and father. Who are you? Sherry Finn. I'm Sherry Finn's best friend. Come on. Who's best friend? I'm Anne. I'm Anne is the best friend. Come on. Okay. Where are you coming from tonight? I dropped you off at the Applebee's. I I might, but I'm not drunk. Please don't get me in trouble. Please I never had a >> Where were you coming from? Applebee's? >> Yeah. How long were you How long were you there for? Only a little bit. Only a little bit? How much did you have to drink tonight? Two wines. Two wines? >> Yeah. Like what type of pour? Like big pour, heavy pour, normal pour, like Did you have anything before Applebee's? >> No. No. No, just two You had just two drinks at Applebee's? Okay. Where are you headed to now? Home. Headed Where's How far is home? Literally Ohio Avenue right there. Ohio Avenue? >> Yeah, in Middletown. In Middletown? Please don't >> That's Fort Monmouth, right? >> Yeah. No. Yeah. I thought Yeah. Okay. All right. What's the highest level of education you completed? High school. All right. What do you do for work? HVAC. H- HVAC? How long have you been doing that for? 13 years. All right. Do you have any medical conditions? No, nothing like nothing wrong with your legs, nothing like that? Do you have any injuries right now? Are you injured? No. Okay, and uh are you comfortable in your footwear? Yes. Comfortable in your footwear? Like these shoes are fine? You feel like you could run, skip, jump in these shoes? >> There's rocks over here. No, I don't I don't think there's any rocks over here. It's just It's right there. Oh, that's just uh those are leaves. Okay. Just If you want to take a look around, there's no rocks, just just It's a little wet cuz of the rain, but just leaves, all right? Okay. So, I'm going to run you through some SFSTs or standard field sobriety testing. >> Okay. Just to make sure Yeah. Yeah, from county. We're going to have one out for testing. All right. So, do you wear any contacts or glasses or anything like that? No contacts or glasses or anything like that? Okay. Perfect. All right. So, the first test is going to be HGN, the horizontal gaze nystagmus. Just going to make sure I'm just going to check your eyes, all right? So, just do me a favor. I'm going to check your eyes. I need you to keep your feet together and your hands by your side. Your feet should be perfect, okay? So, just don't move out of this position. So, keep your head still and follow the stimulus, which is going to be my pointer finger with your eyes and your eyes only. Do not move your head. Do you understand? Why are you doing this? Did I do something? I'm conducting SFSTs to make sure that you're able to drive, all right? Do you understand? So, I'm just going to You're going to follow my finger with your eyes and your eyes only. Do not move your head. Do you understand? Yes. Okay. Okay. So, for the next test, I'm going to have you just step back a little closer to your truck, okay? It's going to be just take a couple steps back. All right. Next step test is going to be the walk and turn test. Um Joe, do you want to just uh angle your car out more so I could use this white line? All right. So, I'm going to I'm just going to wait for the officer to uh to move his vehicle just so we can use this white line as a so it's easier for you You have something to go off of, all right? So, just um do me a favor, just stand on this white line, okay? Well, you said wait for the officer. >> Yeah, that he's he's moving his vehicle. Okay. Just stand over here and stand on the white line and face me, okay? You can do that now. So, you're going to put your left foot on the line and your right foot and just stay stand like that for right now, all right? Yeah, but just stand still for right now, okay? So, you're going to put your left foot on the line and put your right foot in front of it with your right heel touching your left toe. And now, keep your hands at this at your side, okay? So, you're going to sit remain in this position >> to have to cross them cuz I'm not that comfortable. With what? If you don't feel comfortable, my sergeant My sergeant and lieutenant are here, okay? Who's the sergeant? This is my sergeant. I want to go home. Do you want to continue with the test to see if you're able to drive? You would be You're going to be placed under arrest. >> No. No. I want to go home. I want to go home. Yes, everyone. You'll be placed Okay. So, I'm going to restart the instructions. I'm going to play I'm going to repeat the instructions again to you. >> Yes, I know. My foot Where is my foot? >> I I but I I just have to do it, okay? Okay. Put your left foot on the line and put your right foot in front of it with your right heel touching your left toe. Put your left foot on the line. >> Yes. Put your right foot in front of it and make sure your right heel is touching your toe. Yeah. All right. Keep your hands at your side and don't start don't start the test until you're instructed to do so. Please get in that position as I just instructed you. All right. All right. Now, just remain there and keep your hands at your side. Don't use your arms for balance or anything like that, all right? When told When told to begin, you're going to take nine heel-to-toe steps in a straight line, turn around keeping one foot on the line as I will demonstrate and return nine heel-to-toe steps back in a straight line. On the ninth step, keep your front What? Forward or back? Forward and backwards, okay? I'm going to I'm going to demonstrate to you, but let me just instruct you. Please get back in that position, all right? On the ninth step, keep your front foot on the line and turn around by taking several small steps with the other foot, all right? So, it's going to look something like this. I'm going to I'm going to do it first, all right? Okay, I need you to step back and go back into that position again, all right? So, it's going to look something like this. For demonstration purposes only, I'm going to do three steps. You are going to do nine. Do you understand? Yes. All right. So, it's going to look something like this. One. Two. Three. You're going to count your steps out loud and once you get to that ninth step, you're going to keep your front foot on the line, take a series of short, choppy steps, and then go nine heel-to-toe steps back. One, two, three. It's not raining out. The floor The road's just wet, okay? All right. Hold on. Don't continue Don't start the test yet until instructed to do so. While performing the test, watch your feet at all times, keep your arms by your side, and count your steps out loud, and don't stop until you have completed the test. Do you understand all the instructions I just advised you of? A little bit. A little bit? What do you need me to explain? What do you need me to explain? It's You're going to take nine heel-to-toe steps forward, a Do a small turn, nine heel-to-toe steps back. Do you understand? All right. All right. You can begin the test. It's not nine. Okay, do you want to restart? No. No, do you want to go to the next test then? Do you want to do the next test? What is that? Okay. Next test is going to be the one legged stand. Oh, I can do that. You can do that? You're not going to You don't have any balance issues? All right. So, for this next test, you're going to stand with your feet together and your hands at your side, okay? Do not begin the test until I tell you to do so. I don't know why you're doing this. When I tell you to, you're going to raise one leg >> What my No, not not not at this moment. When I Please keep your hands at your side, okay? When I tell you to do so, you're going to raise one leg, either leg of your choice, whatever leg you're more comfortable with, approximately 6 in off the ground with your foot pointed out. You're going to keep both legs straight. >> I know what you're going to do. You're going to do Don't bend your knees. Keep your eyes on your raised foot while holding that position. You're going to count out loud. 1,001, 1,002 >> You're going to count out loud. 1,001, 1,002, 1,003, and so on until you are told to stop. It's going to look something like this. Hands at your side, eyes looking at your foot, and you're going to count out loud. >> at you right now, so let me see It's It's going to look something like this. 1,001, 1,002, 1,003. And you're going to keep doing so until I tell you to stop, okay? Left leg, right leg, step. Either leg, whatever you're comfortable with, all right? Just give me one moment. Don't start yet. Okay. All right. You ready? Yes. All right. You may begin. 1,001, 1,002, 1,003, 1,004. You can continue. Keep going. You can keep going. No. No? I'm not making a point. Okay. Well, at this moment in time, I believe you're not fit to drive, so you're going to be placed You're going to be placed under You're going to be placed under arrest, all right? First, you're going to be placed under arrest for driving while under the influence. Please, put your hands behind your back. Do you have anything on you? Anything in your pockets? All right, I'm going to check it with the back of my hand, okay? No, I don't. I've never been arrested, so please don't do that. Okay. Well, at this moment in time, you're being placed under arrest for driving under the influence. Joe, is the back open? Please don't put me in there. >> Put her in your car. Put her in your background. Yeah, the back. Oh my god, please don't do it. Nick, can you open up my car? Oh my god. Oh no. You just take a seat inside the car, please. Yes. Excuse me, so I can secure you in a seatbelt. Our back is still down, right? Is it? I believe so. All right. It's who? Bernie said that. I'm not sure. I don't either. I don't Well, 2163 County. I'm going to be heading 10-3 with one female 41 starting mileage 104880. 10-4. 49, do you have her DL? 10-4. 10-4. Affirm, County. Uh 63 is going operator. Not at this moment. I said not at this moment. What do you want? Am I good to head to Hazlet? Yeah. Oh. 10-4, County. I'll be heading 10-3 ending mileage 104881. Sally Port for the paperwork. 10-4. All right, Cherry. I just want to let you know what's going on. It's Cherry, right? I just want to let you know what's going on. So, currently our Alco Test machine is currently down, so we are going to be heading over to Hazlet to use their box, okay? Is this all the paperwork for it? What does that mean? The what? Yeah. The what machine you don't also have in The Alco Test machine. It's what how we can calculate your blood alcohol content, okay? So, we're just going to be heading over there. All right. Yeah. 20 minutes. All right, I know everything. I haven't Mirandized her yet, so I'll do that when I get inside. Um I see you have her DL. So, Yeah, um I'll I'll I'll swing by Joe. No No, I got I got to grab her to do the DL. Okay. 2163 County. I know it's not your fault. I'm going to be headed in route to uh Hazlet Police Department. Starting mileage 104881. But it's fine. >> So, why am I coming to Hazlet? So, we could continue with the DUI investigation. Oh, okay. I don't have my phone to record this. So, I'm so I'm so sorry. Everything's being recorded on my body camera and all the police officers that were involved. >> I'm just 6349. Can you just give me your license real fast? Read that. Can you pass me a little turn on the car? Thank you. Sherry, can you understand me? Yes. All right. I just wanted to advise you of your your rights, okay? I need to record this, so that's fine. You have the right to remain silent. >> wrong. I didn't do anything wrong. So, I need to record this. So, hold on. I don't want to argue with you, please. I swear to god. Um Well, Sherry, can I just finish this? You have the right to remain silent. >> Hold on. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him and her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand these rights as I have explained to you? Do you understand these rights as I have explained to you? Do you understand the rights I just explained to you? Yes. You do? Okay. Having these rights in mind, are you willing to answer questions or speak with me? Well, not 100%. Okay. So, is that a yes? I don't know why I'm arrested. The reason you're being placed under arrest is for driving while under the influence. You never told me. Well, we did tell you on scene. Well, you didn't tell me before then. Well, I explained everything to you. >> There is a skeptical thing right there. You know you're not supposed to What didn't I explain to you? No, now you explained it. Because you explained it before. I explained it to you before that you were being placed under arrest when we handcuffed you for driving while under the influence. And now to continue my DUI investigation, I have to bring you to Hazlet's Police Department as they have a functional Alcotest machine as ours is not operational. 490, he's in the car. Thank you. I never knew somebody could get That works. You got 490, he's in the car. What? I said I never knew somebody could get arrested for What do you mean? I feel like a criminal. I swear to god. I'm the banker or something. That's your problem, I know. It's your own job. It's just New Jersey state law. This is what we have to do. And it's like I'm not going Once we get inside Hazlet, I can't I can't take them off of you, but I could but I could loosen them. >> You arrested me. No, if they're tight, I could loosen them. >> You're recording this, right? Yes, everything's being recorded, of course. >> know you can't. I'll loosen them when we get to Hazlet. I don't know what you're talking about. Who did what? They'll get they'll get back at them. They'll get back at Who'll get what back? Who are you talking about? Everything is a conspiracy. I know. What is? What do you mean everything is conspiracy? >> No, not you guys. You guys are great. I'm not actually talking about it. What are you talking about then? I like conspiracies, though. >> not I'm saying I apologize. I'm not saying that rude. No, I just wanted to know what you were talking about. I'm sorry. I just wanted to know you were talking about. You were talking about conspiracies and then so you know who did this, they'll get you'll get back at them. So, I just wanted >> said I'd get back at them. I never said I'd get back at Oh, that's what it's What did you say? I never said that. Oh, I couldn't understand maybe then. >> I'll go back. I never said that today. No, I I couldn't really hear what you said. How would I I didn't pass it, did I? Maybe you would say something. What? I'll go back at them. No, I don't got enemies. I know you're mad and stuff. You said I'm not I'm not a weird person. I never said you were. You just said I said I'll get back at them. No, I never said that. Well, well, I never >> You're recording this, right? Everything like I said, everything is being recorded. 2163 County, I'll be arriving at Hazlet's PD. Ending mileage 104885. I should have left with 23 from one. I can't believe you're giving me a DUI That's fine. I hope we get home safe. Hope who? Oh, I'm sorry. Who did you say hope gets a DUI? Well, I just wanted to let you know everything is still being recorded. So, everything that you are saying is being recorded. >> I know. Hello. I know this is for a reason. That's fine. Okay. I don't really know what you're talking about, so. I think you I have no clue what you're talking about. He's in the middle.