I love to hear the reason. >> I'm just driving home from a friend's house. >> Doing 114. Where was this friend's house? >> It's in there. There's no excuse for it. >> No, there's not, man. Like, what the [ __ ] >> I'm sorry. >> And then you're smoking. Smell it. You got a You got blunts. You got a burnt blunt right there. You got a bowl right there. >> That was from earlier. I'm sorry. I wasn't smoking and driving. I'm sorry. >> It's not smart, you know? >> You're right. >> What happens to deer all up front of you? You swerve to miss it. You [ __ ] throw it in the ditch and you're You're done. >> You're right. >> You're done, man. There ain't no second chance. Literally, we we had that like 6 years ago up right up here, man. Like, I'm not a yellow truck. You know, I I I know you know. You know what I mean? >> I've been through that. Yeah, you know. >> But, [ __ ] there's no excuse. I'm sorry. >> [ __ ] man. Is there anything wrong with your license? >> No, there shouldn't be. >> When's the last time you smoked? You said that's from earlier? >> Yeah, it was hours ago. >> Okay. >> I stayed a while at my buddy's house. I haven't smoked in forever. >> Okay. >> I I I have >> Look at me real quick. All right. Why don't you come back here and talk to me for a minute, okay? Put your window up. I don't want the heat getting in my car. You have any weapons on you, man, or anything? >> No, sir. >> Okay. Just go back to the front of my car. >> All right. I apologize. >> I I I don't want to say I understand, I but you know what I'm talking about. The hell, you know what I mean? >> There's no excuse for it. >> Um >> I apologize. I get really excited. >> Which I get I get driving fast, you know what I mean? But >> There's I I >> [ __ ] that ain't fast. That's [ __ ] I don't even know what that is. You know what I mean? It's just not smart, okay? >> You're right. >> Have you had anything to drink tonight? >> No, sir. >> Okay. Just whatever how long we talking hours ago? Like we talking two, three, four? Like what time did you get to your friend's house? >> It's been at least 4 hours. >> Cuz it's it's 11:00 now. >> I know. I was chilling at my buddy's house. I came through at least like around 5:00. >> Okay. >> And I didn't have anything to drink. >> Okay. But you got like surely after you got there you smoked or >> Yeah, but >> Sure. >> I I mean I'm sober now. >> Okay. Uh I just want to make sure you are good to go cuz like I said, I can smell burnt. And I don't know if I'm saying it's now, but roach in there is burnt. I got to make sure you're good to go, okay? >> I know. >> The other issue is too you have insurance on the car. Have you had problems with your insurance company? Like if you missed payments or anything or >> Mhm. There wasn't an insurance um I missed a payment, but then my girl she wanted I mean I had her um sign up for a new one. >> New account or whatever. >> say that I didn't >> So it shows it shows it shows you have insurance, but it shows there's a lapse. So you did you like make a new uh you didn't pay it and then you made a new policy? >> I made a new policy. Yeah, I have a screenshot of it. >> Did you ever pay that missed payment or no? >> Of the old one? >> Yeah. Cuz that's probably what the lapse is from. >> I don't I I don't really know. >> Sure. No, no, you're good. >> I have a screenshot of the uh new payment. >> The new one, yep. >> I know I missed a payment, but I don't really remember paying the old one. I don't I don't really know. >> the la- it shows the registration suspended for lapse, which means you missed that payment and you probably didn't pay it and you probably just thought open a new policy would rerun it. >> Yeah. It doesn't >> It's still got to pay that lapse. It would be even the same thing if you went to a different company and open a new policy. You've still got to pay the insurance company for that cuz this is what they do is they lapse you. >> Okay. >> Okay? >> So >> Um >> What's going to happen? >> So just tickets, you know what I mean? We got I got tickets for that. >> Cuz >> know I have um I got email about um cuz I still have the I I think I still have the old plates on this car. >> Sure. Did you get new plates? >> Yeah. These are the new plates, but I don't even know if the new if the old plates are still >> So the old plates, they just go off your VIN and they probably when you re-registered it >> what >> and it went to DMV and they saw the VIN, they just boom combined it into one. Um I can look at that more once I do it, but it's cold out here. Let's get this done here. Make sure you're good to go. >> Yeah. >> Um obviously wear glasses or contacts or anything? >> No, just these glasses. >> Uh are they actual glasses to see or they just for show? >> yeah, no, they're Okay. They're to see. >> They're for see, okay. >> Yeah. >> Um any medications that you take? >> No sir. >> Uh any other recreational drugs today or anytime? >> No sir. >> Um any recent surgeries head, back, neck, or knees? >> No sir. >> Any problems with your legs or feet? >> No sir. >> All right. You can see this red light? >> Yes sir. >> Are you near-sighted or far? >> Uh I think I'm near-sighted. >> Okay. So what I'll have you do just cuz you're going to get a glare with this red light off your glasses, you can either just put them in your pocket or hold on to them, it doesn't matter to me. >> What? My glasses? >> Your glasses, yeah. >> them off? >> Cuz you just you can see this red light. >> Mhm. >> You just need to look at it as long as you can see where it's going, that's it. >> I'm going to pull my right arm real quick. >> Yeah, we'll make this quick. >> Oh, okay. >> All right, so go ahead and just look at that light. And you can see that Yeah, don't move your head, keep your feet together and hands down to your side, do you understand? >> Yeah. >> All right, we're going to go ahead and begin. All right, go ahead and relax. Um we're going to picture straight line in front of us. You can use this white line if you want, okay? So what we're going to do first is I want you to put your left foot on that line and then your right foot on that in front of your left heel to toe. Hold that position, keep your hands on your side, and do not start until I tell you to, do you understand? >> Okay. >> When I tell you to start, you're going to take a series of nine steps on that straight line in front of you. Each step is going to be heel to toe, and when you get to your ninth step, you're going to leave that front foot planted on the ground, using a series of small steps, use your other foot, turn around and face back the way you came. You are then going to take another nine steps in that straight line, each one is going to be heel to toe, keeping your hands on your side, looking at your steps, and counting them aloud as you take them. Each step, one, two, so on until you get to your end of your test. Once you start, do not stop. >> Okay. >> Do you understand? >> Yes, sir. >> Go ahead and begin. >> All right, so left front foot? And left foot behind? >> Yep, just like that, and then go ahead whenever you're ready. >> Two. Three. Four. Nine. And then Stop steps? And what? >> Yep, and turn around the way you came, and then do the same thing back. >> Left Left foot? >> Yep, wherever you left off on. >> Two. Three. Four. Five. One 1,000, two 1,000, three 1,000, four 1,000, five 1,000, six 1,000, seven 1,000, eight 1,000, nine 1,000, 10 1,000, 11 1,000, 12 1,000, 13 1,000, 14 1,000, 16 or 15 1,000, 16 1,000, 17 1,000, 18 1,000 or 1,000. Sorry. >> No, you're good. Just pick up where you left off at 18. >> All right, sorry. >> No, you're fine. >> 19 1,000. >> Okay, relax. We're going to go back over here in front of my car. I got a couple more to do, okay? >> In front of my car? >> Yep, in front of my car, and then you'll face me again. This one? Feet No, you're good. I know it's cold out there, trust me, I We're going to do feet together, hands down by your side, and you're going to hold that position till I tell you to start, okay? When I tell you to start, you're going to tip your head back on roughly a 45 degree. It doesn't have to be exact. It's going to look something like this. >> All right. >> Okay? And then close your eyes. When I tell you to start in that position, I want you to estimate 30 seconds passing. >> Estimate 30? >> Yep. When you think 30 seconds have passed from the time I told you to start, open your eyes and tell me to stop. >> Okay. >> Does that make sense? >> Yeah. Okay. >> So, go ahead and tilt your head back, close your eyes, and on ready, set, go. Done? >> 30? >> Okay. >> All right. That's what you said, 30 seconds. >> seconds. When you think 30's passed. >> Okay. >> All right. This next one. All right. Now, see my hands? Make fists. Point your fingers out. Point your fingers out now. Down by your side. Just hold that position. When I tell you to start, fronts off. Put it on number one. When I tell you to start, I'm going to call a hand, okay? And at that point, you're you're going to close your eyes like this. I'm going to call a hand, and then you're going to take the tip of your finger. It's going to go to the tip of your nose. So, if I say right hand, you're going to go straight out. Tip to tip, back out. Right is left. >> All right. >> So, straight out, tip to tip. As soon as you touch, back out, back down. And then if I say left hand, you're going to go straight out, tip to tip, touch and touch and back out, and back down, okay? >> I've never been through this yet. >> No, it's all right. So, go ahead and close your eyes. >> Mhm. >> All right. >> So, you said you said straight. >> Yep. Once I Whatever hand I call, straight out, tip to tip, back out, and then down to your side, okay? >> Mhm. >> Left hand. >> And back out. >> Yep. And then down to your side. >> With my eyes closed? >> With your eyes closed. >> Okay. >> Right hand. >> Right hand. Left hand? Right hand? Right hand? >> Right. >> [laughter] >> Left hand? >> Left hand. >> All right. This one, we're going to do another one with the light, okay? >> All right. >> Again, you can see the light? >> Mhm. >> You can keep your hands in your pockets. I'm just saying you're fine. All right. So, what we're going to do with our again, with our eyes and our eyes only, we're going to follow this red light. >> Yes, sir. >> And I'm going to move my head. I'm going to get very close to your face. >> Can I answer my girl's call? >> No, you got >> All right. >> I'm going to get very close to your face. I am not going to touch you, okay? >> Okay. >> So, do not move your face away. So, I can say that I will not touch you. >> I just stay in my eyes with the >> Just follow this with your eyes and your eyes only. Ready? >> Mhm. >> All right. Again. All right. >> [laughter] >> Is it okay if I go cross-eyed, right? >> You're good. Uh so, this last one um No, you're good. This is a This is what's called a preliminary breath test. It tests for the presence of alcohol. You said you haven't had nothing, so it's going to it should still negative, right? All right. So, you just blow blow in this. This just shows me too that there is no alcohol present. >> So, if I deny this >> It's a ticket. >> All right. So, if I don't blow, I'm going to get a ticket either way, right? >> Yeah, you're going to get a ticket either way. >> All right. So, if I deny it >> You want to deny it? The reason I'm asking you to submit to this, I normally wouldn't. I can smell the alcohol. >> Mhm. >> It blows out. That's why I'm asking you to do it. Okay? And based on my test, there's there's more than just marijuana on board. That you've been drinking, right? >> Yeah. >> Plain and simple. >> Mhm. >> How many have you had? A couple? Cuz it's there. You know what I mean? I wouldn't lie to you. >> Yeah. >> It's there. >> Mhm. >> Okay? That's why I'm asking you to do it. You don't have to, by all means. It's a ticket. It's no big deal. It's whatever it is. But, it is part of my investigation and I do have to ask you to submit to a preliminary breath test. You don't want to, you don't have to. It's your choice. I can't make you. >> Mhm. Okay? Do you want some mouthwash or no? >> I'd rather not. >> Okay. So, right now I am going to place you under arrest for >> Okay. >> either driving while intoxicated and/or driving while intoxicated and being impaired by drugs. Okay? >> pass your test. >> No. >> No. >> No. Based on what I'm seeing, there's impairment and/or intoxication going on, okay? >> I didn't have my glasses on either. >> Understandable, but that's I don't need fine fine seeing, okay? For the for the generic of what it is and everything. Okay? I don't need what I am again. I can smell the alcohol. I can see it on my test. >> Mhm. >> Simple as that. >> Yeah, it's >> Okay. So, go ahead turn around, place your hands behind your back for me. >> All right. You want me to shut my car off first? >> No, we'll we'll get out Yeah, we'll we'll make sure that's shut off. No, we'll we'll get out Yeah, we'll we'll make sure that's shut off. We're not going to touch anything in there, nothing, okay? >> All right. And you're placing my hands behind my back. >> Yep. You said you had no no weapon on you, right? Okay. What do you have on you? Wallet, phone on you? >> Yeah, I have my wallet and my wallet. >> All right. >> Keys. >> Yeah, it's one person. What do you say? >> There was an operator on. >> Wallet, sir. I'll put all this in your wallet. >> All right. >> Don't want to lose that, man. >> No, I get it. I don't want to It wasn't important in the first place. It's stupid. >> Do you have anything else on you? Any loose stuff? We'll put that in here, too. >> Yes, sir. Just a coin. >> Yep, just a quarter. >> Yeah, nothing. >> Nothing else? >> No. I'm going to have She's going to grab W Shakes and grab all your stuff. You want your glasses back on? All right, we're going to get out on this side. >> All right. >> And then she's going to grab all this to make sure you don't lose anything, okay? >> What's going to happen to my car and stuff? >> Uh I got We're going to figure that out before we leave. Go ahead and have a seat in there. All right, I got to read you a Have you ever had a DWI before or anything? >> Yeah, I think so. >> Okay, so the I got to read you your chemical test warnings and your refusal and your Miranda, okay? >> Yeah. >> So right now you're under arrest for driving while intoxicated and or driving while ability impaired by the use of drugs. Will you submit to a chemical test to determine the alcohol or drug content of your blood? >> Chemical test? Yeah, do I submit? >> It's asking if you will submit to a chemical test. >> Um I'd rather talk to a lawyer first. >> That's fine. That's fine. So, I just I do have to continue reading these now that you didn't give me a yes or no, okay? Or well, you didn't give me a yes either answer you wanted your lawyer, okay? So, a refusal to submit to a chemical test or any portion thereof will result in the immediate suspension and subsequent revocation of your license or operating privilege whether or not you were found guilty of the charge for which you are arrested. Your refusal to submit to a chemical test or any portion thereof can be introduced into evidence against you at any trial proceeding or hearing resulting from this arrest. And again, I had I had to ask it. Will you submit to a chemical test to determine the alcohol or drug content of your blood? And again, you said you want to talk to your lawyer, so that's fine. But I just I have to ask it again at the bottom. You have the right No, you're fine. You have the right to remain silent. Anything you say can and will be used against you in the court of law. You may stop answering questions at any time you desire. You have the right to a lawyer and to have a lawyer present with you during any questioning. If you cannot afford a lawyer, [snorts] one will be provided to you without cost. Do you understand each of the each of these rights that I've explained to you? >> Yes, I >> Okay. Do you have your own like private lawyer or are they tight? >> No, they're they're all right. >> Okay. >> They'll be all right. >> Um >> [snorts] >> Do you have your own private lawyer that you know or you need to look for one up to to call someone? >> I'm trying to let them know. >> Okay, that's fine. Um here's what I'm going to do for you, okay? >> Mhm. >> You've been great with me. >> Mhm. >> I've been great with you, I feel. I'm going to move your handcuffs up front. I know you don't like me right now cuz you know the situation, but I am going to move them up front cuz you've been good with me, okay? So, you can go ahead and spit out real quick. And then what I'm going to do is I'm going to undo your left hand. >> All right. >> And then just move that up front and then we'll get these we'll get these fixed up, okay? >> Do you want to have my phone and stuff too? >> Yeah, I'm going to grab I'm going to grab all that. >> All right. >> And then we'll put this I'm going to >> She was probably wondering where the [ __ ] I went. >> Yeah, I know. You're good. And then I'm going to switch your other one around, too, so it's not all twisted on you. Okay. >> Yeah, whatever. It don't matter. >> [laughter] >> I know, but it's it's a pain in the ass is what [snorts] it is. >> Yeah, whatever. >> I'll be there in a minute. >> 4320 >> Is there anything else in the car you need before we head out of here and figure out what we're doing with your car? >> No. >> Okay. Right, is that her? >> Right, no. That's just my homie. >> That's your boy? Okay. >> Yeah, he was supposed to stop by when I got home. You can ignore it. >> just going to ignore it. Um so, real quick, you can let her know what's going on and then we're going to bounce out of here. Um so, it is your car and it's suspended, but regardless of that, you do have a prior uh DUI, which means this is a felony. So, we have to we're going to tow this tonight for for the time being, okay? >> That's a felony? >> Yeah. Cuz you had a warrant from what I could see my computer while in 20 Go ahead and whatever. I don't want to look at that. Um let her know real quick what's going on. Details and that you'll be able to call her again once you get We've got to the officer. >> Am I going to What am I doing tonight? >> Uh tonight I got to do paperwork and you'll have to see a judge in the morning because of the felony. >> Where am I staying? What do you think? >> the in the at the Yates County Sheriff's Office till 8:00 a.m. in the morning. And then >> Oh, she's got to work in the morning, so I guess I'll call her. >> Make sure you're not on >> I got two kids. >> you're not on Bluetooth. >> Yeah, I know. I guess you have to call off work this morning, I guess. Hello, babe. I got pulled over. Yep. So, you're going to have to call off work tomorrow cuz I'm [ __ ] Uh I got pulled over doing a a little bit over the speed limit. So, and yeah, I guess I got to stay with them tonight, so I'll let you know. No. All right. Can I call this other [ __ ] two real quick? >> Real quick. >> Yeah, real quick. >> Real quick. >> Yeah, I know, real quick. >> We got to get out of here. >> Yeah, I know. Yo. Yo. Hey, I got pulled over. I'm not going to be home tonight. You can hit me up in like tomorrow or or whatever. >> morning you'll be able to >> In the morning. Just let I'll hit you up. >> [laughter] >> I'm going to put it back up front with me, okay? >> All right. Yeah, I can't have any in here. >> No, once we get to the office, if you got to make more calls, I'll let you do it, okay? You already called for one? >> Yeah. >> Okay. Yeah, we got to we have to tow it for the felony. >> A what? >> Huh? >> A tow? >> Yeah. Yep.