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Oh my god. Dad, they're arresting me. >> What the hell, dude? What are you doing? >> Don't resist. >> What are you doing, dude? You didn't even know me. Dad, they're arresting me. >> Stop resisting. >> Dad. DAD. GET ON YOUR DAD. THEY HIT ME ON [screaming] THE FLOOR. DAD. DAD. I don't KNOW WHAT I DID. WHAT AM I DOING? WHAT ARE YOU DOING THIS? >> WHAT DID IT SAY? >> WHY ARE YOU DOING THIS? WHY ARE YOU DOING THIS? WHY? WHY? MY CAT IS in the car. Why are you doing this? >> Okay, let go of your phone. >> NO, I'M NOT. MY DAD IS ON the phone and he's >> Hey, >> HEY, >> YOU ARE NOT GOING TO KICK ME. This is not okay. Get your leg over here and turn over. >> Apron, she's actively fighting still. >> On a Monday evening in the Florida Keys, a sheriff's deputy responded to a citizen call about a suspected drunk driver. What unfolded over the next 35 minutes produced charges serious enough to alter someone's life for years. >> Good Tesla just took off Jamaican Street. We're stop stationary. TURN OFF THE VEHICLE. SHERIFF'S OFFICE. HANDS OUT OF THE WINDOW. >> Both hands. >> BOTH HANDS OUT OF THE WINDOW. STAY RIGHT THERE. Don't move. BOTH HANDS. STAY IN THE VEHICLE. NO. HONESTLY, >> 11. She's getting out. >> What is all this? >> Come here. Come here. Stand in front of my patrol vehicle right now. Right now, ma'am. >> For what? >> 5th 11. She's refusing to comply. Get Hey, >> get out of the vehicle. >> You got me up, bro. I own this. actively resisting. Get out of >> Get out of the vehicle. >> She's taking off. We're stopped again. >> Turn off the vehicle. Sheriff's office. >> The police should stop me over. Oh my god. Dad. They're directing you. >> Stop resisting. >> What the hell? Dude, what are you doing? >> Don't resist. >> What are you doing, dude? You didn't even know me. Dad, they're arresting me. >> Stop resisting. >> Dad. DAD. GET ON YOUR DAD. >> THEY HAD ME ON [screaming] THE FLOOR. DAD. DAD. I don't know WHAT I DID. WHAT AM I DOING? WHAT ARE YOU DOING THIS? >> WHAT DID IT SAY? >> WHY ARE YOU DOING THIS? WHY ARE YOU DOING THIS? WHY? WHY? MY CAT IS IN the car. Why are you doing this? >> Okay, let go of your phone. >> NO, I'M NOT. MY DAD IS ON THE PHONE AND HE'S >> HEY. >> HEY. >> YOU ARE NOT GOING TO KICK ME. This is not okay. Get your leg over here and turn over. [laughter] >> She's actively fighting still. >> The first legal question is whether the deputy had grounds to make contact at all. Under Terry versus Ohio 392US1 1968, a third-party tip about an impaired driver combined with the officer's own observation clears the threshold for reasonable article suspicion. That standard was met before the deputy said a single word. When the subject rolled up the window and drove away before any formal stop was completed, that act of flight didn't exist in a legal vacuum. In Illinois versus Wardlow 528 US19 2000, the Supreme Court held that flight from police is a fact that contributes to reasonable suspicion. It doesn't exonerate, it compounds. Florida statute section 316 1930 stop. up when a law enforcement officer activates lights and sirens. Running stop signs through a residential neighborhood at an estimated 60 mph brings that statute into full effect. At those speeds, the conduct can elevate from a third degree to a secondderee felony under subsection 3 A of the same statute. When the subject was stopped a second time and physically resisted, the charges escalated further. Florida statute section 8431 defines resisting an officer with violence as a thirdderee felony. Kicking a deputy during an arrest is not a gray area. That element was established the moment physical force was directed at the officer. On the question of force, use Graham versus K. 490 use 386 1989. Force must be judged for objective reasonableness from the perspective of a reasonable officer on the scene, not with hindsight. Against an actively resisting subject who had already fled twice and was now kicking, a takedown and handcuffing falls squarely within that standard. [laughter] What happened? What [panting] you good? Yeah. Okay. >> We're right here. I go up to try to walk up to her. She sees me. She takes off and throwing my lights. Starts speeding like 60 mph through [laughter] the neighborhood. Then she took off again. >> Oh, I'm face. >> I'm I'm sure a lot right now. >> No. This is what happens when you flee and then you kick me. >> I didn't flee and I didn't kick you. >> So those lights and sirens mean nothing. We're just out here. I call my father. >> No. No. >> He owns the island. >> 111. You can release the air. >> Call my father. >> I'm not calling your dad. >> Then what do you >> How old are you? How old are you? >> I'm 24. >> Okay. 24. We don't need to call your dad. >> Yeah, you're right. And you're not going to take me in either. >> Get down. >> No, I'm not. Sorry. >> You are not going anywhere. >> Oh my god. Why would you do that? I made the speed report just to let you know. I did 86 getting here. Oh god. >> I think it's more than warranted. >> I think my dad's going to come right here. >> You could have killed someone. >> Yes, you could. >> Yeah, I could have killed you, too. But you're alive, right? >> Okay. >> And my dad's going to be here right now to tell you for >> Listen, until you slow your ass down. >> Can you talk to my dad? >> No, I'm not talking to your dad. You're 20. You're a 24year-old adult. >> Want to try and get her out? >> I'm on his property. >> I don't really care. >> Oh my god. Is in the car. >> Biminy and North Bahamas. >> Do you need to notify him? >> I don't need to notify anyone. You're an adult. >> Can you not? >> I'm not notifying anyone. >> You want to put her in the back? >> Why? What? >> Wait. What's happening? >> I have a We should save one. I can smell it. >> Yeah, I know. >> What did I do? >> You ran from me. >> You one. You ran. >> That's one. >> Two. >> You ran from one. >> Him. How much? You know what? I'm not even going to ask you any questions. All right. You got her. I'm going to go ahead and pat her down. >> Yeah. >> Okay. >> Pat me down, please. >> Okay. >> Wait. I need to just hold the whole >> Oh, pat me down. Everything. William Liam, call him. Liam. >> All right, just hold her. I don't I don't trust him. >> How are you? >> No, I'm 24 years old. I am not calling your dad. >> I'm here on my dad's property. >> You're in the middle of the road. >> Yeah. What did I do, bro? >> Okay. For the third time, you fled. >> I dropped my ran, too. who ran to. >> Do you have anything on you that's >> No, I don't. >> Okay. Well, don't act all shocked. >> Oh, no. I just like I'm shocked again this happened. >> Okay. Well, >> I didn't do anything wrong. Why are you doing this? >> Play stupid games, win stupid prizes. >> We have an RP that said she was intoxicated. I found her parked right here. I put my spotlight, try to walk up to her. She sees me, rolls up the window and takes off. I throw on my lights and she's going like 60 swerving in between running stop signs. >> And then she gets out of the vehicle. I have her taser point. I'm telling her to like just stay there. She gets out >> and then she runs back in the vehicle, rolls up the window, and then takes off flying even faster like you >> uh he's the police. >> I didn't know that. >> I I only told you 10 times. >> He didn't sign anything. >> Did you see this? >> He didn't do that. Did you see this? Oh no. Oh no. Cuz I could hear his sirens on the radio. >> Do that. >> If I saw that, I would act as >> lean against the car. >> What? You guys, what are you doing to me? Why? >> No. What are you doing to yourself? >> What? >> All right. What do you want to do? >> And what do you need me to do? >> We got fleeing the looting, reckless driving. >> I want to do a DUI investigation. >> Yeah. >> I I'm at least going to give her the chance. >> Yeah. >> Are you going to do the field exercise? take off on the first time. >> Can I talk to my >> here? Let me read your marine >> family. >> No, you're not. >> Let me talk to my father. >> You're not talking to anyone right now. >> Are you going to do field sobriety exercises? >> You were under the influence investigation. >> I'm not under hand. He's going to fight. Ma'am, >> I'm not under my parents three houses here. >> I suspect that you are under the influence. was just in one of them. And >> do you want to participate in standard field sobriety exercises to dispel my belief that you're driving under the influence? >> Yes, of course I'm not. [laughter] >> I'm not. I'm not driving. I clean for 3 years. >> I've been clean for three years. >> Like I don't know why this is happening to me. There's a guy over there. >> I I have no idea who this guy is. >> You know her. [laughter] >> Ma'am. >> Okay. >> Are you going to do sobriety exercises? Cuz I feel like you're under the [laughter] >> I don't care. >> Yeah. [snorts] >> Anything you want. >> Okay. >> Hey, Debbie. >> She said she'll do standard field sobriety exercises. Okay. >> Yeah. And just go ahead and do both. >> We can try. Listen, Connor. We can try it. >> If she starts to get hanky, you've got us here. >> Okay. All right. Um, you want me to go ahead and >> get it set up? >> Are you going to do field sobriety exercises, ma'am? >> I need to know if you're >> I need you to bring my dad. >> No. No, that's not going to happen. Ma'am, I need to know. Are you going to do field sobriety exercises or not? >> Who is this guy? >> That's my dad probably. >> Okay. Well, he's got to go. >> No, he doesn't. >> Yes. >> Dad. >> Dad. >> Dad. >> I've been living on this island for 3 years. Why do you do this to me now? >> I have no sympathy for you right now. You could have easily killed someone. There are little kids that live in this neighborhood. The fact that you would run from me and go such a high speed. >> You are. You do not know how lucky you are. You didn't kill someone. >> That's how you got your empathy, right? >> All right. I don't know if we can do him, but she's resisting. >> Yeah. No, >> Dad. >> Megan, put her in. Let's go. >> Can I talk to him? >> What's going on? >> Get in. The guy don't get in. >> Get in. >> DAD. [screaming] DAD. >> WE GOT RESISTING with violence. >> Um, >> you want to let him back up? >> You have a hobble? >> YOU DIDN'T TELL ME WHY YOU'RE putting me in the car. >> Cuz you were going to jail. >> Why? WHY? WHY AM I GOING TO JAIL? >> PLEASE, I won't move at all. >> What's your name? >> I have no idea. >> Stephanie, listen. Listen to me. Listen to me. >> I am going to speed you up and I'm going to let you talk to your dad. You try to hit another one of these deputies. I WON'T >> AND YOU ARE not talking to him. >> I won't. I just want to talk to him. >> She's getting battery on. She's already >> She's got resisting with violence. Absolutely. >> Oh, >> you have to smell the alcohol coming off her. >> No, I need to talk to my dad. Okay, he's coming over. >> He already is. Yeah. >> Stephanie, you have to calm down. >> Why are they copy? >> You've been drinking and you were speeding >> and and now the way you've acted, you've gotten yourself in a deep hole and they're going to take you down. >> She went to the pool. >> There's nothing I can do. >> Just Just see what See why. >> Calm down. I'll get down there and see you when I can. later on. >> I'll try to get down there tonight, >> but you can't you can't start acting out. It's just going to get worse. >> What did I do? >> Well, you've obvious you know what you you know what you found? >> No, I don't. What did I do? >> Wait. >> So, >> what did I come down there if they >> Why are there so many lights? What? >> Too bad you didn't see those lights. >> I told you over. It just came. >> You just got here. She got [snorts] you. She got out of the car, got back in the car, took off. We're in multiple stop signs. I am so happy that she didn't kill someone. >> Yeah. >> I It's It's a blessing in disguise. >> Um just you don't mind walking so you can show me what [snorts] you're saying is >> just let her get [laughter] checked out just for her so she can say that she got checked out by medical. If you take her any further and she has >> You don't know how many medicines I have. >> Someone's got to make contact with the RP. Call Van Hus. Get their RP's information. Someone called in on it. >> We'll do it later. >> What's wrong with me? >> You're toxic. >> Do you have a breathalyzer? When you get to the station, you will be breathalyzed. >> So, why does he say instead of my family being fizzy and I was Why am I Why am I [crying] >> Stephanie? I can smell the alcohol coming off the >> Yeah, I had a little bit like two three drinks. >> Okay. What's happening? You are speeding and drinking. That's what's happening. >> 413. There's >> nothing I can do about it. >> This is not the place you come down here to you. We don't come up here. >> I wasn't doing that. As soon as I saw them, I knew not to do that. The fuel soiety exercises must monitor your father the national host traffic gaze in the stagmas walk in one leg stand. Florida courts have accepted these as scientific reliable evidence of impairment. The position established in state vers meter from Florida's fourth district court 826. After the field exercises the subject provided two breath samples on the intoxert. The results were section one reading at point or above triggers enhanced penalties under subsection 36 is not close to the line. and is more than three times past it. On Miranda, the deputy administered rights adisement once the subject was in custody, including the subject's voluntary admission of consuming two to three drinks are generally admissible even without Miranda warnings under Burkimer versus McCarti 468 US420 1984. Spontaneous statements belong to the record and that one did not help the defense. The breath test itself required no warrant. The Supreme 79 US 438 2006 confirming that a breath test administered an incident to a lawful DUI arrest is constitutionally permissible without a warrant. The chain of custody here appears intact based on the footage and no suppression argument based on the search itself appears viable. Under Florida statute section 322615, a back of 08 or above triggers an automatic 12-month license suspension for a first offense. At 0.15 or above, that becomes 18 months under the enhanced provision. A result of 26 puts the administrative consequence beyond the standard range before a single day in court. Is this >> 511 on two? >> What's up? >> What you got? >> Resisting with violence, bleeding and looting, reckless driving. >> DUI. She's heavily intoxic. I can smell it on her. >> Okay. >> She was right here. And I go to walk up to her. She sees me, rolls up the window, accelerates super fast down the street, throwing my lights and sirens. She's running stop signs. I get her stopped over there. I'm giving her announcements like, "Get out of the vehicle. Put your hands out of the vehicle." She gets out, says she's not going to listen to me. Gets back in the car. I try to open the door. She rolls up the window on me. >> And then she takes off 80 miles. I don't even know how fast she was going. Running stop signs, fleeing. I almost lost her. >> Hey, you're in enough trouble. Hush. >> And then she's she's pushing us, kicking us. She's I I don't think we can do field sobriety exercises. She's resisting too much. We take out her handcuffs. >> She's probably going to I don't know what she's going to do, but I can smell the alcohol clearly. She's slurring. >> I can I can tell she was intoxicated as soon as I was walking up and I saw her face. Okay. >> One white female Florida deal. It's going to be the female custody. >> So, I don't know what to do at this point. >> Why? Why? >> She's going to jail. >> Yeah. >> She's going to go to the station. >> The DUI packet. I don't know how >> you got to fill it out. Every bit of it. You do refuse. We're unable. >> Switch back on. >> Yeah. I I can't. We almost put the hobble on her. >> We had to get her daddy. And I >> What are her meds coming for? >> Just cuz we took her to the ground. >> Okay. >> Yeah. She's >> Yeah, I got >> taken the speed report. >> Okay, I think it's more than one. >> How fast was she going through the neighborhood? >> I extremes like I don't even I couldn't I wasn't paying attention to the speed and just try not to lose her. >> I thought she I thought she was going to kill someone when she took off here. She sped out of here. >> Yeah. The concern would be if she lost control >> if we identified him. >> Father. No, but I will. >> Okay. So, I spoke to Van Hus. The RP said that she didn't make a collision. Almost hit a palm tree and almost hit two pedestrians. They had to get out of the way. Okay. >> All right. We'll get We'll have to get a statement from >> Yeah. RP. Yeah. Van Hus knows he said that he'll identify himself. >> He's supposed to be sending me the information now. I thought about that on the way up there. >> All right. What is happening? >> Why? For what? You didn't tell me. You didn't even read me my rights. >> Don't have to ask me. >> Yeah. All right, ma'am. WE DON'T HAVE >> DAD. They didn't read me my rights and they don't tell me why I'm going in. We told you. >> Dad, >> you resist. You're going to catch more chance. >> I'm not resisting. I'm right here. >> Get in the car then right now. >> DAD. YEAH. Have her lean back. >> Lean forward. Lean forward. >> No. [laughter] [snorts] Dad. DAD. WHAT'S HAPPEN? What is happening? >> We told you. No, but like I can I talk to my dad and let him know where I am. Please help me. Where am I going? What's happening? Where am I going? [snorts] >> You're just going to sit here for now and I'll let you talk to me down in a little, but you have to work and you have to wait. >> Can I talk to him soon? >> Yes. What should you talk to >> before we leave? >> Yes, ma'am. >> Thank you. Thank you. >> Okay. If you be nice to me, I will be nice to you. >> Thank you. I just want to talk to Thea cuz he doesn't deserve. Okay. Were you operating a vehicle? A vehicle? >> Uh when today? >> Yeah, today. Yes. >> Where were you going? >> Uh I was in within uh the island of uh between like one of my two houses on the island. >> And where where was that at? >> Uh Hawk like in the islands on Duck Key. Yeah, >> we know the DUI. >> Justin, that's my brother. Please let me That's my brother. Open the door. >> Justin, >> your brother's not here. >> He's Oh, he looked like me. >> It's not your brother, >> dude. He had the same face low key from the back. >> Where's my dad, though? He's Can I I need to call him. He needs to know where I am. crime. Just leave it at that. Leave it the citation. >> All right, we're not going to jail. You can call when you get to jail. You see that? I I was being nice to you. If you're going to have an attitude with me, we don't have to call him. You can call him when you get to jail. Call my dad, please. Please. Just so you know, cuz he's falling. [laughter] >> He knows where you're going. >> No. I don't have any like DUI stuff and all that. I'm just going to make sure she's medical. Keep your head still and follow. This is going to be the stimulus. Okay. Can you touch it with the tip of your finger? Okay. You You can put your hand down now. So, you're going to keep your head still and follow the stimulus with your eyes only. Do not move your head. Do you understand these instructions? >> Eyes only. try not to move your head. Okay. >> Can you look at the stimulus, please? >> Yeah. Sorry. I was just trying not to move it. It's okay. >> Okay. So, >> let's start over. All right. >> Can you Can you keep your eye on the stimulus, please? >> Look at this. Okay. >> I was just trying to focus my job. >> All right. Let's go ahead and do this. Continue. Put your uh feet together and hands by your side while you're doing this. Okay. Ready? Can you show it? >> Someone else here. I forgot to call him. Okay. Try not to move your head. Okay. You can relax. >> Come over here. >> Two. What are you doing? >> Free of all debris. There's no rocks. There's no gravity. >> All right. Can one of you guys turn on your lights for me? All right, ma'am. So, next test, the next exercise is going to be walk and turn. Okay. >> I heard of it before. >> Okay. So, let me Well, let me explain it to you. So, you're going to sit stand on the line with your left foot on the line and your right foot in front touching heel to toe. >> Whoa. >> So, your your left foot first on the line and your right foot in front. >> Can you put your right foot in front for me? >> Stephanie, you're going to stand like this. Look at my feet. >> Right. >> You're going to put your heel to toe. >> Okay, ma'am. You're going to stand in the line like this. Hands by your side. Oh, so you want right first. >> Yeah. Can you can you touch Can you touch the heels? >> Okay. You need to start at the beginning right here, ma'am. So like this. Watch me. Okay. Let me just make sure. Left foot on the line, right foot in front, hands by your side. You stay just like that until I tell you. Okay. Can you go ahead and get in that position for me? >> Okay. Yep. Just if you move your foot, just try to go back to >> I start on the other foot. Is that okay? >> Left foot and then put your right foot in front. >> Yeah. I start on this foot. >> Yeah. >> Dominant. >> Okay. Well, you're >> Hey, don't don't start yet. >> Okay. >> Is that okay? >> So, you got to touch your heels like this. Okay. >> Do you understand what I'm saying? So, touch your >> toe. >> Heel toe. So, left foot and >> put your right foot in front and touch heel to toe. >> Okay. Just try to stay like that. All right. Do not start until I tell you to. >> Do you understand these directions? >> Yes. >> Okay. When I tell you to begin, you're going to take nine heel to toe steps. Heel to toe steps on the line. And then you're going to turn around keeping one foot on the line and return taking nine heel totoe steps. So, it's going to look like this. Stephanie, I'm going to show you. Okay. Let me show you. So, left foot on the line, right foot in front. Keep your hands by your side. One. two, three, and so on. I only took three steps. You're going to take nine. When you turn around, keep your front foot planted and turn around by taking a series of small steps just like this, Stephanie. Okay, >> I got you. >> And then you're going to take nine heel toe steps back. >> While walking, you're going to watch your feet at all times. Keeps your arms at your side. Can you get back in the starting position, please? >> Do you remember the starting position? This is me. >> Your left foot's going to be in the back, your right foot in front. >> Oh, sorry. This is my primary. That's why it's like really weird for me. >> I wasn't walking. >> Watch your feet at all times. Keep your arms at your side. Count your steps out loud. >> Okay. >> Once you begin, do not stop until the exercise is completed. Stephanie, do you understand these instructions? >> You need nine steps. Count it. >> Nine steps. Heel a toe. Turn around by taking a series of small steps. Do I need to show it to you again? You sure you understand? >> Stretch though. >> You need a stretch? >> I just been driving all day. >> All right, Stephanie, you have to We We got to start doing this. Okay. >> Do you need me to explain the instructions again to you? >> No. >> Are you sure that you understand? >> You need nine steps back. >> Well, do you need me to go over the instructions again? >> No. Okay. Can you get into the starting position, please? >> Do you remember the starting position? >> Okay. It's going to be the left foot behind, right foot in front like this. Stephanie, >> I'm like, are you ready to begin? Do you understand these instructions? >> Yes. >> Okay, Stephanie, you may begin. >> What? It doesn't matter. Both feet. >> Three, four, five, six, seven. All right, Stephanie. So, I have one more for you. Okay. So, this one's called the one leg stand. Okay. All right. So, you're going to stand with your heels together. You don't have to worry about the line this time. If you want, you can stand over here. >> Uh, I actually prefer >> Okay. Yeah. Yeah, that's fine. Or you're going to stand with your heels together and your arms at your side just like this. Okay. >> Mhm. >> All right, Stephanie. Do not begin until I tell you to. >> Okay. Do you understand these instructions? >> Okay, Stephanie, when I tell you to, I want you to raise one leg, either leg, approximately 6 in off the ground. It's like the height of like a Coke can, like a soda can. >> I know. >> Okay. >> Foot parallel to the ground. Keep both legs straight, and keep your eyes on elevated foot. While holding that position, count out loud in the following manner. I'll show it to you. Hands by your side, foot my shoelace, foot out in front, parallel to the ground, about six six inches off the ground. arms by your side. Look at your foot. You're going to count out loud. 1 1,00 2 100 3 100 and so on until you tell you to stop. Okay. >> So, >> do you understand these instructions? Yes. >> Do you have your phone for a timing? >> Time. >> Do you need me to go over anything else? >> No, it's just like 1 to five, right? >> 1,000. >> Do you need me to >> I I explained all the instructions. And you went to 5,000. >> You keep counting until I tell you. I got you. >> Keep going until I tell you to stop. Okay. >> Are you ready? >> You may begin. >> 1 2 3 >> 5 7 8 9 >> Okay, you can stop. Is it 30 seconds? >> Yeah. Right, Stephanie? I got to put these back on. Thank you for not resisting. Okay. So, based on the exercises and everything else that's happened tonight. >> Oh. Can you be able to love hard love? Harder. Harder. Keep going until it tells you to stop. >> Nope. You're playing games. >> No, >> you're playing games. It's fine. You're going to look at the parts. >> Your first sample was 268. Your second was 251. You're trip you're 0.08 08 is the legal limit. 16 is over is double >> point. Sorry, I don't >> Yeah, you can't even see it. I'm a visual person. >> Look right here. 2626 >> and 25. Those are the two samples that you provided. >> So, what is the >> triple over the legal limit? That's what that is. >> Actually, one of them is almost quadruple cuz triple is 20.24. You can take it. We're done. >> I'm just going to classify this and then we're out of here. >> Okay. >> All right. Call your dad and then we got to go on the road. Okay. >> Thank you, Megan. >> What was that? My dad doesn't deserve this. >> You said you don't deserve this. >> My dad doesn't deserve >> Oh, I agree. >> Let this be a learning experience. >> This [snorts] way here. Megan, if you put the Can you adjust the Actually, just hold on. All right, ma'am. >> Come on. >> We got to call your dad. >> Okay. Yep. You're >> I think that's >> Put your >> He's not here. >> Put your uh bottom in first. >> Watch your head. Okay. >> Like this. >> Yep. Again, please do not try to get out of these cuffs. Okay. >> Now, for the grades, the lead deputy receives a B+. The initial contact was legally grounded. The pursuit was justified by documented public danger. The field sobriety exercises were administered patiently and correctly, and the deputy followed through on a commitment to allow the subject to speak with her father before transport. Those are all marks in the right column. Where the deputy loses points is on two issues. First, positioning during the initial stop on Jamaican Street. Second, the brief tactical exposure before backup bezone. Questions asked during the physical confrontation phase while investigative in nature are the kind of thing a defense attorney will look at hard. Neither issue is disqualifying but both are worth noting. The supporting deputies identified in the footage as Megan Connor others on Stephen A minus response was prompt. Physical assistance during active resistance was appropriate and proportional and radio communication was clear. The only deduction comes from briefly overlapping physical control roles during the takedown which created momentary coordination confusion rather than a clean assigned approach. The subject receives a D of blood alcohol content of point pine with two courses including high speeds and spontaneous statements that worked against any potential defense represents a compounding series of that made a bad situation significantly worse at every stage. The sentence four years of probation 30 license suspension reflects that accumulation. Before we close out this footage carries five lessons worth keeping. Encounters like this are not random. They follow patterns and most of the outcomes in this video were set in motion before the first command was ever issued. Here is what the footage actually teaches. Lesson one, flight is not a neutral act. Under Illinois versus Wllo, driving away when an officer approaches does not reset the encounter, it escalates it. Every second of pursuit adds legal weight to the case against you, and running from a DUI stop has historically resulted in far more serious charges than the stop itself would have produced. Lesson two, your back doesn't care about your self assessment. The subject stated she had two to three drinks and was not impaired. The Intoxiler read 26. There is no version of that gap that helps a defense. If you believe you're fine to drive after drinking, that belief is the impairment talking. Lesson three, resisting costs more than compliance ever could. The base DUI charge under Florida statute section 316193 carries defines penalties acting with violence under section 843 01 stacks a separate felony on top. The physical confrontation extended this case well beyond what a DUI alone would have required. Lesson four, spontaneous statements are admissible, saying, "I had two or three drinks while being detained before Miranda is administered is not protected." Under Burkimer versus McCarti, those words go into the record. The right to remain silent is not automatic. It has to be exercised deliberately and the time to do that is before you say anything. Lesson five. Field sobriety exercises are designed to document impairment, not verify sobriety to test. Standardized battery is administered correctly. The results are court admissible evidence. Two clues on walk and turn indicate 08 or above with 68% accuracy. Four clues on HGN raise that reliability further. These tests work and the footage showed exactly why. This case ended with a sentence that will follow the subject for years, not because of one bad decision, but because of a sequence of decisions, each one narrowing the options available to her and her attorneys. The law documented every step, and the body cam captured what the law alone cannot fully describe. If you found this analysis useful, drop a comment below with any cases or legal topics you want us to cover next. If this kind of breakdown is what you're here for, subscribing to our channel takes two seconds and make sure you don't miss the next one. Thanks for watching.
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