how you doing ma'am I'll T place can you
turn your lights on for me oh are they
not all the way no you had your only
your fog lights on okay I'm fine we got
your lights registration
regra license and have insurance okay
perfect are you
still NOP I
okay you want H back up there um I'm
actually heading to
oh where you all coming from um
[Music]
[Applause]
sorry yeah on the okay
deepty all right give me a second get
you all out of here
give you registration back you're going
to work right now I where's that at okay
where
you we coming from dinner where was that
at oh the the Spanish P right
here okay has anyone in the car been
drinking tonight um we a couple okay
just cuz I can spot I want make sure
yeah drinks earlier um two drinks within
2 and 1 half hours so 2 and half hours
ago within 2 and 1 half hours
yep the 2 and 1 half hours ago within
the last 2 and 1/ half
hours okay just cuz the way you're
driving cuz you hit I don't if you
realize when you driving Northbound you
hit the white line and then you made the
wi turn coming on hims just I was trying
to fix my fix my light so I noticed they
were yeah yeah the fog lights right okay
you want to step out the vehicle just
want to make sure it's okay if you be
driving
tonight
okay based on how your driving tonight
what I'm saying I'm going say you might
be too impaired to be driving okay so
what I want to do is conduct a DUI
investigation make sure you're not too
pray to be driver okay am I able to call
my word for that if you let me finish
explaining that way you understand
what's going on okay it's not illegal to
drink and drive it's illegal to drink
and drive to the plan in okay so what
this investigation does is help me
determine whether or not you're too inra
to be driving this up what I've seen so
far okay okay so that's what I want to
do um you have your phone handy if you
want to call them everything you're
right
hey can you um send me number so I can
call for the Ori
okay well can can you send me his number
quick so I can have him meet me here
with second
okay any tell you step back here for me
second
hit cp5 at
street so if you need to contact your
lawyer to make have legal meth is fine I
can't wait for a lawyer to come out here
to to do anything else he lives in the
area well I understand that
but at some point we got to move
on I'm cently call
go
ahead you okay I'm okay I'm waiting on
my
lawyer have a good
night go I am okay you moving I'm moving
go I'm
moving I know it's a little bit slow for
drive safe sir why you stop with the
stop sign there you go stop with the
stop
sign
PL I guess it's me
does he want to come out of the car I
took him out oh I just the
okay
it no
luck I just I'm fine to this sobriety
test I just okay prefer to have myy
present well again I can't wait for a
lawyer to be present um it's kind of one
of these things but if you want to do it
we'll do it if you don't want to do it
you don't have to do it you're not
required by law to do it um to let you
know that I have to make my
determination life you're to impaired B
off what I've seen so far so you're not
required to do any of these field
exercises it's your choice but I have to
make them my determination based off
what I've seen so far so based off the I
forgot something man both of you before
I make any enemies you can run my plate
okay you'll see no you'll see that I
have no driving record criminal record
don't give me a problem because of this
because you will regret it have a great
day okay don't run the stops sign next
time I'll do what I want take the cover
off2 me a favor move the car forward
block the
road are do you are you willing to piss
any DIY investigation tonight I mean
what is what is that entail so the first
thing I want to do is take a look at
your eyes to make sure um you're not too
PR to be driving do you have any Vis
Vision issues um I do I have work Ona
you work are they in right now mhm okay
are they for distance for up close um
they're for distance do you have any
medical issues um I have a couple
medical issues okay anything that
involves that would affect your ability
to
drive
no anything that affects your ability to
walk or stand um no do you have any
physical issues not that I aware okay
you can um can you stand right here for
me so am I I would prefer to wait for
nowhere okay I mean I've given you an
opportunity to call him it doesn't sound
like he's answering the phone he
normally is up to date I just I have no
problem doing this I would just prefer
if he were here well again I I can't
wait for a lawy to show up if you need
to contact him on the phone and and ask
for some kind of advice from him that
that's your choice um okay and what
happens if I don't submit to this
without my order being present well like
I told you I have to make an
determination if you're too impaired
based off what I've seen so far okay so
based off of the based on your driving
pattern and what I've seen at the
driving and then the headlights so my
car is an older car okay I was trying to
mess with the headlights so I noticed it
was kind of like off while I was driving
so I was flickering okay
so I mean if he's not answering do you
want to proceed forward it's your choice
so what are what are my options either
proceed forward with the fields of Bur
exes or if you choose not to which is
completely within your right um we won't
move forward with fies I'll make my
determination if you're paired based off
what I've seen so far okay and then
where do where does that go so if you
were to make the determination see the
problem with that is like if I tell you
one way other it's going to affect your
ability to make that decision for
yourself I mean it's not I just you know
I'm very I'm very I'm very familiar with
my rights so I would prefer my attorney
present okay that's fine you have the
right to an attorney present in in the
courtroom so I want you and your rights
are accorded to you in the courtroom
okay okay not on the side of the road U
unless we read you your rights and all
that stuff right now you're in a lawful
traffic stop okay he's giving you the
option for field sobriety test or not
right you have the right to refuse a
Circ field sobriety test and then our
observations determine whether or not
with your actions if you're impaired and
then we go from there that's how that
works okay you don't have a right to a
lawyer here obviously if you need to
call him so I have a right to a lawyer
if you need in the courtroom correct if
you need to call him and you want to
we're affording that opportunity cuz
that's convenient for you right if he
doesn't answer then I mean it is what it
is and and we can't wait for him to to
answer or to show up or anything like
that the the F sobriety also off of
opinion
or off of opinion yes so the fiety
tested um it's based on observations yes
ma'am so just your his observations
correct and well recorded observations
there would be no other person present
it just be I mean I know who else you
want to be here I mean my laor so I
don't he's answer the phone so right I
don't I don't mind doing the you know
the sobriety but I just would prefer to
have somebody you know okay well it it's
it's kind of a yes or no answer so if
you want to let's go if not then we'll
make that decision
okay and I kind of explain it both ways
so this point I mean it's kind of it's
kind of your call okay can I get maybe
two more minutes for my
Ian we've caught at least three times
now it's been like 5 minutes I mean he
is normally very awake at this time so I
just would prefer at this point man' I'm
answer asking for an answer and if you
decline to provide one I'm going assume
that means no so if you want to do
Fields let's go ahead and do them if you
don't want to then that's fine and we
and we'll move on from there soorry you
want to do field spride exercise This
Ti okay so what is Fields cont you're
standing right there for me are you
comfortable walking and standing in
those shoes um yeah okay what you're
going to do is here put your feet
together put your by your side okay okay
so what else besides walk you're stand
right there for right now okay okay do
you see the top of this pen I'm going to
move it back and forth you're going to
follow with your eyes and your eyes only
while you keep your head still okay just
keep your arms by your side keep your
head still you're just going to follow
this with your eyes Okay
mhm just follow with your eyes okay
just going to slow down little bit just
keep following your eyes
he's going follow it up keep your head
still next next f exercis is it's What's
called the walk in Turnal okay it
involves walking down a line um peel a
toe that's what um we'll use the
sidewalk right here if you're okay with
that
uh if you want to stand right here for
me so what you're going to do is you
comfortable walking in those shoes I
know there
sandals I mean I guess okay it's your
call if you no you can stand back whever
you
are you said you want to take them off
it doesn't matter okay it's your call so
what you're going to do is you put your
right foot directly in front of your
left okay you can go and do that you
going to keep your arms by your side
you're going to stand just goe and put
your your right foot directly in front
of your left
okay right foot in front
yep right foot touching the toe of your
left you're Keep Your Arms by your
side okay and you're going to stand just
like that until you tell otherwise okay
when I tell you to not yet you're going
to take nine heel toe steps on the line
in the following manner count each step
out loud okay let's go like this so one
n two three all the way till nine okay
once you hit that ninth step you're
going to take a through the small steps
turn around then take nine he test back
down N J One 2 3 all the way till 9 okay
it's important once you start don't stop
make sure you keep your arms by your
side during the exercise okay do you
have any questions for me I do not okay
if you don't have any questions you want
to make sure your feet are lined up in a
straight line with the heel of your
right foot touching the toe of your left
you're going to go Heel To Toe the
entire time okay okay so even if I'm
abnormally clumsy normally this is still
an accurate test what do you mean I'm
I'm clumsy normally okay so normally
when I walk I do
walk a little clumsy so this is a
accurate test I'm not aware of any
clumsiness having an effect on on the
exercise do you have a balance issue um
not like reported and okay so other than
that I'm I'm not I'm not familiar with
anything that you're speaking
of um if you don't um let's get you set
back up correctly right foot directly in
front your left Arms by your side and if
you don't have any questions for me
whenever you're ready you may begin
okay going turn your like I showed
you yes
ma'am you can just stand right where you
are you can turn and face me though do
is your feet together Put Your Arms by
your side okay for this you a choice
using your left or your right foot okay
I'm going to demonstrate my right foot
that's cuz that's what I prefer but if
you want to use your left that's your
call okay don't do anything yet let me
show you first and we'll go from there
okay so when I tell you two you're going
to lift either your left or your right
foot about extension off the ground
keeping your foot parall with the ground
okay we're look at the toe that F to
count all loud 1 1,000 2 1,000 3 1,000
and tell you tell you to stop okay it's
going to like this don't do anything yet
okay okay feet together Arms by your
side foot in the air toe pointed out
look at the toe of the foot Keep Your
Arms by your side and count out loud 1
1,00 2 1 000 3 1,000 until you tell you
to stop okay if you're reason you put
your foot down pick it up just like you
were doing in the beginning and keep
counting until you tell you to stop okay
you're going to count for approximately
30 seconds okay but I'll tell you when
to start and stop okay okay so foot of
choosing which which foot would you like
to use I will use my right foot okay so
you'll be lift your right foot about s
off the ground keeping that foot par the
ground look at the toe that right foot
and count out L basically okay do you
have any questions for me uh no so right
foot parallel
one second let me get about 30 seconds I
use a timer cuz C counting is hard 30
seconds of parel say that again said 30
seconds of parallel so a little little
exercise what I said 30 seconds of
parallel yeah you're keep foot parallel
with the ground okay okay do you have
any questions you going to make sure you
keep your arms by your side while you do
this okay so 30 seconds is I I'll tell
you when to stop but whenever you're
ready May begin
okay 1 1000
2 1 3 1 4 1000 remember look at the to
that foot while you count out loud 6
1000 7 1000 8 1000 9 1000 10 1,00 11
100000 12
1000 13 1000 14 1000 15 1,000 16
1,000
171,000 18100 you can go put your foot
down you going Put Your Arms by your
side for me
okay unfortunate time I based off what
I've seen so far I am concerned you are
too impaired to be driving so what I'm
going to do next is I'm going to ask for
a breath sample once we get down to
Central breath test okay can I have my
present um no I don't think you'd be
able to show up but uh I'm going to read
you I'm going to read to you your rights
exactly what happens one way or the
other that way you're well informed okay
okay let me gra my wall yeah we'll grab
everything you need out of the car from
the car is there anything else in the
vehicle that you need uh just my ke and
my wallet okay we're going to step back
to my vehicle um I'm y if you want to
slide your shoes on yep if you want to
tell the gentleman what's going on yeah
you want to call item for yeah I'll I'll
call it have you already called 1015 I
did can I I'll grab it for you yeah I'll
grab
everything
674 674
can I get a feeling unit for a search
please can you take your phone in your
pocket for me y I have to put it with
your property wallet and keys going to
come with us anything else they are Yep
they're on the same keychain a female
officer is going to come out and search
you here in a second do you have
anything illegal on your person nope you
going see for
me can I make a phone call uh if you
want to try to call your lawyer we'll
give can I call my mom yeah let me have
a seat we'll take care of your friend
get the car going and get get the phone
call okay okay are you going to have
some
yes
myrant down the F setting
up lights on complaint saw the door open
a few times
sir is this your phone or her
phone you got two phones okay I explain
to him that we're toing the vehicle he's
going to find a ride okay rotation right
yeah
yeah she have to pick it
up yeah one second can you
just start me a rotation for a white
Jeep attack 39 Alpha
xray be
intersection have
to good
did they get a female
yet did you ask for one I didn't ask for
one yeah I didn't hear what they said
[Applause]
ma'am is this blue phone yours as well
yes it is also mine which phone do you
need to use to call your mom I need that
the the blue one the big one one I don't
one did you get my ID and N yeah have
the rest of
it
oops you want your
[Applause]
password my son is at a babysitter so I
need to make sure she's able to pick him
up oh okay
[Applause]
and are the keys included in my bag or
you get in the the the house keys go
with you the car key go with the toe guy
can Mo get all there should be three
house keys or three keys total
everything off the key chain one
second looks like one
two I got two keys on here is that what
you're looking at there should be
your one more with a
poker like a pink poker CHP the
car oh no
it's Howard and
Arch Tango
75 bravo charlie excuse me Bravo Zulu
charlie tango it's going to be a silver
Chevy Malibu call my step CU my mom's
not answering I my son is at the
babysitter and they're not prepared to
watch him sure longer it'll prob
10 or
how what you did
674
64 was there
aing
stand me
ask hello can I talk to my mom pleas
well she's asleep I need to talk to
her
hello um well I just got
arrested why for a possible
du on my way to work so a dawn or Elena
has a Dawn and I if you can call Patient
you can get him in the morning but I
need
to does she tell where it is I'm me uh
Elena I can see the address but and the
address the phone number all right well
I'm currently in the back of the cup and
they letting me
make did you drink before work I had two
drinks where I was at yes but
two but I he told me that he did not
believe that I not Dr so I have to go
his number in but patient should be able
to get him all your work but I don't
know how long it's going to take
so youbody
calland contct
[Music]
what's up I'm going to send the address
to my my mother
hello so I am currently being arrested
for a possible DUI I just call my mom
she so could you pick him up for me in a
morning until I'm
done send me her address I don't have
it my M and then what
time um whatever time I normally pick
him up 101
okay all right well I will call you when
I am done just tell me just tell her to
send me all the stuff and I'll get
up
tax my mom knows what's going
on all right I'm send you that number I
just called my mom you put the key with
the car is there key in there she
works okay I will be back at some point
Tom on
everyone all
right right
than problem in
[Applause]
armania you go St you can go and step
out we got to get you search real quick
after that can I make more call my
actual babysitter I call the pickup
[Applause]
you can turn his face she's got to
search
you you want it inside the car yeah
there might be another house key
somewhere in the driver area if you want
to get them a look it was on the keou
for the I must have it here then hey
hang hang out here one second I'll make
you all like a
look just hang out with her she's she
needs to call the babysitter just let
her call
her it'll be early tomorrow morning she
she's making arrangements now for the
kids all okay
[Applause]
[Applause]
were you coming to stay with that the
car I've already called a
rotation they were supposed to call from
somebody I don't know if that was you or
somebody else for search if you don't
mind it's already been called and we'll
take care to the paperwork if you can
sit with it okay no problem there was a
guy in a white sedan that strove by
twice and then he the scooter as well
yeah we know you don't know him he's not
happy with us he's not happy with us not
really sure why you said you didn't get
the other key there's only two keys on
there so he's in a white sedan he's a
Spanish guy
bald um did they say anything vag like
um BL they have badges oh yeah they
have let
you I'm guessing he lives on the street
he drove by to check on her I think
randomly he doesn't know her doesn't
know her yeah I don't then we told him
hey you got to go and he got upset about
us so he looped around and came back and
said
something so he doesn't come back in
probably 20 minutes though hello
[Music]
hello I am currently being arrested for
possibly
DUI on my way to work
but well he's fine I mean unless you no
so I called so my mom has her number and
address but patients are going to come
get him and watching until I
are you sure is her baby sick no
patience is not huh patience's baby is
not sick no oh okay all right so yeah I
don't know how long it's going to take
but if it takes enough time then
patience don't worry about it all right
yep I will talk to you tomorrow
butti patience will come get them either
from you or my mom but my mom works
tomorrow so she should be coming again
okay she has your so if you get a if you
get a call from a random number answer1
I'm okay all right love you all right
love you
bye we're going to get you down there so
we get you out of the handcuffs and um I
also have to use the rest that we're
going to go through as fast as possible
you can slide in let we get you out of
here okay you said in a tow Tru is going
to come yes tell it okay
yeah the to the other officer going to
stand by
it say it
again no he's he's he's waiting for R I
think and he's been cool
so
nope he's just tell me
huh
what dri they're going to they're going
to hook it up and and then drive it to
their lot they're not going to drive it
like drive it drive they're not going to
actually like yeah they're going to hook
it up and tow
it yeah I'll give you the information
here in a little bit make sure radio is
off
674
674 10351 see
168
719 yeah no
problem
yes right here
person on I just drove
there yeah you wrote it just thing I
wrot it standard standard
yeah one
we
don't if we
cat they're asking for 600
somewhere is that what's next
to
yeah cv35
that it's over there yeah it's these
guys always they're the South End sector
F units yeah
the on 21st Street time unit too
maybe like 5 10
minutes say that one more
time say it
again there there's no place to stop
between here and
there there's no place to stop between
here and
there
so I can't hear anything
can't he that again
front yes one
good see like deep
in like you
wereing you ever seen the statue of the
guy was
thinking I've got right to see right
see anything
just David tell you yeah it told me it
didn't tell me when or
why like it's still in the process
i c
it's still deal on a ratio
got he took the dispatch
when we with M you know Murphy
right Danny Murphy
female no no that's my class she were
with me last weekend I got two in that
spot the 22nd Street Durham area
nice it's like the if you're leaving
from eort to like Riverview or valico or
anything like so then those where that's
the r at home
takes so let me let me ask you something
L like the single thing somebody
right
obviously obviously toxic right but
there's other reasons to T far ntic and
they tend to deep because
they call you run so we're not going to
run the whole thing we'll do HG but if
they're in hand hand to do the walk
around next hand okay
so but can you can you write good with
the hn maybe yeah I mean you're still
going to have your indicators and your
driving pattern it's kind of TR kind of
Trea like a double refusal like a double
refusal huh like a double refusal yeah
Bic treated the same way
okay but if he says hey I agree to blow
if we get over there you would you would
blow him with the indicators and then
you know I guess 105 there
nothing you're only going to ask them
for about a breath if if you have
probable cause right so if you don't
have probable
cause then you're just going to not
charge them with a DI charge them
whatever else you have if you have
problem cost based on your driving
pattern your indicators and your hgn
then you're 10:15 even though he's
already 10:15 for DUI and then run
through the the breath process
yeah because you're not you're not using
your breath for any your breath doesn't
determine your probable cause your
probable cause is based on everything
beforehand the breath is more just like
administrative license issue and then a
you know an Evidence issue for the state
attorney
our evidence is based on
observations that's like the plal breath
test we don't use that at all
right it happens every once in a while
yeah yeah happens a lot like hit runs
right there other
criminal 15 because he's you know he did
whatever then like oh this cuz this guy
h
still going to take on it's just not
going to have the walking turn one leg
stand I mean theoretically you could
read a Miranda and unhandcuff him if you
really wanted to but at that point
that yeah it's a safety issue and then I
would call like a legal issue he's he's
under arrest you know you got
to he's like that gray area where you're
still arrested
like does he feel like it's a vol
or does he feel like he has to do it
right I would argue it feels like he has
to do it cuz he's he's under
arrest lense
give me give me one second I can't
really hear you hold on one second
[Applause]
my shoes H my
shoes Sor that's what I usually
were all right man me step
out what were you saying um if I could
get some phone numbers for my phone
before you'll have access to it to my
phone yeah okay are you positive yes I
just need to make sure my pH is up
well you'll have access to it to I mean
you're not going to have access to it
like the entire time you'll have access
to it like to get picked up and stuff
like that I just need currently now I go
in and I have my phone calls yeah
they'll give you access to your phone to
get numbers out of it
okay and is there
way yes we have to get a female Deputy
come do that cuz we can't do that for
you that's fine but I was able to
hold and through the
Happ
[Music]