[Music] okay okay feeling here a little bit warmer under there yeah okay foot can cool down okay so you have so I want you to recite me what you have unconscious at the wheel there's converts and foil on the ground to go off for him to wake up um what do you have wrapped around his arm his shirt why what would what would you think why he would have done that yeah he tied it off is that normal behavior to somebody to tie up a trip around or I'll buy him a bison okay um and then we got up he was a little lethargic which say he's been apprehensive so far yeah okay yeah he's not he's not acting like like a normal person um he's been on the skin before right he's got private history report which is not used against him for this but also he knows the system and you can hear him how he's talking about it right um let's see here where's the keys at okay all right so can he easily put this car in drive and drive off yes okay so running through all those facts um likely than not I would say can substantial steps to have control over this vehicle his restaurant with this vehicle uh this is a drink so um but dispatch at the RO and the new Classics so um and he said it was his car so yeah we can prove it okay so you think you have enough incriminating evidence that he is impaired digitality of the circumstances between him being passed out with the stuff on the floor that I don't know I will admit that's where my lacking experience okay so so you have you have different ways officers will do things right um here's here's my take okay so we got up here for a guy driver something for this steering wheel get over here lights on the car the Fan's on in the car the car's in Drive keys are in the ignition decent possession of the car he's got burnt foil on his feet he's passed out he's drooling he's got his arm tied up like he just shot up narcotics in the system um he's a little lethargic in this conversation I'd say he's 100 impaired and I'd say 100 if you leave this area and he drives this car he's a danger to the community that's my part that's my problem but that's something that I can articulate and that's something that you feel comfortable with articulating right is this guy free to go and when he started I always thought walking on the corner because he started looking towards the trail line right yeah um so that that's my that's my consumption on this right here so if this was me I would not be letting him walk I would be taking him to jail for drugs okay um potentially right you can all you can read them as rights you can go through the DUI packet you can ask him if he wants to do a volunteer blood draw he says pound sand then yes the worm process okay and let's say right now these are the worst things to do in law enforcement because they take forever they're shift injuries you're done for the night you take this this call is the DUI drug right that being said your name goes on the PC statement your name is the one that's going to be contacting the judge and saying I have profitable costs for this person's arrest you're seizing them right so you need to make comfortable with that decision if you believe that those elements are met so it's not my PC it's your PC so that's something you got to come up the terms with okay and a lot of this is just going to be experience of dealing with these things over and over and over okay so um if I was once told that if you feel like a driver is not good enough to drive a car because he's impaired for a server driver then he should be going right why are we calling a server driver for someone that's not impaired he's impaired welcome no right he's in possession of a car he's got the keys in the ignition what's it take for him to fill that it's already in drive it's already in Drive what's it take why is it inside and he thinks it's a neutral right so why is it in drive right up here like why would it be in even a neutral who puts it in uh yeah so you know okay so just so you know it's the defense's job to articulate them being a safe way off a roadway it's the defense's job to prove that he's not a danger to the community okay that's their job that's not our job our job is to find PC if there's a crime committee right and what's a crime scene where can you drive a car in this state and be considered a UI can you take this on a farm and five acres and drive a drunk thank you as long as you don't have access to your public roadway or in a public anywhere okay in this state if you drive any any motor vehicle Under the Influence is considered DUI does not have to be in a roadway or even your roadway okay so just so you know so um yeah so think about that for a second and decide what you want to do with it if you have any questions for me at all no uh I have the two because these tickets substantial steps he is in physical control of the vehicle and based on my observations of walking up I did believe he was possibly On and On from our brothers um it's so now I'm just trying to can you say that you have junk paraphernalia in the car 100 yeah right can you say that a guy who ties her shirt around their bicep no way that's on the knot we'll be drug users right this guy was sleeping and drooling all over the place you drool when you sleep like that okay right there's so many overwhelming signs that says that this guy should not be driving a car right so regardless of the substantial step of being in the park he's already in the car our contact is why we're here you have another citizen is out here they call it and say this guy's country because these guys past some kind of wheel right substantial step yeah he's in the car he's in the driver's seat right um you know so absolutely now if you want to ask for permission to search his car you can do this for that too right you can see one too familiar dog I definitely hit on that me personally I would just Jack I would take in but you know it's one of those things where you know it's something that you have to come to terms with so if you want to do follow-up questions with him and ask them and make your decision I support you okay so you like I said never let an all their officer tell you how a rest should be made or if the rest should be made you need to understand that it makes sense and then it's lawful you know if you what I'm telling you you don't think it's lawful then let me know no okay no I agree with you what's coming up it's more likely not use underneath the drugs the vehicle control do you know how long drug stays in your body it has an effect more than 12 hours yeah more than 12 okay so we should go to get a warm for the blood and move that around all these things about all these things right remember it in your eyes what everything that you saw boom boom boom right all the totality of the circumstances so but I want you to feel comfortable with it okay I'm not trying to yeah okay okay wrapped around your arm because I think you did some you did some sort of drug because of the foil in the torch right now you're thinking about your answer because you don't want to get caught up in a lie and when you lie to us that just looks bad so if you want me to shoot extreme to you that's me shooting straight to you so I've been patient with you up until this point so I'm gonna turn it back over to officer Tran here and he's going to tell you how things are going to go for right now okay uh but I appreciate you listening to me at that point all right all right Daniel okay for me okay as long as this trans man you're back don't expect your feet for me okay I'll explain to you once we get you safely cut okay