why would you uh why would your eyes be watery and bloodshot do you want to blow me real quick i don't want to blow you odor of alcohol coming from your person great let's let's do a testing so officer winters thinks i'm drinking tonight we're about to do a test and he's going to find out i had nothing to drink he's going to look stupid how many false accusations you got zero it's about to be your first why you shaking so much it's freezing man i wear short turns 30 below congratulations i'll pull the zero so now you're trying to think i smoke weed go and tilt your head back and look down here put that welcome back to the lackluster channel just after midnight on the 28th of august lieutenant nathan winters of the newton police department noticed a vehicle driving with its high beams on and according to the massachusetts driver's manual and state statutes you must lower your high beam headlights to low beam when you are within 500 feet of an oncoming vehicle or within 200 feet of a vehicle traveling ahead of you the operator did not lower the vehicle's high beams which prompted the lt to initiate a traffic stop hi there how you doing sir good how are you good my name is officer winners with the newton police department the reason i pulled drummers because you have your bright lights on yeah but i have a headlight out so i just keep my brights on okay well that's not legal oh is it no yeah i don't know when a car when a car comes by turn them off but like when you're doing with me oh you weren't close enough though you were like usually you got your license registration insurance right yeah i got you i thought it'd be better to have a mom with the without a headlight off is this your car yeah okay where you headed back home where's home it's right down on okay are you new to town or something no i just noticed you're i have eight air county plates yeah i got from my grandpa okay all right you live in greenfield iowa okay hold up one second where you coming from friend's house okay anything to drink over there i didn't hear what you said these seemingly innocent answers to insignificant questions are creating a narrative for the officer to arrest taven in which he was with friends drinking or using illegal substances and subsequently driving which is why it is best to refrain from answering questions from law enforcement officers when asked if he was drinking tavin answers nope but lieutenant winters claims he didn't hear what he said but as you'll soon realize it doesn't matter lieutenant winters is already looking for a reason to charge taven he provides lieutenant winters with the requested documents and after a few minutes he asks tavin to remove the gum from his mouth and to enter his cruiser do me a favor put your gum on the on your dash there how am i going with that yeah perfect we're gonna go back here okay cool you don't have anything on you no bombs guns drugs no bombs or no drugs okay let's go back here the officer moved tavin into an enclosed area to see if he could smell alcohol and continues to ask questions that most people would think nothing of where you coming from backed by uh his name is crayon it's friends house okay what are you doing at creighton's house we're just hanging out have my girlfriend there i got you just got back to college okay good william penn okay play football up there yes sir what position do you play my receiver okay i didn't make travel squad this year though so i'm back for the weekend that's why you're home yeah after asking just enough questions to form a loose social bond with taven lieutenant winters dives head first into his line of dui questioning to catch him off guard how much have you had to drink tonight none yeah what do you mean i've had nothing to drink okay why would you uh why would your eyes be watery and bloodshot do you want to blow me real quick no i don't want to blow you plus i got contacts okay but we can do the whole thing we'll probably get there um how long that's 20 19 uh-huh 19. okay i've had nothing to drink okay so your movements in the car with you fumbling over the registration yep um kind of say otherwise all right and so does the odor of alcohol coming from your person great let's let's do a test and we'll get to the test i can't wait so what happens if you know nothing pops up do you get in trouble no why would i get in trouble because you think i'm drinking but i'm not drinking i'm doing what i'm supposed to do all right let's find out real quick i'm not gonna get in trouble for doing what i'm supposed to do can i record it yeah absolutely what's your name my name is officer winters so officer winters thinks i'm drinking tonight we're about to do a test and he's going to find out i have nothing to drink he's going to look stupid ain't that right i love doing cops but this guy think i've been drinking tonight i've had nothing to drink zero and we're about to find out after questioning taven for a short period he agrees to perform field sobriety tests remember that these tests are subjective in nature and if an officer has already made up their mind that you are intoxicated they will be looking for specific clues to defend their claim anything you do can result in a failure inadequate lighting uneven ground or even adrenaline spikes that often coincide with being accused of driving under the influence are just a few reasons and as we've seen time and time again on this channel perfectly sober individuals are often arrested for their lackluster performance during these tests it is also noteworthy that in massachusetts you are under no legal obligation to take field sobriety tests and can refuse the tests without any adverse consequences a refusal to take field sobriety tests cannot be admitted into evidence at your trial do you have contact soon you said no right now not right now you take them out yeah when i'm a friend's house okay do you have any head injuries or anything nope okay so you took your contacts out of your friend's house yes yeah i haven't loaded the dogs my eyes get dried up and watery so i'll take them out okay are you supposed to have them in when you drive no okay all right so i'm gonna actually have you stand i'm uh right here's fine for now i'm gonna have you stand with your heels and toes together with your arms down your side okay i'm gonna check your eyes it's cool okay what i want you to do is follow my finger with your eyes and your eyes only and do not move your head okay yep do you have any questions for the first test lieutenant winters uses a high-powered flashlight to conduct the horizontal gaze nystagmus test i mean what are we at now this test is about two minutes long i just got my hair for man the rain's gonna float after shining a flashlight into tavin's eyes for nearly two minutes tavin shows no signs of impairment and they move on to the walk-in turn from this position you're going to take nine heel to toe steps touching heel to toe each time keeping your arms down to your side okay that's just gonna look something just like this one two three you're gonna go all the way up to nine okay when you get to your ninth step leave your front foot on the line turn by taking a series of small steps turn and take nine heel to toe step back one back around two three just like i did you're gonna walk after nine steps you're gonna take a serious small step take nine steps back okay during this keep your arms down your side watch your steps count your steps out loud and once you've started walking do not stop until you've completed the test okay perfect any problems with your ankles knees hips or back just my right ankle what's wrong with your right ankle it messes up your football okay does it prevent you from walking just a little bit but i'll be able to do this okay does it hurt right now no okay i have all my weight in my left foot right now all right if you don't have any questions you may begin tavin asks a few questions of the officer during the instruction phase of the test which go unheard one of the questions was if he had to take nine steps without an acknowledgement from the officer tavin completes the test but takes 13 steps and fails to count out loud despite the quick confusing instructions tavin showed no signs of being impaired otherwise but still fails the consensual test come on man it's too easy let's do the breath now we're two for two well sir i don't believe you are two for two how many steps did i say to take like eight or nine i said nine why'd you take 14 and then 15. i thought you're going to tell me when it turned i said to count your steps out loud on my phone um so the next test is i want you to stand with your heels you're supposed to standing right here in this flat part god you're a rookie bruh okay i want you to stand with your heels and toes together with your arms down your side is your first year no no way no way officer winters has been with the department for just over three years it is likely that his co-workers have boots with more time in service but it's important to know that he is administering the tests properly as they were designed which is why you should know your local laws and if field sobriety tests are not required refuse to take them when i say begin i want to see how many false accusations you got zero it's about to be your first we'll see what i want you know he knows it too he knows about the passage what i want you to do when i say begin is raise either your left or your right foot whichever one you want and raise it approximately six inches off the ground and keep it parallel to the ground okay all right during this keep your arms down your side why are you shaking so much it's freezing man look at you you got all these clothes on and i got shorts on it's raining and you fall accusing me so of course i'm gonna be a little nervous yeah you got nothing to say exactly look you in pants i'm in shorts and it's raining now i wear short turns 30 below congratulations next the officer administers the one leg stand which he performs perfectly and conducts the horizontal gaze nystagmus a second time also showing no signs of impairment the officers then have taven count backwards with his eyes closed and head tilted back with his eyes collecting raindrops a couple more tests here okay i want you to stand with your heels and toes together with your arms down your side when i say begin i want you to estimate the passing of 30 seconds close your eyes and tilt your head back okay nice to meet you to pass in three seconds yes sir i kind of allowed that if you want one any questions okay during this you're going to have your eyes closed and your head tilted back okay eyes closed and into the back yes yeah okay go ahead if you don't have any questions you can close your eyes and tilt your head back my editing software shows the exact amount of time that is passed between where officer winter says okay starting the test and when taving completes the test tavin calls out the 30th second almost dead on at 30 and one tenth of a second without swaying or losing his balance officer winters scores him at a 38 later in the video 30. what'd you count to 30. how'd you count there just stay in my head one two three one mississippi two mississippi one mississippi okay all right one more test here hold up am i able to get this video once you want a subpoena what if you want a subpoena hit so would it be easy to do that if you have an attorney you can get it yeah body cam footage does not require an attorney or a subpoena in most states linked on the screen and in the description is my video that details exactly how to obtain body cam footage and what to ask for but now because taven has outperformed just about all persons on earth save for a couple extra steps during the walk-in turn officer winters now conducts a fifth test to try to pin something on taven after the fifth test they finally have taven submit a chemical test with a portable breathalyzer test okay you can relax just for 6 30. are we going to blow let's blow real quick stop doing all these damn tests let's blow let's get to business [ __ ] not my prayer man got this [ __ ] done hasn't been 15 minutes yeah i used to love doing cops he's alone never give me no problems until now my my beams were on because i have a tail light out not my tail light one of the bulbs up front that's why i pulled them up okay i didn't know it was illegal let's go to the front of the car here let's do this load zero zero wait for it if it's possible get negative that's what i'd be at right now so why do you assume behind yourself because you're showing some very strong signs of impairment am i you're a little bit on the uh fury side with the paperwork you're not consistent you're not smooth greenhouse gases so that's a that's a tail tail sign this will show you right here all right what i want you to do is make a tight seal around this and blow outwards like you're blowing up a balloon okay oh all right you ready yep okay you can relax taven blows all zeroes but the officer decides to arrest him anyway um so i'm gonna read to miranda okay once right now you have the right to remain silent anything you say can and will be used against you in a court of law you have the right to an attorney if you cannot afford when one will be appointed to report a question okay sir when's the last time we smoke bleed i do not remember that tonight whoo okay well i wouldn't i think it's tonight i have had no weeds today what why do you think it's tonight why do you think that's one i blew zero so now you're trying to think i smoke weed that's what's going on you can't do that man you really can't do absolutely i can do is he allowed to do that yes he is you think i'm on drugs that's ridiculous i would during my field sobriety i it is indicative of impairment so let's let's let's be honest i'm being honest you smoke some weed at your friend's house no you hit a pin nope okay why is your field why is your field sobriety so poor why is your field sobriety so poor and why are you so lethargic and slow-moving and speaking with a slurped speech and your eyes are watering and your eyes are bloodshot you know why they're watering breakfast and rain right now dumbass it doesn't affect them in the car or in my car well i don't know what you're seeing because i can't see my eyes no weed i don't smoke weed i play college football i told you that we get tested every friday okay don't smoke me today's saturday okay it's 30 weeks is on your show for 30 days so if i did a test next week i'd be off the football team dumbass come on come on i want that video too okay but i think you're impaired i think you're under the influence you think i'm impaired yes well not okay do you uh you want to talk to another officer oh yeah come over here okay do you want to do a drug recognition evaluation or a drug influence evaluation what's that uh there's an officer who checks your blood pressure does a whole bunch of tests yeah let's do it okay it's unclear whether this text message has anything to do with the stop but the message displayed on screen reads i've never want to throat punch someone so hard in my life this message has been sent by officer shinkles the drug recognition expert who happened to be off duty at the time and allegedly had to be called into work to complete this investigation on another side note we have also found documents that appear to suggest that officer nathan winters was convicted of domestic abuse just one year prior to this incident not doing anything officer winters yeah i passed it i passed a test he's being a [ __ ] sure sir why am i still here honestly because he believes you're under the influence i'm the lieutenant i'm in charge so because if he believes you're under the influence that's his specialty that's what he thought i wasn't drunk taven makes a great point there if you recall officer winter claims he can smell alcohol so your movements in the car with you fumbling over the registration yep kind of say otherwise all right and so does the odor of alcohol coming from your person taven blew zeroes and the only other two people in the vehicle happen to be officer winters and his partner with tavin's protests officer winters now calls for a drug recognition expert um i stopped this guy for having his brights on um he's he fumbles around with his uh registration three four five times he uh um he bomb sobriety llc is present finger to nose is bad modified romberg was 38. um he i asked him i said i ready miranda pbt triple zeros i said when's the last time he smoked weed and he hesitated for a long period of time and said i honestly can't remember um so he he says he'll do an evaluation but he's kind of a smart ass all right that's what we'll do then okay but i obviously have enough for to charge him with the sobriety so i'll ask him and i'll let you know just start heading to the pd and i'll let you know taven is now placed under arrest and transported to the local police station he's running it they have a hard over breathing it sounds like you've been just fine i can't believe you can't breathe through your nose yeah just kind of use it after being read his rights the drug recognition expert finally arrives on scene and conducts a more thorough test with haven indoors on level ground and out of the rain one of the most interesting parts was the test that needed to be done in complete darkness so the officer brought taven into the bathroom all right so while we're in the dark i've got my fancy blue pen light okay i want you to put your hands on your lap and check your hands out okay good [Applause] you want to flip your hands over any glow-in-the-dark tattoos go ahead and tilt the head back and look down your put that on the toilet real quick because i see like youtube videos of like all the journalists popping up well you know what i if it is not the same [Applause] finally after nearly an hour of more testing the drug recognition expert clears taven finding no evidence of intoxication and before he left tavin asks to speak with officer winters hey buddy what's going on so uh i just wanna know like how does it feel how does it feel for what remember i told you when you first pulled me over i had nothing to drink he's gonna look stupid you're like you're impaired you're on drugs you drink alcohol turns out i'm not on any of that okay really dumb decision about you today i'm really disappointed in how you came about your job i based my decision on your field to write a test was it really failed though is pouring outside it was terrible cement okay like i said i'll blow right away i do everything there's also steps that i have to go through do you really thought i was drunk and the way i first spoke with you and your movements i believe something was off that's crazy this was this your first false accusation no you said this have been wrong many times yeah i can tell terribly you're so terrible i hope you do better than that next time i would recommend asking for clarification if you don't understand something ask but i didn't need to do all this extra [ __ ] okay well that's why we offer the test to you is like you wasted my night three hours was it three or two hours i don't know we can't we can't have this happening man i love it okay i want you to do a better job than that okay okay as i'm a citizen here i love doing cops you like you're probably a good guy right you probably agree and i'm a good guy i don't have any record and you do that to me like there's other guys partying out in new england right now breaking the law actually breaking the law i'm not over saying there's not and you waste your time with me someone's mocking me getting killed or not you don't know but you gotta be like yeah possible it was unlikely i was drunk all of your indications from the time of stop my breathing isn't like we didn't smell like alcohol this is something i got called for sure so i couldn't find any other way you want to arrest me i offered you when i offered you the drug recognition influence evaluation you said no so i had to go off of what i had on food sobriety okay but we said you better then man let me see i do better now i deserve apology i guess i'm sorry damn that [ __ ] feel good if anything this should be a clear indicator that if you are lawfully able to refuse a field sobriety test without penalty you should if a healthy 19 year old college football star in peak condition has difficulty with it it is likely that you will too chemical tests are different and most states have what's called implied consent in which you agree to submit a chemical test via breath blood or urine by accepting a driver's license remember that i am not an attorney and none of this is legal advice but i urge you to record everything shut the heck up and learn the laws that pertain to your state a big thanks to tavin for sending me the body cams and helping me produce this video his channel will be linked below if you'd like to see his field sobriety tests in more detail be sure to let him know that i sent you as always thanks for watching if you have a video you'd like to submit for review use the link in the description or pinned comment don't forget to subscribe and hit the bell notification for future content and remember to like share and comment down below of what you think of this interaction it really helps the channel if you enjoy our content try our other channels lackluster limited for criminal psychology content and the odd side for paranormal videos shirts and other merchandise are available at the teespring store membership start at just a buck if you'd like to help further support the channel and get a slick lack logo next to your name i look forward to seeing you in the next video all links are down below foreign