-incriminating statements was not. Lessons learned. First, invoke Miranda early and clearly. Silence protects rights. Explanations create evidence against the speaker. Second, refusal of chemical testing carries civil, not criminal, consequences. Third, family members at a scene should never volunteer status information. Fourth, independent witnesses neutralize any later denial of driver identity. Let us know what legal topic you would like analyzed in the comments below. Thank you for watching. Check out our second channel, Street Body Cam.