I'm going to have to look at our chief. He can't see me like this. Okay. So, I already Jessica Officer Wilford, Cocoa Beach Police Department. As Officer Rosa explained, I'm going to be conducting a DUI investigation. I already Mirandized you. Okay? So, did you understand the rights that I read to you? Okay. Is there anything you would like to tell me subsequently that led up to this incident? No? All right. Let me go get some paperwork and I'm going to read some things to you. All right, Jessica, come over here. All right, we've already attempted for multiple minutes now to try to find your driver's license registration, which you were unable to produce at this time, okay? Give me some space. All right. I'm now requesting you perform several exercises to help determine if you're capable of driving. Like I explained, there are several tasks that I will explain and demonstrate to you. Are you willing to perform these exercises? Is that a no? Yeah, I guess. I Listen, so I'm going to tell you this, okay? I do DUI investigations all the time. When I ask you if you're willing to do something, you either tell me yes or you tell me no. Okay? You can say no, that's fine. You get one opportunity. So, I'm going to read this to you again and you're either going to say yes So, you're taking me to jail? Ma'am, if you do not perform field sobriety exercises and do what I'm requesting of you, I have to go off what I've seen, smelled, and witnessed in your vehicle so far. Do you understand the gravity of what I'm telling you right now? I'm going to read this to you again, and I want to clearly define yes or no. I'm now requesting you perform several exercises to help determine if you're capable of driving. There are several tasks that I will explain and demonstrate to you. Are you willing to perform these these tasks that I'm asking? So, that's a yes? So, I have to go to jail? It depends how well you do field sobriety exercises. Are you sick or injured? Are you taking medications? Do you have any physical defects? Are you currently being treated by a doctor or dentist? For what? Are you diabetic? Do you take insulin? Are you epileptic? Do you take Dilantin? Do you have a false eye or do you wear glasses or contacts? Okay, what do you wear? Contacts. Is there anything I should know about your general health? Is there anything that I need to know before we start field sobriety exercises that might be an issue while we're doing this? Okay. Jessica. I'm going to check your eyes. Okay. Okay? Yeah. What I have in my hands here is called a stimulus. Okay. This is a red-tipped lighted pen. Okay? Do you see it? Yeah. What color is it? Red. Can you touch the tip of my pen? No. I wouldn't. Why? Okay. So, here's what we're going to do, okay? Again, I explained this is a stimulus. All right? I'm going to put it in front of your face. What you are to do is to stand in this position with your feet together, with your arms down by your side. Okay. Very similar to what you're doing now, but I want your feet to be closer. I want you to be squared up to me. He's going to have a flashlight over this over the top of your head so that I can track your eyes using this red-tipped lighted pen. Okay? At no time are you to move your head to track the pen. You're going to track it with your eyes. Do you understand everything that I'm saying? Stand like this, head still, front and center, look at pen, track pen, do not move head. Have I been clear about everything that I've told you and demonstrated to you, okay? Stay like this. This is the starting position. Feet together. Hands down by your side. Do you see the pen? Ma'am, you're supposed to follow this with your eyes. You can't? No, I can't. Don't move your head. Ma'am, I'm going to ask you something. Okay? Because I'm concerned for your safety. So, two things. When you look at my pen, how many pens do you see? Two. Two? No, I'm sorry. Don't be like that. Ma'am, I'm concerned for your health and well-being. Are you okay? Do you feel like you're going to get sick, fall over, or injure yourself? No. Okay. Was there anything about this particular nystagmus gaze test that you were confused about? No, not at all. Okay. All right. Not at all. Okay. All right, ma'am. So, here we are in the parking lot at Siam Orchid. This is a flat, dry, paved surface, okay? This is a parking spot white line, which is generally flat. It's roughly about 4 to 6 in wide, okay? So, about as wide as my foot, all right? So, the next exercise that we're going to perform perform is called the walk and turn, all right? You know, you don't have to do these. I can just go off of what I'm seeing so far, or you can continue to help yourself and try to do the exercises. Do you understand? Would you like to continue? Would you like to like for me to continue with the exercises? Again, I only ask these questions one time. I'm giving you the benefit of the doubt. Yeah. Jessica, do you understand what I'm telling you? You're going to place your left foot on the line. Your left foot. Stand over here and watch me. Ma'am, you can't see me from there. Stand where you were and watch me. It would help if you actually look at the officer demonstrating it instead of the road. You're going to place your left foot on the line. You're going to put your right foot in front of it, heel to toe, like so. We're going to walk the line like we were kids in a playground, right? So, you put your right foot in front touching your left toe. You keep your arms at your side, just like so. Okay? Do not walk until I tell you to do so. Do you understand? When I tell you to begin, you will take nine heel-to-toe steps down the line. Okay? Turn around and take nine heel-to-toe steps back down the line. When you turn, you'll keep your front foot on the line and turn by taking series of small steps. I'm going to demonstrate all this to you, okay? When you begin, look at your feet at all times and count out each step and look at your feet and count out each step as you're walking down the line, okay? Do you understand so far? I'm going to demonstrate it to you. Seriously? Left foot. Line. You're not going to do anything. You're going to watch me. I know. Left foot, right foot. One. Two. Three. Four. Five. Step here and watch the officer demonstrate the exercise. That's the instruction. Okay. Listen, I'm going to explain this to you one more time. If you can't listen, okay, I have to be under the assumption that you are in a state of mind that you cannot follow directions and you're unable to perform the exercises as I'm prescribing them to you. Okay? This is for your own safety. I can't have you out here falling down because you can't listen to directions. So again, for the second time now, left foot on line, right foot in front. 1 2 3 4 5 6 7 8 9 My left foot's going to stay on the line. I'm going to take a series of small steps like so. My left foot stays on the line. Right foot will come back. Okay, hands down by my side. I'm looking down and I'm counting. 1 2 3 4 5 6 7 8 9 Exercise complete. Again, starting position, left foot on line, right foot in front, hands down by side. A series of nine steps heel to toe down the line, a series of small steps with our left foot on the line, the right foot moving us around, and a series of nine steps coming back heel to toe. Exercise complete. Do you have any questions about anything that I've explained to you so far? No. Ma'am, when you're ready, you can assume the correct starting position and you begin and you can begin. When you're ready, begin. All right, ma'am. Is that not okay? I'm not going to answer that. I will say this, there was a big difference between what I did and what you did. Would you like to continue field sobriety exercises? I'll do whatever you want me to do. All right, the final exercise that I'm going to ask you to do is called the one leg stand. I'm going to ask you to start with your feet together like we have. We can use this white line for a point of reference, okay? You can use your left or your right foot. So, this is your choice. Left or right foot with your arms down your side once again. Maintain that position until told you to do otherwise. Do you understand? Mhm. When I tell you to, I want you to raise one leg, either leg, approximately 6 in off the ground. So, something like this, okay? And that is acceptable. Okay? I want you to raise one leg, either leg, 6 in off the ground. You keep both right legs straight holding that position. You keep your eyes on the raised foot like so. Okay? So, now we're going to keep our eyes on the raised foot, which I can do here. We're going to count. So, when I tell you to begin, it'll look something like this. 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000, 7 1,000, 8 1,000, 9 1,000, 10 1,000, 11 1,000, 12 1,000, and so forth and so on. I'm looking for a number. I'll let you know when that number is complete. Do you have any things any questions about anything that I've explained or shown you so far? All right, take your position on the line, and when I tell you to, we can begin. One moment. You want me to do it now? I'm going to ask you to start. Are you ready to begin? Yep. Go ahead. 1 1,000, 2 1,000 Ma'am, you're being placed under arrest for DUI. Do you live in the city? Why are you doing this? Stop. don't resist. Okay? Stop. Listen. You make the choice to get behind the driver's wheel and operate a motor vehicle while you're impaired, okay? So, the bigger question is why did you do this? 15 Cocoa Beach white female 10-15. Right here. Stand right here. I got to read her uh implied consent. Have you ever been arrested for DUI before? Do you live in the city? You don't? Where are you from? What? Where do you live? I'm not like I'm fine. I'm going to read you something very important and I want you to listen very carefully. This is a DUI implied consent warning. Right now you're being placed under arrest for DUI. I'm requesting that you submit to an approved physical test of your breath for the purpose of determining the alcohol content of your breath. If you refuse to submit to this test, your privilege to operate a motor vehicle leaning up against the vehicle. I don't want you to fall. will be suspended for a period of 1 year for the first refusal or for 18 months if your driving privileges have been previously suspended as a result of a refusal of DUI. Too late. do? Further, if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath and you refuse the test I'm requesting of you now, you will be committing a misdemeanor. Your refusal to submit to this test is admissible in evidence in any criminal proceeding. Are you willing to provide me a breath test sample to dispel you're not? 15 CVC refusal. That's it. I want to let you know something else. Okay? I'm going to be issuing a series of citations. Okay? In the state of Florida, a DUI is a criminal mis- traffic misdemeanor. If you refuse to sign your DUI citation, you'll be committing a second subsequent misdemeanor. Do you understand? I will explain this to you later. So, you're taking me to jail? You are definitely going to jail. Why? For DUI. Please, I please don't do that. It's too late. I'm going to pat you down real quick with the back of my hand. Do you have anything on me that's going to poke me, prod me, hurt me, or otherwise injure me? Go ahead and sit. All right. She needs getting medical cleared. Flaccid. Yeah, I can see that from the walk and turn.