boy 943 ajp 943 hi there how are you doing sir good how are you good my name is officer winners with the newton police department the reason i pull 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're like yeah you're a while back has to be within 500 feet oh i love that i'm sorry and you're not supposed to have your brights on in the city limits my phone you got your license registration insurance right yeah is this your car yeah okay where are you headed back home where's home it's right down on city are you new to town or something no i just noticed you're have adair county plates yeah i got from my grandpa okay he lives in greenfield iowa okay hold up one second where are you coming from friend's house okay anything to drink over there i didn't hear what you said this is one of these you need one of these right here yeah i mean that's a good start that's the registration i just got a new one so i don't know which one's the old one okay y'all see both of them okay i'll take this first one here cut your insurance yeah yeah i got you would it be that white card uh it could be that's one that expired in 21. i got the email version howdy all right that'll work i'm gonna have you hop out with me okay cool car on or off uh you could probably leave the car off all right i'm gonna run the window up real quick all right do me a favor put your gum on the on your dash there oh my 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 i'm gonna have you have a seat in my passenger seat okay awesome good have a seat right on in there for me okay close the door behind you where are you coming from backed by uh his name is crayon it's friend's house okay what are you doing at creighton's house we're just hanging out have my girlfriend there i gotcha just got back from college okay good william penn okay play football up there yes sir what position do you play my receiver okay i'm back for the weekend that's why you're home yeah i gotcha did you go to school here newton oh yeah okay played football here did you go here no yeah no how much have you had to drink tonight none what do you mean i've had nothing to drink okay why would you uh why would your eyes be watery in bloodshot i just noticed you have eight air county plates yeah i got it from my grandpa okay do you want to blow me real quick no i don't want to blow you plus we'll probably get there um that's funny 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 going to 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 gonna find out i had nothing to drink he's gonna look stupid ain't that right i've had nothing to drink zero and we're about to find out of course in dad's name but got it from grandpa yep all right so let's go up on the sidewalk here and i'll talk with you up there okay cool you have contacts in you said not right now not right now nope you take them out yes okay are you supposed to have them in when you drive yeah okay all right so i'm gonna actually have you stand right here is 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 nope what color your eyes hazel hazel do they ever change colors nope okay not that you know of okay can you see my finger clearly yes sir okay how many more we got oh this test is about two minutes long got some big figures did you play football i did good position detach one right tackle here nope we're at knoxville oh we we just beat knoxville big time yesterday yeah didn't when i played though what year were you uh 2012. you played college football too many concussions you only stare at the point yeah just holding my finger did you ever go to college though i did um are you comfortable in walking in the shoe you got on yeah okay let's uh let's do somewhere over the straight path like right here there's a straight path right here it's not very flat get it right here we're gonna use this line right here perfect that work yep okay all right so i want you to put your left foot on the line okay take your right foot put it in front of your left foot with the heel your right foot touching the toe your left foot just like this okay stay in this position until i tell you to begin okay perfect you got any questions nope okay so 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 forward back around two three just like i did you're gonna walk after nine zips you're gonna take a series of small steps take nine steps back okay during this keep your arms down to 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 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 nope okay i have all my weight in my left foot right now all right if you don't have any questions you may begin [Applause] so you want to get to nine i guess so how do i turn uh take a series of small steps stop walking 13 steps improper turn heel toe [Applause] come on man it's too easy let's do the breath now you 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 gonna tell me when it turned i said to count your steps out loud um so the next test is i want you to stand with your heels and close together stand 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 we're here no no wait when i say begin i want you to meet 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 perfect it's gonna look something just like this okay during this watch the tip of your toe keep your arms down your side and count out loud in the following manner repeat the directions from where to where so you said six seconds hold it up nope you're gonna hold your foot approximately six inches off the ground and keep it parallel to the ground gotcha you have any questions nope 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 it shorts on it's raining and you fall excuse 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 shorts 30 below congratulations questions about the test nope okay if you don't have any questions you may begin keep your legs straight is that six inches to you yep how much do you count 16 mississippi it's ridiculous okay you can relax i got one more test for you i'm gonna check your eyes again okay all right i'm gonna go in a circular motion around the outside of your face but i'm not gonna i'm gonna come in towards the bridge of your nose but i'm not gonna make sure well me too man give me a little blow i will no zeros i will here in a minute they're gonna they're gonna tell me supervisor you're looking at him thank you thank you rookie move don't think so so i don't just follow my finger with your eyes and your eyes only and don't move your head okay gotcha you when you cross my eyes or what i want you to follow my finger all the way in i see it okay all right uh 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 ask me the pets in three seconds yes sir i kind of loud if you want one any questions nope okay during this you're gonna have your eyes closed and your head tilted back okay eyes closed and head to the back yeah okay okay go ahead if you don't have any questions you can close your eyes and tilt your head back okay [Applause] thirty what'd you count to thirty how'd you count there just stayed in my head one two three one mississippi two mississippi one is sitting in my head okay all right one more test here hold up am i able to get this video what's that what so would it be easy to do that all right i want you to stand just like you are make a fist rotate your hands facing me and extend both index fingers i would record it but like my phone's at one percent heel okay rotate your palms just like that i'm gonna give you a series of commands okay the command's gonna be either left or right okay whichever hand i say i want you to bring that hand up touch the tip of your nose with the tip of your finger and bring your hand immediately back down okay questions so you do gaze my left and my right and that's your list and that's your right yes all right and when i mean the tip i mean right underneath your nail bed okay not your pad now you're not going to know all about tips okay any questions all right go ahead the trick is you're going to have your eyes closing your head tilted back okay you got any questions all right go ahead and tilt your head back further okay left right left right right left stop doing all these damn tests let's blow let's get to business [ __ ] up my perimeter man just got this [ __ ] done i used to love doing cops i used to love them never give me no problems until now 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 him up okay i didn't know it was illegal let's go to the front of the car here let's do this blow zero zero ready for it it would possibly get negative here because you're showing some very strong signs of impairment 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 cool all right you ready yep okay you can relax um so i'm gonna read your miranda okay when's the right now you have the right to remain silent anything you say cannon will be used against you in a court of law you have the right to an attorney if you cannot afford one will be important to you before any question okay dessert when's the last time we smoked weed i do not remember that tonight oh okay well i wouldn't i think it's tonight i've had no weed tonight for 6 30 what why do you think it's tonight 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 that absolutely i can is he allowed to do that yes he is so i hold zeros now that's what we're on you think i'm on drugs that's ridiculous i would my 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 otherwise all right and so does the odor of alcohol coming from your person great let's do it why is your fuel why is your field sobriety so poor well what why is your field sobriety so poor and why are you so lethargic and slow moving and speaking with a slurred speech and your eyes are watery and your eyes are bloodshot you know where they're watery practice running rain right now dumbass doesn't affect them in the car or in my car well i don't know what you're seeing because i can't even 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 we say it's on your [ __ ] 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 i'm 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 right can you hear me um so here's my situation i stopped this guy for having his brights on i got six with me too 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 he bombed 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 zeroes um so he he says he'll do an evaluation but he's kind of a smart ass um would you want to talk to him or 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 how do you pronounce your name kevin david and gallant okay so um i spoke with the drug recognition expert and he said that he's willing to do an uh drug influence evaluation on you um we would have to go up to the pd right now yep i don't want to do that right now you don't want to do it right now why not because you had me on this damn ring we would go to the pd where it's well i don't want to do that i don't want to do that now i want to go home you're wasting my time waiting for change right now you're being placed under arrest for operating while intoxicated okay i'm not intoxicated here i'm not intoxicated yeah i blew zero you can be under the influence of a my narcotic nothing else on here it's one healer man i see that drugs okay let's go back here have a seat in there you wait till my mom comes though nope you're over 18. you got anything else in your car okay you want to make you want us to lock it up and leave it here yep here's zero oh okay i'll get you out of handcuffs stand up and face the wall have a seat so you don't want to do the drug recognition evaluation you can do it [Music] [Music] through your nose yeah [Applause] yeah just kind of just use it please keep it on me for a reason keep it only for real so once when we used weed last it's always been so long i can't remember i've done it it's been a really long time definitely over a year why wouldn't you tell me that no no in the field because i stopped doing that there's nothing good for me and why is your field sobriety so bad it wasn't even bad i was doing good i always stayed on the line the only thing i messed up on was not going nine steps like you said but i thought you were going to tell me when to move with zeros only reason i had my bright songs because then either one you're going to get stopped and given a warning yeah i did that but like yeah you're always going to happen i just feel like it's more safe than the brights on it all right i'm going to read the implied consent advisory too just follow along with me as i read out loud all right you don't have to answer this now having read to you the appropriate implied consent advisor right here by request a specimen of your urine for chemical testing to determine the alcohol drug content again you don't have to answer that now oh you got this that's what i'm going to request yeah it is well your sobriety tests and everything else is saying otherwise your other field sobriety test dude i felt like i was doing good on those you weren't you took 15 steps the first time or 14 steps i told you to count your steps to obstructed confidential private meeting with an attorney should they come to the place of attention free from any video no hello i didn't do anything wrong either he made me blow and lose zero he's not excuse me on drugs okay um well uh once he's caught up um we'll have a discussion i just wish we had someone else other than him here because he thought i was drunk it wasn't zeros and now i'm in here even the lieutenant believes you're under the influence i blew zeros so um give your room down stop being because bright's on um okay tell him why because he has a headlight okay so anyway um get up there moving real slow over to the passenger compartment fumbles through the registration three or four times looks at it yeah i had a fumble i was trying to find it looks at it and says is the insurance on the car what's the time uh it is uh 12 55am [Applause] he's going through his registration looks at it says [Applause] [Applause] he's got young mouth i said field sobriety i'm very much on hgn what did you guys do uh 200 block uh 100 blocks south through west okay like hot i didn't just in the rain though he didn't it was just starting oh okay yeah and then um walking turn we take 14 [Applause] never uses his arms one leg stands fine llc you can't hold his eyes complete i don't know so and i said do you want to do a drug influence evaluation sure no oh i wasn't that's when we tried to put them under arrest i understand [Applause] um are you all caught up on your flight content yep i've read him everything all you need to do is make some phone calls if he wants okay um what do you say modified romberg was like 30 7 38 okay so it's close but i mean he's over 35 sweaty and then he's got pretty bad eyeliner okay all right um anything in the car no okay here's that the brights the rights and the uh stubby for the brights okay [ __ ] dude we'll figure it out being drunk so he's like he's uh [Applause] just keep an eye just stay within shouting reach and okay or watch me at the camera or something i should be okay thanks man good so my name is drew uh we're here at the police department all right so it sounds like you got traffic stopped yep um just for my brights and then accused me of being drunk and i was like you can blow me right now i'm not drunk sure um yeah good he said it smells like you smell like alcohol your breast is like alcohol like okay let's blow a blow and all of a sudden he's like do you smoke weed after he said i smell like alcohol so he's really trying to force it he's trying to force something even though he knows come on nothing he's just trying he's trying to be right even though he's wrong but i'm being completely honest with him yeah like you look at my record nothing's on my right house i play college football so i don't do drugs sure it has to be wrong i've been here for no reason i like a sprained bench before it didn't test but i said hey i'm good enough it's not going to affect me okay okay get my [ __ ] straight okay um so here's where i come in right um i have different certifications and officer winners um i'm called a i have a drug recognition expert um certification yes sir um so my training um it does involve field sobriety uh so i'm gonna ask you to do some of the stuff you've already done he's going to do it so he's just he's going to do it he wants to do the e-battle you might want to win i'll be okay i'll holler if i need you thanks two three four five six [Applause] [Applause] my eyes are watering i'm for no blood pressure tests what guess what get this in the lieutenant was right next to him too watching the whole thing not doing [ __ ] about it that's so fun i know bro hey david whenever you're done there i'm ready to go where you are i'll put you back a little bit i'm doing more tests let's go ahead and get your left wrist again i'm going to check another pulse on you do you have a shirt underneath your sweater if you can slide it sorry you know [Applause] all right so big one on this is just don't move don't talk it's gonna it's like a blood pressure cuff i like the doctor's office it'll get a little tight that shouldn't hurt or nothing [Applause] in any glow-in-the-dark tattoos no no no put that on twitter real quick i also see like because i see like youtube videos of like all the germans popping up well you know what i if it is it doesn't work i don't want to get my janitors in trouble how is that okay real hard for years out from uh from a break though or i don't know i think it's just like a moment though i've got a little bit of it with that because like when i was younger i used to be like flame forever big nose it looks fine to me i'm going to stick your tongue out and do the same thing with this white light okay whenever you're done sending that text i've got a few more things for you we're on the downhills let's go to the black shield [Applause] so your mom is also here bottom line up front uh we're going home tonight okay i don't think you're i have no evidence or no information to suggest that you're under the drugs rookie move don't think so so i don't just follow my you know i officer winters is a very talented officer i wear short turns 30 below congratulations he's so like i said when he does he's very good at these right now you're being placed under arrest for operating while intoxicated okay um he does the same ones i do the same way i offer him to you is he still here yeah he's around here can i talk to him if you want um i was just going to take you home speak to him okay i'll i'll let me get outside i'll see if he's busy um and he can come out and talk he would like to speak with you and nate okay hey buddy what's going on so uh i just want to 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 sobriety tests was it really failed that i was it was pouring outside it was terrible cement okay but like i said i'll blow right away but 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 these things have been wrong many times yeah i can tell terrible man 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 again okay i want you to do a better job than that okay okay as i'm gonna see this in here i love doing cops you like you're probably a good guy right you're very agreeable 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 newman 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 got me like yeah possible it was unlikely i was drunk all of your indications from the time of stop my breath isn't like we did it's not 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 field sobriety oh yeah but we should do better than that what's gonna do better i deserve a pony you