all right John how you doing I'm officer flank so what happened tonight not much man H out okay you got hit by somebody or what nothing uh just want to talk to my girl and that's it okay all right where we headed to you headed home I'm not heading anywhere I was going to uh probably get a uber the most when I pulled up bro huh your vehicle was moving when I pulled up well I was trying to get it okay how much have you had to drink tonight uh a little bit just a little bit all right you hanging out here at The Snug mhm okay all right well he saw you driving so make sure that you're not uh driving Under the Influence all right we'll do some exercises with you all right okay all right do you have any medical condition with your eyes not corrected by glasses um yeah I refuseed to do any of that because I was not driving he saw you driving I saw you driving I pulled up your truck pulled into this parking spot and you sat in your truck you were still in physical control when I came back to the truck okay so I'm going to I'm going to advise you something all right call tailor warnings if you don't do these exercises you're not going to dispel my concern that you're driving Under the Influence next you force me to make an arrest based on the totality of the circumstances as I know them to this point and last it will be used against you in court I'm not sure what that means but okay I'll explain it to you then all right so the first part you're not going to dispel my concern that he's driving under the influence meaning that if you don't do the exercises I can't just walk away and say oh well he didn't do the exercises so I got no proof that he was under the influence next you know forcement I don't want to [ __ ] have any proof under any influences of me okay well let me let me continue explaining it to you okay the second one of forcing me to make an arrest based on the totality of the circumstances as I know them to this point okay it's everything that I know to this point all the facts and circumstances surrounding this would be the reason why I make the arrest not whatever you do on the exercise or don't do and lastly will be used against you in court I think that's pretty uh self-explanatory so do you understand all that not all of it but uh what part don't you understand I can explain whatever to you um there's there's a lot going on for me in my circumstances and uh for me to perform any like I rather go like get a uber home well right now we're not at that point right now okay if you do the exercises I don't see indicators of impairment you're not going to do them all right you going be placed under arrest can try and do them can I can I try and do them are you going to try to do them it's yes or no all right cool come all right so let's get away from this water I don't want to be like confirmed like I don't want to be what so we doing these exercises yes or no man yes or no yes sir I mean I don't know all let's get away from the water well I just explained to you your rights involv one more time please okay if you don't here get out of the water let's come over here all right so if you don't do the exercises you're not going to dispel my concern that you're driving Under the Influence next it'll force me to make an arrest based on the totality of the circumstances as I know them and last it will be used against you in court okay I can I can explain them to you again I can break it down for you break it down okay it means that if you don't do the exercises that doesn't mean that I'm going to walk away and I'm going to say oh well I got no proof that he was driving under the infl to do that what do you mean no no I'm saying it doesn't do that that's that's what it means is that that's not what happens I do the exercises right if you do the exercises and I don't see indicators of impairment then you go home my car isn't parked it's parked right now but that officer saw you driving right but he saw you driving I didn't see you driving he saw you driving maybe he seen someone else park my truck well he also said when he came out here you were sitting behind the wheel I was sitting in the truck yeah you said you're sitting in a driver's seat that's what he said again I didn't see none of that you saw it when I just rolled up you were already outside the truck but he says he seen your truck in motion and then when he came back out here he's seeing you in the driver seat okay so at the very least that's actual physical control if you're in the driver's seat that's all [ __ ] all everyone sees man okay so do you want to do the exercises yes or no get arrested or do the exercises correct well if you don't do the exercises get arrested right away well if you do the exercise and I don't see no indicators of impairment you go home I'm not running away man he's not worried about you running away I in board shorts and no shoes man well that's a lot easier to run in than this so answer the man's question are you going to do the exercise yes or no I know what do you think you're the [ __ ] we can't give you advice from you're [ __ ] hearing me out I was having a problem with my girl man so are you going to do the exercises or not what do you think we can't give you advice I think you need to answer the question I think you're an adult and you need to make an adult decision right now are you going to do the exercises yes either way I'm going to go to [ __ ] jail that's that's not true I can't walk in a straight line either as I am [ __ ] sober or not man I've been painting boats all [ __ ] day dude all right soot yeah are we doing the exercise yes or no I know I guess so something jail I don't know like what what the exercises I don't want to like one of them I'm going to check your eyes next one you're going to walk a line last one you're going to balance on one foot I was just sitting in my truck man right driving your truck answer the question are you going to do the exercises yes or no we're not we're not debating whether you driving actual physical control I I don't want to like put myself in like yes or no no I don't I'm not guilty hey triple in my hand man I got you fu [ __ ] up on the right okay how come in your hand is it broken no it's from what uh where's your ID at that's all I want out of your truck your ID I don't know man everything there I want to make sure you like gra don't like look on my truck no we're just looking for the I don't care about say what I see that white claw there um what you say watch back about what that chick his girlfriend or whatever she's little squirly look at this that was sitting in the seat yep talk in sh 13 can you check that mail that I arrested for a CCF permit please all right so where's his ID at I entered the vehicle looking for his ID and I saw a pistol sitting there which one what's his name yes here a picture of copy of it yeah I'd rather the real thing did he do that advisement himself that 51 advisement did he do that for John himself yeah yeah he had that pistol tucked right between the seats there he told me got CCW keys in here no I'm not seeing them you didn't have the keys the truck was definitely in motion when I pulled up so get to the girl what well he's tossed his wallet in his phone back here so I would doubt that maybe the keys will crss back in the yep here they are trying to conceal them back there maybe to pretend like he wasn't driving yep well when you got a history of doing this nonsense you think you're smarter than the cops yeah you don't realize we're a little bit smarter than you here pass me the burner toss here no I'm here walk the mag too put [Applause] over he really worried about us going through his truck Mak no other Firearms or anything check that under there I got it it was tossed under in the back and under the seat like sh all right John you hear me yes sir all right man I'm officer Flink of the palish Gardens Police Department reminding you've been placed under arrest for DUI pursu to chapter 316.193 of the Florida State statutes revised all right I'm requesting that you provide a breath sample for the purpose of determining its alcohol content will you take a breath test well I wasn't drinking so I'm not going to blow in the test I wasn't driving okay well I requested uh let me uh find these imply consent here where is it at I I wasn't driv every test okay well hang on a second let me read this uh refusal to you all right if you refuse to take the test I've requested of you your driving privilege will be suspended for a period of one year for first refusal or 18 months if your driving privilege has been previously suspended or if you've been previously fined under statute 327 35215 for refusing to submit to a lawful test of your breath Ur or blood additionally if you refuse to take the test I've requested of you and if your driving privilege has been previously suspended or if you've been previously fined under statute 327 35215 for refusal to submit to a lawful test of your breath year or blood you'll be committing a misdemeanor in addition to any other penalties which can be imposed by law refusal to submit to the test I requested is admissible in evidence in any criminal proceeding do you understand all that no but I was what don't you understand about that driving he saw you driving he also saw you sitting in the in the driver's seat I was sitting in the driver's seat okay that's actual physical control you have the ability to drive the car my keys were not in my [ __ ] hand he saw you driving yeah and he saw you sitting in the driver's seat okay so do you understand everything that I read to you you see me sitting in the driver's seat listen I know you know the game because you've been arrested for DUI before but unfortunately for you you got caught you got caught driving you got caught sitting in the driver's seat we are beyond that part okay we are not debating that part you want to debate that you debate that in court okay will do you understand everything that I just read to you no I don't okay I'm going to read it to you one more time then you don't to so every time I read it to you you're going to say you don't understand yeah okay do you want to give me a breath sample yes or no I plead the fifth that's that's not a plead the fifth situation what can I do now you can either say yes or no you're going to provide a breath sample fifth that's not a plead the fifth situation that's not a plead the fifth all right cool refusal draft 13 roadside breath refusal no that's a refusal 3 I told my girl my truck you guys FC I clear and I see you got the prior refusal here so that's 18 months in an additional misdemeanor a prior prior refusal younger okay well I just see it I don't know when it was a long time ago man you see it right there prior suspension for refusal to sub I've been working my ass off man I can't I'm not taking that away from you I'm sure you probably do work hard I work very