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Never drink alcohol and driven or what do you mean? Are you never you never drink alcohol driven and passed out in front of a Shell gas station? And then had the police knocking at your door, which I'm not sure which one you're talking about. All of the above. This is going to be a good video. I'm glad you guys joined us. Hey everybody, I'm David Ridings with Crime Time Central. I am live on Stand Against Dark Blue uh Facebook and YouTube. Thanks for joining us. We This bless her heart. Hey Angel. Um we are going to switch it up a little bit tonight. We're still policing police. That's what this channel's all about. We uh bring dashcam videos and uh commentary. We break them down for you. This one um I'm a defense attorney and this is more up my alley as far as criminal defense is concerned. It's a DUI. I'm mainly well, I'm 100% criminal defense in my in my practice. And uh I mainly Hello Wendy. I mainly do DUI defense. So, I'm going to teach you guys a few things tonight. If you've never had a DUI, well then congratulations. Uh you never want one. But most people in America don't know how to be pulled over by the police. So, I'm going to teach you that tonight. I'm going to teach you how I'm going to show you the mistakes that this young lady made. Uh the most the biggest mistake is going to be clearing right at you. Um, but she made some other mistakes that I think had she had the proper training, uh, she would not have made. She was on the verge of making the right decision in a couple of areas, and just couldn't get there. Um, the the police are in in these situations, no offense, uh, my fellow officers, you guys are tricky. And sometimes you say things and and you ask questions in a way, um, and you explain things in a way that make people think they have to take field sobriety test or else something really really bad is going to happen. Let's take a look at, um, this video. It's It's rather long, but I'm going to skip through a lot of it. The parts that I am going to show are um, important for for people to see. Not not for this girl's detriment, but for your benefit. You need to learn what she didn't know, uh, in case you're ever in this situation. Most people say, "Well, I don't drink and drive. I'll never be in this situation." Well, great. That's That's good. You're You're unlike a lot of people. Um, most people that I know that drink have drank too much and driven on occasion. And you shouldn't do that. I don't support drunk driving. I don't defend drunk driving. The crime, I defend the Constitution. I defend people charged with with driving under the influence, but I defend the process and I make sure that the process is fair. Uh, there's nothing fair about these field sobriety tests and I'm going to I'm going to show you why. Let's watch this video. Okay. Open the door. Open the door. Give me a minute. Let me get my wife. 151 Bravo, female is waking up. Open the door. Open the door. This officer is significantly polite. Um, he tells her several times to open the door and she's having a little trouble. It looks like at one point she's about to and she doesn't. She does eventually What's going on? Hm? Nothing. Okay. What did you take? Nothing. Okay. How much did you drink? Now, let me pause it there for a second. This officer, the first thing out of his mouth is what did you take? As a former police officer, that tells me um two things. One, he thinks that she's impaired on something, obviously. And two, he doesn't smell alcohol. So, he doesn't say what did you smoke. So, in my opinion, he probably doesn't smell weed cuz if he opened the door and smelled weed, he'd say, "What have you been smoking?" if he didn't smell alcohol. But, he said, "What did you take?" It's a nuance and it's not a big deal, but and as a defense attorney, we look at everything and we evaluate and dissect everything that this police officer says. Uh so, that's going to be important later cuz they don't smell alcohol, which is unusual. If she was passed out at the wheel having been drinking all night, you would expect them to go, "Woah, man. Ooh, smells like a brewery in here. Um or I smell alcohol, ma'am. How much you had to drink?" He doesn't say that. So, they don't smell alcohol. That's unusual. What's that? A little bit. Okay. Maybe a little bit too much? And this is why we don't answer questions without a lawyer. All of you out there who've never been pulled over by the police, I you don't realize how scary it is. For those of you that have been pulled over by the police, you know how scary it is and you basically get that burst of adrenaline when you first see that police officer and you really don't know what you what you're doing after that. It's It's hard to process what's going on for this young lady. So, it is hard for people to remember these these rules and and things that we teach, but it's important for you to remember the the number one rule is you have the right to remain silent. Now, she does that pretty well here for a minute, but it's for the wrong reasons. She doesn't She's not processing. He's asking her questions and she's just kind of looking around and she doesn't know what to say. Um and I'm making some assumptions, but she she appears to be impaired to me. Now, it is possible that you know, given 100% benefit of the doubt, that she's sleep deprived and maybe she's got some um sleep disorders like sleep apnea or so. I've known people with sleep apnea who can fall asleep like that and having not had anything to drink. So, I'm not convinced yet that she's impaired. She's asleep at the wheel. She might be sleep deprived. I have a a gentleman that I've represented and let's just say he he falls asleep a lot because he's sleep deprived. It's not because he's impaired cuz he's never been impaired. When the when the police stop him, he's he's asleep at the wheel a lot, but he's never impaired. He he's always asleep because he's sleep deprived cuz he works, you know, 70-something hours a week and goes to school and has a kid and he's a single dad and so that's there's a good reason for that. So, let's keep watching and see if you think she's impaired. Okay. Yeah, I was banging on the door for a pretty long time and you were out out. Angel says, "Yes, my ex-husband has narcolepsy." Yes, um I said sleep apnea. You're right, it's not sleep apnea. It's narcolepsy. Thanks so much. I love my audience. Um you guys keep me um on the ball. So, yes, sleep apnea is not what I meant to say. People that fall asleep at the drop of a hat have have narcolepsy. Partied a little bit too hard then? Okay. Do you have your ID on you real quick? Mhm. Where do you work at? Okay. Thank you. Okay. Do you need Do you need uh Orange County Fire Rescue? Are you hurt in any kind of way? You need to go to hospital? No. I'm not hurt. Okay, I'll try for you. You can cancel after you Okay. Okay, so you don't you don't need Fire Rescue? Okay. I just want to make sure you're not hurt in any way, right? Okay. Okay. Corporal, did you uh do you smell anything? Yeah. Huh? No, but I definitely smell signal one. So, I don't know if you caught that there. He said, "Corporal, do you smell anything?" And that the corporal is the senior officer on the on the scene. Um he's a training officer. He's also the DUI officer. And so this guy is I find out later in the video, you haven't seen that part yet, but this is this this young officer's very first DUI arrest. Um so he asked the other officer, "Do you smell anything?" And what he meant was, "Do you smell any alcohol?" And he said, "No, but I I smell signal signal one." Well, signal one to them is weed, obviously. Um so that's also important uh to know that he's questioning this other officer about smelling anything. And that means to me that he hasn't smelled anything yet. Now, he he does say in a minute that he smells a slight odor of weed, but we're going to clear that up in a minute. I got a thick odor of weed too when I was in there. I don't know if you want to disregard. I know you said you don't do drugs. When's the last time you smoked weed, though? Okay. Another good reason for people to understand what their rights are. When a police officer asks you questions, it's not because he he's being friendly and he wants to find out more about you because, you know, he's looking for a date. He's asking you questions that he that he wants to use your answers against you in court. So, when he says, "How much have you had to drink today? Have When's the last time you smoked any weed? When's the last time you had anything to drink?" These are all trigger questions. They're investigatory questions, and they are questions that every time you need to say, "I'm sorry, officer. I don't answer questions like that without a lawyer." Every time. I don't care if you're stone-cold sober. Doesn't matter if you've not had anything to drink in in 10 years, and you've never smoked weed. If he asks you these questions, you say, "I'm sorry, officer. I don't answer questions like that without a lawyer." Your Your answers are not going to help you here. Uh well, this one This one does, but other than that, I I would still tell her that I would have remained silent. 6 years ago? 6 years ago. Were Were people smoking around When's the last time you smoked weed, ma'am? Um 6 years ago. Hey, that one took him by surprise. He was not expecting that answer. How do you know? And And it's smelling a little It's not super strong. It's not It's a little bit. Oh, I'm sorry. The last time I smoked was this year. Okay. When's the last time someone smoked in the car then? A year or so ago. Really? Okay. He said She says a year or so ago. And so I don't I really don't think he smelled weed. I think he said I smelled a slight odor of weed because the corporal said he smelled weed. That's just me. Um I think this officer was really scratching his head when he sat back in his car thinking, "Man, she's got to be on something. She said she didn't take anything. I don't smell anything." Um he didn't ask what she'd smoked. He asked, "What What have you taken?" That's You don't take weed. You smoke it. I mean, you could take it if you had gummies, but that's not what he was asking. I I think he smelled anything. All right. Nobody was smoking around you tonight? Okay. You said you had a little bit too much to drink tonight? Um I'm okay. Well, you're not okay. You're You're passed out. So, you didn't answer that question. He said, "So, you think you've had a little too much to drink tonight?" That She was smart in not answering that question. She said, "I'm okay." What she should have said is well, I mean, saying I'm okay is fine. Um but when somebody ask you a direct question like that, "So, you've had too much to drink tonight?" You say, "No." "No, sir. Officer, I haven't." Um but beyond that, you don't I mean, you're You're okay to deny things when the police confront you with some with a statement like that. Uh but generally speaking, anytime they're throwing questions at you, you need to be saying, "I don't answer questions without an attorney." behind the wheel of your vehicle. I'm not saying that's easy to do, by the way. Former cop here, defense attorney for a long time. I've been doing this for a long time. It's very difficult to tell a police officer no. It's very difficult to tell a police officer, "I'm not going to answer your questions." No matter what your reason is. Some officers, the older officers, typically, or I don't Let me rephrase it. Some of the more intelligent officers will respect you for that answer. The younger officers will get mad because they just want you to incriminate yourself. They don't like it when people know their know their rights. So, it's not easy to tell a police officer no. I'm not saying that this stuff is easy. It's stuff that has to be practiced, and it has to be learned. You don't just know it. You have to be taught this kind of stuff. And you've been here for about 45 minutes. I'm handicapped. Are you uh handicapped or disabled? Can I see where you parked? Okay. So, she's in the handicap zone. Okay, big deal. So, um the biggest deal here is that she's asleep at the wheel. Uh they eventually get her out of the car and they talk to her some more. Uh we're going to go through I'm going to skip through some of this because it's boring. Uh and it's not really what you want to be watching. What I want to get to are um it is the part where they talk about field sobriety test. Now, she I will play I will play this part. This is kind of funny. Do you have a shirt you can put on or anything? You're just wearing a bra right now. Or I guess that I don't know if that's the top or So, I get have my job where I work where I work at. Okay. So, this is your uniform type of thing. Gotcha. You don't have All right. All right. We'll tell you what. Pretty much. So, this is your uniform kind of thing. No, sweetie, you're wearing a bra. It's a bra. I promise it's not your uniform. She thinks um maybe she thinks she's wearing the top part of her uniform. She's a server, I believe, and she wears some kind of uh thing around her waist, but she also clearly is supposed to have a top on and she doesn't. Okay. Is there any reason why you shouldn't go to jail? She's surprised when he says something about going to jail. He said, "Well, is there any reason why you shouldn't go to jail?" Um that's an obvious answer. Because I don't want to go to jail. So, I don't know. He He kind of placates her here for a little bit. Uh he treats her differently than I think he would somebody that wasn't standing there and, you know, half naked. Um, I have an opinion. it. You want to grab that real quick? Uh, if you just want to wait over by my car real quick. So, yeah, we do get her clothes um, for the remainder of the field sobriety test, and then we start talking about do you want to take the field sobriety test. So, let's get into that a little bit, and then we'll answer your questions if you've got any. Uh, Wendy says, right, cuz if you don't do as they want, things get tough. That's true. So, when you tell a cop no, things things do get difficult. But, the good news is if you tell a cop no, uh, and you invoke your rights early and often, then a lawyer can help you much more when it comes time to to go into court. Um, that's that's the most important part. Court um, court is the most important part. You're never going to win on the scene. It really doesn't matter what she does from this point on. They they found her asleep at the wheel. She's dazed and confused when they wake her up for whatever reason. It may not be because of impairment. I'm giving her the full benefit of the doubt because she's innocent as she stands here half naked tonight. She's innocent until she's proven guilty, and I do believe in that. I believe in that standard of proof because it's important for a defendant to to maintain that innocence uh, under the law until the state proves them um, guilty beyond a reasonable doubt. And they maintain that innocence all the way through the process. So, I'm giving her all the benefit of the doubt because she deserves that at this point. Uh, but with that said, there's nothing she's going to be able to say or do that's going to keep her from going to jail now because they've made up their mind. I don't care what they say here. Are you Are you willing to do field sobriety exercises? I don't want I know. All right. So, since I'm the one that's going to be administering them, if you decide to do them, understand that they're a series of small, not very complex actions that I'm going to ask you to do. And that was all a big fat lie. They're not small. They're huge. They're not simple. They're very complex. And they're very They're very important. He's making it sound like they're really simple little things that anybody can do um, if they're sober. And that's not at all true. And I'll tell you why when we get into it. And with those, I'm going to be able to determine whether you should be behind the wheel of a car, which is what you exactly would just were, falling asleep behind the wheel. I got Okay. If you If you perform them correctly, then I have no doubts that you're supposed to be then you're in condition that you should be driving. Okay? But, if you fail to do them correctly, then we're going to see what's going to happen. You're probably going to end up going to jail if you don't do them correctly. If you refuse to do them, you're definitely going to go to jail. So, it's up to you. Okay, let me recap what he just said there. If you do them correctly, and I have no doubt that you're okay, then you'll be okay to to to go about your way. If you don't do them correctly, then you could go to jail for DUI. If you refuse to do them all together, then you're going to jail. So, let's process that here tonight in the comfort of our own home, having had nothing to drink, fully clothed. I know I'm making fun of her. I don't mean to make fun of her. If I do them correctly, you need to be confident beyond any doubt that I did them correctly. That's what he said. If I If If I'm confident beyond any doubt that you're okay, then I'll let you go. If you do them incorrectly, then you're going to go to jail. And if you don't do them at all, you're going to go to jail. So, there is a chance that if you do them 100% perfectly, and I'm 100% confident that you're not impaired, then maybe I'll let you go. It doesn't sound like good odds to me. And honestly, let's put yourself in that situation. Um If you're on the scene of something like this, and you're being asked to take field sobriety tests like this, and they're being described to you whether they're being described to you like this or whether the officer is correct in his description of of the field sobriety test. This is This is not accurate the way he explains that. If you don't take them, it is true that you'll probably go to go to jail, but they're not supposed to tell you that on the front end. They're supposed to give you the opportunity to take the field sobriety test, and they won't encourage you to take them because they want to get the evidence that you will that you will put off and that you will give off and I say give off. They want to collect the evidence that you will show them when you take these tests and all of these tests are very very subjective. What do I mean by subjective? That means if I have a test let's just say it's a math test and I have an objective standard that 2 + 2 = 4 and if you and if you put 4 then you're then you're correct. I have an objective standard. I have a key to the test. Here's the answers to the test and here's the test. If you if you do the test and you give me the right answers and I can put the the key together and here's the answers then you pass the test. Unless you're doing critical race theory which I think they said if you're a person of color and you say 2 + 2 is 6 then that's just a genuine way of you looking at it. Sorry, I didn't mean to make that political. Um anyway, if if we have an objective standard of the test then then we can objectively look and and see if you pass. These examinations have no objective standard. There's nothing that they can say if you do X, Y, and Z you win, you pass the test, and you get to go free. They will never tell you that you passed the test. They alternatively will never tell you that you failed the test. If you say, "Did I fail the test?" they'll say, "Well, we don't talk in terms of pass or fail. You showed indicators of impairment during the test and that's why I'm taking you to jail." They'll never say that you failed it. They can't say you failed it because there's no objective standard by which you can fail it. There's also no objective standard by which you can pass it. So, you're better off not taking it. Now he says something in a few minutes about losing your license if you don't take this test, that's in a different state. In Tennessee, if you refuse the breath test or the blood test, then there is a legal consequence to that. If you refuse the the blood test or the breath test, then you can be charged with what's called implied consent. Implied consent is the state takes their license back, basically. They suspend your license for a year, up to a year, if if it's a first offense, or more if it's if it's a multiple offense. But if you don't take the breath test or blood test, then they'll charge you with that civil uh it's not a crime, it's a civil offense. And the only punishment for it is that you could lose your license for up to a year. You can't go to jail for it. You can't go on probation for it. You can't even get a fine for it. They can't fine you any money. All they can do is suspend your license for up to a year. Now, if you blow and you give them breath or blood and it's way over the legal limit, then they can use that to convict you of a DUI. And not only will you lose your license, but you'll go to jail and there'll be a whole bunch more punishment. So, don't take the test if I know that I'm going to be over the legal limit or I'm not sure that I'm over the legal limit, I'd rather not take the test. There's no way I would take a breath test or a blood test, and I don't even drink. I wouldn't take these field sobriety tests for nothing. And let me back up. I'm going to rephrase that. If you don't drink and you don't take drugs, then clearly you wouldn't want to give blood or or breath to prove that you don't have anything in your system that's impairing your ability to drive. So, I misspoke. I would never take the field sobriety test if I was stone cold sober because I might be tired. I work out sometimes, and sometimes I I get leg cramps. I might not do do well. I might do poorly on these field sobriety tests for reasons other than impairment. I hadn't drank in 15 years. But I wouldn't take the field sobriety test because I might make a mistake that they would misinterpret as me being drunk. And so I I certainly don't want to give them the impression that I'm impaired. So I'm better off not taking any of those field sobriety tests. And what I mean by field sobriety tests are all the things that you do on the street. You walk and you walk the line or you touch your nose or you stand on one foot um and balance, you know, for 30 seconds or you tilt your head back and estimate the passage of 30. You're going to see some of that in a minute. Those are the tests that I would never ever take. Me, personally. I can't give you legal advice. That's not what this is for. This is for entertainment purposes only and I'm just telling you, generally speaking, I as an attorney and a former police officer, I would never take these field sobriety tests. Everything Let me give you an example. If I'm positive that stepping off that line I'm I'm balancing on this line and I'm walking the line. They're walking nine steps and turn around walk nine steps back. If I know that stepping off that line is bad and that I would go to jail if I stepped off that line and I do the tightrope thing where I I know I'm not going to step off that line cuz I'm balancing myself. He just counted two points against me because I lifted my arms above 6 in and I swayed. That That's something that my body would naturally do to stay balanced. And yet it's a point against me. He doesn't tell you that. But that's what his training tells him to do. So you don't know what the objective standard is because there is no objective standard. That's why it's important not to take Obviously we've made decisions tonight that have led us to this point. So it's up to you whether you want to refuse them, lose your license for up to a year, or attempt to to complete them complete them however you want to do it, and then have me evaluated based on that. Can I have a lawyer? And again, in Tennessee, you wouldn't lose your license for refusing the field sobriety test. That's a misstatement of the law, or it is for here. It may be the law there. I'm not even sure what state this is, actually. Huh? Can I have a lawyer? Not at roadside, no. She asked for a lawyer, and he said, "Can I have a" She said, "Can I have a lawyer?" He said, "Not at roadside." And that's a good That's a good thing to ask. I would like to have an attorney. They're never going to give you one at the roadside or at the scene, but asking for attorney and saying, "I won't answer any more questions without an attorney" means that all questioning stops here in Tennessee. If you don't If you don't invoke that right by saying, "I'm not answering questions without an attorney," they can keep probing and and digging at you to answer questions, and they will. But it's important for you to to say that and to speak that right, and to invoke it early. Are you going to perform the exercises or no? Cuz at the current time, you're not under arrest at this moment. You're detained while I'm conducting a DUI investigation, but you're not under arrest at this at this current second. It's 100% your right to refuse. I can't tell you I can't force you to do them. That's your right. But I'm also telling you that refusal to do them is leaving it to our interpretation as to whether you're intoxicated or not, and based on what I've seen and smelled so far, I have no con- like no doubt in my mind that if I was to take you to the DUI center right now and have you blow in the machine like it we're supposed to, you would not do well. So, if you want to do the field sobriety exercises and prove me wrong, then that's up to you. How old are you? And so, they they put it to her like, if you want to prove me wrong, then you would take these tests. Let's break down what he said there. He said, "You're not under arrest right now. At the present moment, you're only being detained." That, as a lawyer, tells me, at that very moment, he doesn't have probable cause to arrest her yet, because he's not made the arrest. Okay? Let's play that through both ways. From that moment, he doesn't have probable cause. He's He just said so. You're not under arrest. You're being detained while I'm investigating this. Let's say she doesn't take the test. Okay? I want a lawyer. I'm not going to answer any more questions, and I'm not going to take any of your test. He immediately would put her in handcuffs. I promise you that would happen. As a defense lawyer, I would be able to dissect that with him on the stand and say, "Wait a minute, officer. What did she do from the second that she refused to the next second when you're putting handcuffs on her that gave you probable cause to arrest her?" The answer to that would be nothing. So, 5 seconds prior to that, you didn't have probable cause to arrest her. I would work that out in in questioning before I got to the next question. I would say, "Isn't it true, officer, you told her she wasn't under arrest?" Yes. "Isn't it true that means you didn't have probable cause at that moment to arrest her?" Yes. "Isn't it true that at that moment, you didn't have probable cause to arrest her?" Yes. "What happened in 5 seconds? She refused. She didn't give you any more evidence. He'd have a hard time answering that. Truth is, he's already made up his mind to arrest her when he saw her asleep behind the wheel. And nothing that she's going to do is going to convince him otherwise. That's the unfortunate truth. 24, so you're grown. You can make your grown-up decisions, all right? That's what needs to happen here. It's not an I don't know. It's a Yes, I'm going to perform them like you're I'm going to instruct it. Let me pull you over here. We're going to instruct it. So, she goes on here to demonstrate um struggle with the decision and let's just skip through. She finally does say, "Yes, I'll take them." So, he gets over here and he's he begins doing the eye test. The eye test is what we call the horizontal gaze nystagmus test. It is "Ma'am, do you see this pin?" Yes. "Follow this pin with your eyes only. Do not move your head." And he does this back and forth. I'm not going to play that all the way through because it's boring for a YouTube video. So, uh I am going to tell you in Tennessee, the police officer can't testify about the results of that test on the stand in most cases without expert testimony or expert knowledge about ophthalmology. It's well founded in Tennessee and and long-standing case law says they can't testify as to what that means to them without that expert knowledge. So, he goes through and he gives her this test. And then um what he's looking for is the involuntary movement of the eyes. I'm not going to That's not what this video's for. This video is to talk more about why you should refuse these tests and and uh what they're looking for when you're taking the test. So, she's taking the the eye test and the next test is what we call a walk and turn test. You put one foot on the line. You put your right foot in front of your left foot and you balance in that in that position until he tells you to start. So, immediately she puts the wrong foot in front of the other one and he corrects her and has her put the right foot. She puts the left foot first and the right foot in front. And then she's supposed to stay there while he instructs it and not move. When you take those nine heel-to-toe steps, when you get to the ninth step, you're going to turn around and stand just like that while and then right foot in front of you, okay? Now, put your hands on your side. Stand just like that while I explain and demonstrate, okay? What you're going to do is you're going to take nine heel-to-toe steps. Now, she's already stepped out of that stance. You see her foot's not in front of the other. He's counted already a point against this young lady. She's already got one strike against her in this test and she hadn't even started walking yet. Um he didn't really make that clear. There's going to be a point knocked off if you step out of this stance, ma'am. What he said was stand right there while I instruct this this part of the test. Well, she thinks, "Well, he hasn't started yet. I'm just going to step out of it." Nine out of 10 people that I represent, that I watch videos, do that. They step out of that stance because they think the test hadn't started yet. The test started when he put you on the line. Okay? So, then he goes on to explain it. He's already counted a point. When you take those nine heel-to-toe steps, when you get to the ninth step, you're going to turn around in the fashion in the in the way that I show you. And when you do that, you're going to take nine steps to the back direction you just came, okay? So, it's going to go 1 2 3, all the way up to nine, okay? And when you get to the ninth step, you're going to take that back foot and pivot just like this, okay? Bunch of small steps with that back foot and you're going to go all the way back. All the way up to nine, okay? Do you understand? Do you have any questions? All right. Whenever you're ready, go ahead and perform that exercise like I just explained it to you. Okay. So, notice here, number one, she's in flip-flops. It's very difficult to do this test in flip-flops. Number two, like I told you a minute ago, she's doing the tightrope thing. I don't hold that against her, but the officer does. And the officer's counted off a point for her doing that. Even though it's easier to balance like that, and your body would normally do this to balance, if you're not drunk and you go to fall down, the first thing you do is going to lift is lift your hands. Your body it's a natural instinct for you to lift your hands. In In the In the game of field sobriety test, in the little circus that they do out there, that's a point against you. So, she doesn't do well on the walk and turn. And then he instructs the one-leg stand. All right, okay. Same thing as earlier. Stand with your feet together like this, hands on your side. With this one, what you're going to do is you're going to raise your foot 6 in off the ground, about the height of a Coke can, okay? And you're going to look at your toe, and you're going to count. 1,001, 1,002, and you continue counting out loud. 1,001, 1,002. It'll be about a 30-second time lapse, so until I tell you to stop, you're going to count. Counting your foot, keeping your hands out at your side. 1,001, 1,002, 1,003, Okay? And you continue to count. Like I said, until I tell you to stop. Do you understand? All right. Give me just a second and I'll show She doesn't appear to me that she understands this test. She hasn't asked any questions, but she's kind of standing there with the deer in the headlights look. Step five? Yeah. Whenever you're ready to begin, whichever leg you want to use. Okay. Okay. Lift one leg and hop. Mhm. That's what I explained. One leg sinks to the off the ground with your hands down by your side. If you have questions, uh they will use that against you. If I mean, all the things that she's doing right here, he's going to note in his report and it's going to be used as evidence against her in a in a a case against her for DUI. So, again, another good reason not to take this test. And count out loud while you're looking at your toe. Keep your leg straight. I can go like this. Straight up just like this. One more time. Straighten your leg. Pick it up and continue. Okay. Clearly not a good test for her. We're going to skip through. She um sh- she showed several indicators of impairment here. For whatever reason, could be because she's impaired. I don't know. I'm not there. I don't know what she's had to drink and don't know what she's eaten, don't know what she's taken. Um she doesn't do that well. And he's made several notes of it, and it's all going to be used against her. Another good reason that you should never take that test. The next test that he's going to give her is what's called the modified Romberg test. He's going to have her tilt her head back and estimate the passage of 30 seconds. I'm going to skip through until he gets he's got he's getting his little stopwatch out. She's supposed to tilt her head back, um, close her eyes, hands to her side, and estimate the passage of 30 seconds without counting out loud. You're supposed to count in your head. And you're supposed to look up when you get to 30 and say stop. So, the clock starts when you tilt your head back and and and you might say go, but the when you start and you do this, he starts the clock. When you do this and say stop, he stops the clock. Let's see how she does. I'm done. Okay. So, whenever you're ready, go ahead and start. She made it to 25, which is good. 25 is a good number to make it to. And 36 is a bad number to make it to. So, she looks up at 34 and change. That, in under NHTSA's guidelines, is a pass. It's the only test that she took tonight where there's an objective standard. 25 to 35 is a pass. All right. And then the last one. I've had clients that got to like um 120 seconds. Um if you're if you're smoking weed they expect you to to really estimate the passage of 30 seconds much much longer than 30 seconds. They expect you to go to 40 or 45 or 50. This guy went to 120 something that I represented once. All right, same thing. You're going to put your hands out like this. Close your head back. When I call out a hand, you're going to bring that hand directly to your nose. Okay? When I When you do that, once you touch your nose, put it directly back out. Okay? So, we're going to do this five or six times. So, feet together, arms straight out. Close your eyes, tilt your head back. Left. You're going to go You're going to do this right here. I'm going to go left. You're going to touch your left and bring it right back out. Okay? I'm going to say right, you're going to do the same thing with your right. Whatever hand I tell you to do is what hand you're going to use. All right? So, go ahead and get in that starting position for me. Sorry, I didn't Was that 70 seconds? All right. It's going to be 70 seconds. Okay. I can't hear what she says there but she's got some kind of questions or concerns or something and I think she's I I think she's very distraught and and right now, honestly all she's thinking about is I'm going to jail. I'm going to jail. I'm going to jail. Oh my god, I'm going to jail. What's my boyfriend going to think? What's my mother going to think? What's my father going to think? I'm going to jail. And so she's not listening to a word that he's saying. And how do I know that? Here's how I know that. So, whenever you're ready, go ahead and get in that starting position for me. Close your eyes, tilt your head back, and I'll tell you what side. Left. Right. Left. Right. Right. Left. Just hold on right there for me. And so, clearly, she didn't understand the rules. She She did the left Oops, that was right. She did the left right left right. She did all that correctly. She just didn't do this. Left. Right. She wasn't listening. Could it be because she's impaired? Maybe. Could it be because her head's full with Oh my god, I'm going to jail? More than likely. There's reasons that you can do poorly on these tests that are not related to alcohol or drugs. I don't know the level of alcohol or drugs in this girl's blood, and I won't ever know it because I'm not involved in that case. I do know that people handle stress differently. And some people will cry. Some people will get angry. Some Some people will just shut down, and they they won't answer questions at all. And a a lot of the symptoms of stress mimic the symptoms of impairment. So, it's very difficult sometimes to evaluate these things, especially when you don't have a smell of alcohol or drugs or weed or anything. They say they smelled slight odor of weed. I don't believe it. And I don't think she smoked weed here. She's probably had some alcohol, but she probably drank vodka, and vodka doesn't have a strong smell. And so, you know, you can be impaired on vodka and there not be a really strong smell of alcohol. I don't know what her alcohol content was, but clearly she goes to jail here. Well, you know, spoiler alert. Let's watch the very end. All right, right now you're being detained arrested for suspicion of driving under the influence. Okay. So, even he was a little confused. You're being detained. No, I mean, you're being arrested for suspicion of driving under the influence. So, the other officer walks up behind her. Um they they do that for a reason. They they put you in cuffs immediately. They don't give you time to think about resisting or doing something stupid. Um some drunk people will do something stupid and, you know, they'll um they'll get mad and fight and, you know, arresting somebody that's intoxicated can can get interesting sometimes. Hey Angel, thanks for commenting. I Let's see. Dream had a had a big earthquake here and upset. Yep. We pulled over. The officer asked me if I was drinking and I hadn't told me you know, speeding. I told the officer yes, and I hadn't I'll read the rest of that. Well, listen, guys. That was really all I wanted to do tonight. I wanted to just encourage you out there. Um if you're pulled over by a police officer, be respectful. Be courteous. But, you can be respectful and courteous and cooperate with the officer. You can be cooperative six ways to Sunday without giving up your right to remain silent. Don't answer questions. If he starts asking you, "When's the last time you smoked weed?" I'm sorry, officer. I I don't really want to talk to you about smoking weed. I don't answer questions without a lawyer. "How much have you had to drink today? Where have you been today?" I'm sorry. I don't answer questions like that without an attorney. Thank you, Angel. Good night to you, baby. And my eye is doing much better. Thanks for um inquiring. I had a couple of uh private messages from people um just concerned about my head and my eye. I don't I might have had a slight concussion, but it's all good. And it's the the bruising is almost completely gone. And I think in a day or two it will be gone and you won't be even be able to notice. I appreciate all you guys that are faithful and you come in here and watch and and comment. Be sure to like and subscribe uh on both Facebook and YouTube. Stand Against is our main platform. We may be doing some rebranding here with Policing Police. We're working on a new website and uh uh some new branding ideas that are going to be fun. Uh in the meantime, you guys keep standing against the darkness and I'll be out there standing with you. We're going to shine laser focus light on this police department issue we have. Defunding the police is not an option. You can't defund the and and eradicate all police. The police need more money. They need more money for better training, better recruitment, better equipment, uh better uh non-lethal use of force equipment and and things like that. And they need better training. They don't need you to be taking money away from them uh and defunding the police. So, we don't do that. But, we do shine a light on darkness. We're going to shine a light on bully cops every time we find one. I'm going to write a letter, and I'm going to encourage the chief and the city council to fire them. And when we find one like that that we think we need help on, we'll put that out here, we'll put the address out there, we'll put an email address out there, and you guys can can just flood them with letters and emails about cops that need to be eradicated. And if we can do that, and we get a big following and can do that, you ain't seen nothing yet about what we can accomplish. And that's our motto, you ain't seen nothing yet. You guys be well. We'll be back tomorrow. Thanks for watching. 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Danger Zone
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