Temple, can you send me a 38? I have a driver that's asleep. Should I wake her? No, we're just in the middle of the road on Laura, asleep. All right, let me let you go. A8's pulling up. I'll I'll talk to you when you get over here. All right, bye. Do you want me touching her or just not touching her? Okay. Then you got to roll a little bit. Little bit. Little bit. Little bit. Come on. An inch. There you go. >> Do you have any ears up here? >> Yeah. Temple, as of now. Hey! Hey! Yeah. I also don't know who left here, cuz that was a call someone left. Yeah. No, that she's been breathing this entire time. Hold on. Plug your Okay. Watch your ears for her. >> Yeah. >> Hey. >> Open the door. >> Open the door. >> Police department. >> OPEN THE DOOR. Open the door. That's the window. >> Open the door, please. >> Can you open the door? >> Police department. All right, do the other window. I don't know. It's locked. Open the door. >> Can you open the door? >> Open your door. >> Open the door. Thank you. Are you okay? >> I'm fine. I'm opening my eco system. >> You sorry? >> I was opening my eco system. I'm sorry. >> You're doing what? You're opening your eco system. Do you need the fire department for anything? >> No. >> You having a medical issue? >> No. >> Okay, well, my name is Officer Johnson. I work for the Casper Police Department. We got called cuz there was a car stopped in the middle of the road with That's you. You're the car stopped in the middle of the road. See, can you look right here? Can you see the road? The car's in the road. You don't usually park in the road, right? Okay, so you see how that might be a concern? Yeah. Do you have your driver's license? >> I do. >> 406, the driver is awakened. Claim her. Can you turn your car off for me? Where's the keys to your car? Hey, you're making me go deaf. Your keys. Thank you. Can you hand them to me? Thank you. >> Okay. >> Thank you. >> Have a good night. >> Thank you guys. >> Yep. >> Yeah. Still deaf. >> I finally get to hear the car and stuff at all. >> Oh, yeah? >> Yeah, I don't actually have to physically turn it off. >> Something ringing or is that just my ear? >> Probably just your ear. >> No, it's it's the car. >> Oh, the car. Okay. >> Yeah. >> Is the address on your ID up to date? >> The fact is no. >> No? >> I'm going to add it to the address that you have on the computer for me. >> Mhm. >> Should be at the house. >> Okay. Can you run this? Whose car is this? Whose car is this? >> Mine. >> Yours? >> Okay. >> The awesome >> Was it just you in the car? >> It was just me. >> Well, you're So, you violated Florida State Statute by parking in the middle of the roadway. That's impeding traffic. >> I was pulled over. >> You're not pulled over. This is a breathalyzer. So, cuz she put your car in park in the middle of the roadway. >> Okay. >> That That is against Florida State Statute. >> Okay. >> So, I'm conducting a traffic investigation to determine why you decided to do that. Okay? >> Oh, I I I thought I was pulled over. >> Yes, that's that's what this is. This You're currently detained on traffic stop. Does that make more sense? >> No. >> Okay. Without looking at your watch or your phone, what time is it? >> What now? >> Mhm. >> What I didn't hear a number. >> 2:30 >> 2:30, okay. What road are you on currently? Well, I'm not asking for the address. I'm just Usually people know where they're coming from. Like I can tell you where I came from before I came here. >> I understand. I'm not at the precise >> Okay. But >> my place before any of it um was Orlando. >> Orlando, okay. So tonight you were in Orlando. And then you came to Casselberry, Longwood. And now you are currently in Winter Park according to you. >> It's on the right message. That's what I >> I'm repeating back what you said to me. If what I'm saying is wrong, tell me. >> No. >> No, okay. How much did you have to drink tonight? >> I had two I'm sorry. I had two wine >> Two wine? Uh wine bottles or wine glasses? >> Glasses. >> Okay, got to ask. People be crazy. >> No, not not wine bottles. >> Okay. Two wine glasses, okay. Do you remember what time you had those at? >> I mean I was sleeping with her and sleeping. >> Smell it, um very mumbled, very thick tongued. A bit of a slur. Well, if you can't find it, we'll work with that. Can you step out of the car for me? Can you step out of the car for me? >> I'm not sure. I I was just asking. >> Okay. Do you have a pair of shoes you want to wear? I don't want you to step out on this ground. >> I'm sorry. >> This ground's kind of grummy. >> So you do you have my car keys? >> Yes, I have your car keys. >> And do you have the date? Which is a Sunday now. >> Uh-huh. >> Right. Okay. >> Uh-huh. >> So why are you asking this? Why are you >> So I'm continuing my investigation. Can you step out of the car, please? >> Okay, what's the investigation exactly? >> My traffic investigation. Can you step out of the car, please? >> 100% >> Okay, then step >> want more information. >> And I will provide that information once you step out of the car. >> Okay. So, it's no longer a date because my birthday is already passed. >> No. >> Right? >> Yeah. >> Um So, I sat here and I've gone through dates. I've pulled out my wallet. Yes. Um I've pulled out my ID. So, I I just >> I need you to step out of the car. >> So, what is the actual issue now? >> I am a law enforcement officer giving you a lawful order. Step out of the car. Grab a pair of shoes and get out of the car. >> I can do that. >> Okay, then let's do that. >> As it is here, but what else is the actual issue? >> I will explain everything once you get out of the car. >> I would like you to explain >> going to do that. Step out of the car. Step out of the car. >> We're giving you a very lawful order, okay? I suggest you follow it, okay? Because if not, then it's resisting a lawful officer a lawful lawful >> I'm asking a question. It's not a resistant at all. >> Well, here's the thing is you you tell you not getting out of the car when we're telling you to get out of the >> I'm literally just like you see me following orders. >> to explain >> what I'm doing is asking a question. >> So, it's a given take. >> want to get out of the car and you're just like putting me in handcuffs. No, I'm not going to do that. >> It's a So, it's a given take. >> a question. >> So, ma'am, it's a given take, okay? We're asking you to get out of the car and then we're also going to tell you why we have you step out of the car once you're out of the vehicle. >> why I'm out of the vehicle. Why I'm stepping out of the car right now? >> No. >> Why? >> There's case law that you must step out of your vehicle during a traffic stop. And we are we're conducting a traffic investigation. >> Do you want me to turn off my car? >> Nope, I want you to step out of the car. >> I will turn off my car. >> Your car is already off. All right, come on. Step out of the car. Come on. Grab your shoes. Your other shoes right in front of you. I really would rather not arrest you for resisting. Okay, let's put the shoes on and step out of the car. All right, hop out of the car. Come on. Step out of the car. Correct. You're not You're not under arrest right now. That's correct, but you need to step out of the vehicle. I will promise you the second you step out I'm not going to place you in handcuffs. I will explain everything, but I do need you to step out of the car. If you refuse to get out of the car, I will put you in handcuffs. So, you stay in the car. You're not going to be. I just need you to get out of the car. Miss, what's your first name? Miss I didn't see your ID, so what's your first name? I'm asking you to please step out of the vehicle, leave your wallet in the car. Okay, that's fine. Okay, so ma'am, you need to get out of the car. You need You need to get out of the car. I'm pointing to the ground you need to stand on. Stand on this ground. Okay, okay, so here's here's the new here's the new here's the new deal. You don't plan on it. Just step out of the vehicle. Here's Here's the deal. Here's the new deal. In 5 seconds, if you're not out of that car, we're going to yank you out of that car and then we're going to arrest you. Five Five, four, three, get out of the vehicle. Two Get out of the vehicle. We're telling you right now. Okay, okay. Five, four, three, two All right, all the way. Stand up. >> Stand up. >> What have I done wrong? >> Stand up. >> Stand up. We've been very nice with you. >> Okay, but I've also been nice to you. >> Follow Follow this officer. >> Come on. >> She doesn't explain why you got to do this. >> Come with me, please. >> I'm asking you though. Is that not right? >> No, so when I >> I am not allowed to ask what I've done wrong? >> I'm conducting an investigation. Let's start with you blocked traffic. You're impeding traffic, okay? I'm continuing an investigation. You need to walk with me. Let's walk. >> Okay. >> Okay, come on. All right, we're going to stand right here on this white line. Me and you. Can you turn my headlights off and that spotlight off? I'm blinding I'm blinding myself. Okay, so here's the deal. I'm now conducting a DUI investigation. >> Which is understood. >> Okay. >> Cuz obviously I've been drinking and driving, right? >> I don't know. That's why I'm here talking to you, okay? So, we're just going to talk about it and we're going to figure this out, okay? Before I talk to you, I have to read you this. This is not saying you're under arrest. This is just saying you're not free to leave. Does that make sense? >> to get out of my car, is that correct? >> Because you're being detained continuing the DUI investigation. >> detained in my vehicle though. >> So, detained means you're not free to leave. As in you can't you can't walk away. >> detained in my vehicle. I should have been detained in my vehicle. >> at your hands. Go like this. Do you see handcuffs on your hands? >> No. >> Okay, so you're not >> been detained in my vehicle. I shouldn't have been told, "Hey, if you had not gotten out of the car, you're going to be under arrest." >> You were told that. By both of both of us said that. >> But that should not have been the case. >> Okay, so we're not Are you going to her. >> Okay. >> Please. >> You have the right right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions and have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed for you before questioning if you wish. If you decide to answer questions now without a lawyer present, you will still have the right to stop questioning at any time until you talk to a lawyer. Do you understand what I've read you? >> Understood. >> Okay. >> Um Can I have >> I have your keys. >> Can I have them? >> No. >> Why? Where do you think I'm going? >> being detained. >> I'm not going anywhere. >> Okay, we have your keys. >> I just want to know where my keys are. >> They're in my car. >> Okay, can I have them? >> No. >> Why? >> Because you're being detained. Do you wear glasses? [snorts] >> On my face. Thank you. >> Do you wear contacts other than those glasses? >> No. Okay, can I have my >> No. Your your glasses are on your face. >> I was just checking though. >> Are you diabetic? >> No. >> So, you don't take insulin? >> No. >> No, okay. Are you epileptic? >> No. >> Are you presently ill? >> Uh-uh. >> Are you under the care of a specialty doctor or dentist? >> Unfortunately, no. >> Hear that. Have you recently taken any medication or prescription drugs? >> No. Can I have my keys, please? >> No. Do you have any physical disabilities diagnosed by a medical doctor? >> Blind. Besides being blind as hell, no. >> Fair enough, okay. [clears throat] >> [snorts] >> Do you have a speech impediment? >> No. >> Do you wear a glass, false, or prosthetic eye? >> No. >> Do you have any artificial limbs? >> No. >> Do you have a history of traumatic brain injuries or head injuries? >> That would make my life so much easier. No. >> No, okay. Do you have any allergies? >> No. I'm allergic to bleach and sometimes vinegar. But thanks, no. >> All right. No food allergy or anything like that? >> Kiwi. >> Kiwi, oh, interesting. >> Yeah. >> Um have you ever been diagnosed with any disease that mimics impairment? >> Um No. However, I am moving into this new apartment, so I'm learning new things about myself that I didn't know. >> Okay. Do you have any mobility limitations? >> No. >> Do you require anything to be mobile, such as a cane or wheelchair? >> No. >> What do you do for work? >> I am in social media marketing, and I also am allergic to bleach, so having an apartment has been a little bit rough for me. Um but >> So, it's social media management? >> Mhm. >> Okay. Are you comfortable on your feet for long periods of time? >> Yes. >> Yes. Are the shoes you're wearing comfortable? >> Crocs are always comfortable. >> That's the truth. Do you read, write, and understand the English language? >> Mhm. >> Is English your first language? >> Unfortunately. >> What's your highest level of education? >> Associate's degree with a uh minor in bachelor's. >> Okay. Are you currently having any mechanical issues with your vehicle? >> No. I would just like to see. >> Do you feel like you're at 100% of your capacity? >> 85. >> 85. Okay. And you said you think it's What time do you think it is right now? >> Now? >> Uh-huh. >> Probably closer to 2:00 a.m. >> 2:00 a.m.? Okay. >> [snorts] >> What time did you last eat food? >> Eat food? I don't really eat much. I'll be straight with you because I'm very fat, and I think I should lose weight. I don't know if I am, so um maybe 10:00 >> a.m. or p.m.? >> p.m. >> p.m. Okay. Do you remember what you ate? >> Chicken wings. >> Chicken wings? From Wingstop? >> No. Absolutely not. Ugh. >> Did I beat that? >> No, I ate it myself. >> He does it good. >> No, I made it myself. >> Oh, it was the best one. >> What was the last time you slept? >> I lost when I slept. Like right before that, um, I did have a 6-hour day. So, work day or work day? >> Okay. >> What time did you start work? >> I start work before today around, um, Yeah. >> How much [snorts] alcohol have you consumed? >> Tonight? >> Mhm. >> Well, um, my BFF is 22. So, she drinks a lot more than I do and I play a lot of catch-up. >> Okay. >> Um, I had two glasses of wine, two shots. Yep. >> Okay. Two shots of what? >> Tequila. >> Ooh, good time. Awesome. Do you remember where you were drinking at? >> Um, I'm not from here originally. So, my usual is Castleberry. She's also not from here originally. >> What you looking for? >> So, um, >> I have your ID if that's what you're looking for. >> Yeah, I know. I just want my keys. >> Okay. >> Um, so, >> So, where you drinking at? >> for anything in particular. Thanks. Um, so, we decided to try a new place which was across the street from our house. >> Oh, okay. And then Winter Park? >> Castleberry. >> Castleberry? >> Yes. >> Okay. Compared to other places in Castleberry? >> As a black person, being Castleberry is a little rough, I'll be honest. There. >> Um, >> And I know that from multiple experiences, especially experiences from being black in Castleberry. Um, and I'm old enough, so she's younger than I am. Um, so, we live like around the corner from there and it's a place that has like karaoke, whatever. >> Okay. So, it's a a liquor establishment of sorts. >> a hundred percent. >> Okay. Do you feel impaired at all right now? >> Slight. >> Yes or no? Do you feel impaired? >> Slight. >> Slight? Okay. >> [snorts] >> Do you feel like you're safe to drive right now? >> Yes. >> Yes? On a scale of zero to 10, with zero being stone cold sober and 10 being extremely impaired, how would you rate yourself right now? >> Three. >> Three? Okay. Is there anything else you would like to inform me of before we go on? >> No, I just want to leave so I can go home and I can move tomorrow and I can >> Okay. >> and reestablish that. >> Listen to this for me. I have a reason to believe that you did operate or were in actual physical control of a vehicle within this state under the influence of an alcoholic beverage, controlled substance, and or chemical substance to the point that your normal faculties are impaired in violation of Florida state statute 316.193. I'm now asking if you are willing to perform a series of voluntary field sobriety exercises in order to dispel my fears. Are you willing to perform the exercises for me? >> No. >> Okay. You have the right to refuse to perform field sobriety exercises. However, understand that your refusal can be used against you in court. Furthermore, understand that a decision will have to be made based on the totality of the circumstances that I have observed. With that in mind, are you willing to perform the exercises for me? >> No. >> No? Okay. Turn around, face your car. Turn around, face your car. I'm going to swing this up over. >> Yep, got you. Yep. >> I can help. >> There you go. >> Okay. >> Ooh, watch your hand, watch your hand. I don't I don't want to yank it out. >> I don't understand handcuffs. >> Yep. >> For what? >> I'll explain it in one second. >> But you can explain it now. >> Okay, so you're under arrest for DUI. That's That's the reason. Okay. >> Okay, okay. Um where's my car parked? >> It just went through. >> Oh, okay. All right. >> Are you towing it to a place? >> It's going to be right there. >> Where Where >> We're towing it to Courtesy Towing in Warwick. >> Yep. >> That's where all our cars go. >> I'm so expensive. >> I don't have Yes, okay, we're going to walk over to my car. Come on. Come on. >> Can I have a second? >> No, you can't have a second. Let's walk. Would you like this to go with you? >> my stuff in the car. >> You want this to go in the car or go with you? >> Okay. >> Or I'll take it with me. >> You have my jacket and you have my purse. >> I'll take I'll take I'm walking with you. We're just going to go that way. Come on. Let's walk. >> Your car is this way, I forgot. >> Come on. We're getting to resisting. Let's walk. >> It's not resisting. >> Yes, when I tell you to do something and you don't do it >> Oh, oh, wow. Okay. I'm asking you if >> No. >> No what? >> I Whatever you're asking me, the answer is no. >> Chest up against the >> Put your chest against the car. Put your chest against the car. Spread your feet. Spread your feet. >> Widen your stance, please. >> Thank you. >> You need that. >> No, I don't. >> Can you um Put it in my Put it on the floor before >> Stop moving. Do you have anything sharp or pokey on you? >> Where? Literally. >> Do you have any cigarettes? Do you have any cigarettes, lighters, >> or recreational drugs on me? I appreciate that. I literally just asked you where my car is going. >> It's going to Courtesy Towing. If you have something on you or inside >> I just asked you >> If you have something on you or inside you and I don't find it, you take it in the jail with an additional charge. >> that your whole thing is like whatever. I I don't care. I don't get detained at all. >> You're being arrested. >> I have Okay, I'm being arrested for what? >> For what? Ask the question. >> Mhm. >> Put it in my car. >> Can I have it? >> No. >> Okay. >> Can you hold her? >> Yep. >> You don't need to. >> Stop. >> No, I would appreciate it. >> That's not how this works. >> I don't get to decide what you're doing. Let's go. That was No idea what you mean, man. Have a seat in the car. Have a seat in the car. >> I am. Oh. Exactly how? >> So, you're going to put your foot on that step right there. And you're step up into the car. Turn and face the door. Turn and face the door. Put your There you go. Now, put your butt on. >> Here we go. >> Put your butt on. Watch your elbow.