supposed. >> Hey, you know what? I am at your disposal. >> All right, get up. >> On December 8th, 2023, just after midnight, Palm Beach Gardens police in Florida made contact with a driver whose vehicle had three destroyed tires and a pool of oil beneath it stopped in the middle of the road. The stop itself was never in question. Florida statute 316610 prohibits operating an unsafe vehicle on public roads and that alone gave the officer independent legal authority to initiate contact completely separate from any suspicion of impaired Driving channel 14 [applause] window. Open that window too. >> What's up? >> Open that window for me. >> You okay? Go a 398 like a SUV. >> What's going on? >> No, I'm about to go home. >> All right. Hey, his whole >> All right. All right. Can you step out? >> Put your car in park. >> Yeah, put your car in park. What's up, brother? >> Come on out. >> Did you get in the truck? >> Where are you coming from? >> Nowhere. >> How much have you had to drink? >> Um I'm just trying to get home. >> Where do you live? >> Uh, garden. >> So, what'd you hit? >> Nothing. >> Uh, you're missing your tires. >> What? >> What do you mean? Missing my tires. >> What's your name? >> Yeah. Yeah. You have your license? Where's your license? >> What's your name? >> I believe it. I believe. >> One second. >> All right. Don't worry about it. I don't. Don't worry about it. >> We got it. >> Okay. >> Here. Come back here. Let's go over here buying the car. >> Okay. >> So, where are you coming from? >> I'm not going from anywhere. I'm just going >> Where did you come from? >> I'm going home. >> I didn't ask you where you're going. Where did you come from? >> Home. >> All right. So, you came from home, but you're going home. >> See, it doesn't make any sense. >> No. >> Okay. Lean back on the car. I don't want you to fall. >> All right. So, we're going to ask you again. Where did you just come from? >> Home. >> And where is home? >> Gardens. >> Where in gardens? It's pretty big city. Palm Beach Gardens. >> What's your address going? >> Gardens. >> That's not what I asked. >> What neighborhood? >> Yeah, it is exactly what you asked me. >> What neighborhood do you live in? >> Gardens. >> That's the city. What neighborhood? >> Gardens. >> What do you want me to tell you? >> Where are you coming from? >> Gardens. How much have you had to drink? >> Um, I don't know. So, here's the deal. You hit something. You got two flat tires at least. Your car is all up. So, we got to figure out what you hit. Stay here. What did you hit? >> What are you talking about? I don't know. >> Well, you do realize your car's in the middle of the road. >> I >> not moving. >> What I realize is that you >> have a flashlight that's standing on me. >> You know where you are right now? >> Why don't you ask me a specific question? Do you know where you are right now at this moment? >> I can't get any more specific than that. >> No. Yeah. Yeah. Actually, you can. >> Okay. Where are we? >> What road are we on right now? >> I don't know. >> You don't know a road? >> No. >> All right. >> Do you know what intersection that is right there? >> No. >> No. >> I'm just trying to get home. in Silver Valley. >> You want the rest of us? >> Hit me up, buddies. >> We're just trying to figure out what you're doing. What's going on? That's all we're trying to do. You're not giving us any answers. We're trying to help you out. >> No, you're not trying to help me out. Hey, you know what? I am a I'm all about uh >> he's not going to the hospital. >> What? >> Obviously not driving. >> What you want? The one's out here. >> I want of course Carver's not here. >> Yeah, he's gone here. >> What? >> No. What else can you do? I haven't I hadn't done a DUI even in traffic week. Yeah. >> What? >> No, we're just trying to figure out what we're going to do because >> Okay. >> We're trying >> uh we have nowhere to go. Your car is not drivable. >> Okay. >> I'm just Like I said, we're trying to help you out, but you're not giving us answers. That's all we're trying to do. >> You're not asking any questions? >> Okay. All right. Well, we asked you for your address. >> I never heard that. >> And where where is that a neighborhood? Is it What kind of neighborhood is it? Uh >> cuz it's in Palm Beach Gardens. I know that. I just want to know what neighborhood. >> Gordens. >> Gordens. >> No, no, no. Um >> what do you need? >> Just the neighborhood. The name The name of the neighborhood. >> Palm Beach Gardens. >> That's the city. The city is Palm Beach Gardens. I'm asking your neighborhood. Like what with what's your address? What where is your house located in what neighborhood? >> What does that mean? your house. >> I am trying to get to non to >> Non Beach Gardens. >> To where? >> Non Beach Gardens. >> I don't know what that is. Non Beach. >> I'm trying to get to >> All right. So again, I'm going to start over. Okay. You with me? >> Yeah. Where are you? >> I'm just asking. You want to start from the beginning? I'm going to ask you questions. >> You want to start to >> All right. >> Beginning or >> All right. I'm going to start in the beginning. All right. >> Okay. >> Where are you coming from? >> I'm trying to get to N to >> I'm not Palm Beach Gardens. >> Okay. Where you're in Palm Beach Gardens right now. >> This is Pal. >> How do you corroborate that? >> Cuz I'm a police officer for Palm Beach Gardens and this is the city. >> That doesn't mean anything. >> It It does. It does. >> How do you mean? Cuz I just want to know where you're coming from, not where you're going to. >> Okay. >> So, where are you coming from? Where were you an hour ago? >> I don't know. >> You don't know? >> No. >> Okay. So, how much have you had to drink? >> I don't know. >> You don't remember? Have you taken any drugs, medication? >> No. >> Okay. So, >> I don't What? >> What? >> No drugs, medication, or anything? >> Oh, that's good. So, you haven't had any alcohol tonight? This is time to be honest. >> No, no, no. You didn't ask me that. >> John. >> Yeah. >> Who lives with you that can come and pick your ass up? >> Sorry. >> I I'm >> Who lives with you that can come and pick you up? >> Why are you pushing up? >> Yeah, I didn't push you. >> I said don't touch me. >> Listen, we're trying to help you. Hey, we're trying to help you, man. We're trying to help you. >> I did not push you. >> Look at that. >> Get back. >> Look. Who do you live with that can I do not live with anybody you up? >> Do you have a friend or a family member that can come and pick your drunk ass up? >> So, how are we going to get through this? >> What are you talking about? >> All right. You're the one that's pushing me. >> We're trying to We're trying to help you out here. >> Yeah. >> Okay. Do you understand? >> No, you can't walk cuz your car's in the middle of the road. We're gonna have to tow your car >> and we're trying to get you home safe. So, who could come and pick you up to get you home safe? >> You have no one you No phone. >> Do you have any >> Who can you call at this moment to come get you and bring you home? >> Who is this person you referring to? >> You have a friend, family member? >> No. >> No, you're all alone here. >> Yeah. >> Okay. Okay, let's move forward a little bit here. And what are you trying to get to? >> I'm trying to get you home. >> Oh, that's beautiful. >> Do you have You have Uber? >> What do you mean do I have Uber? >> Everybody has Uber. >> Okay. Can you call an Uber to come pick you up and bring you home? You can call Uber. >> I'm not calling no one for you. >> It's not my job to call you an Uber. >> That's what you just said. >> No, I said can you call an Uber? >> Okay. No. >> Why not? >> Because it's your job. >> What do you want? [snorts] Take me in. >> For what? >> For what? Did Is that what you said? >> Yes. For what? Why do you want us to take you in? >> Okay. >> Curious. >> Yeah. >> What's going on in your mind right now? >> Lawyer. >> You want a lawyer? >> Yeah. >> For what? >> Legal research. >> Legal what? Legal research. >> Yeah, >> that's exactly my specialty. Okay. Are you Is that Are you pleading the fifth right now? >> I'm not pleading anything. Did I say pleading the fifth? >> Yeah, that's for a lawyer. >> Okay. >> Beautiful. >> Take a step back. >> I said >> take a step back. >> I said I am >> take a step back. >> Okay, there you go. See, >> are you looking to go to jail? >> Is that >> Take me to jail >> for what? You tell me. >> You're the police officer. Right. Or am I the police officer? You want me to tell you the law? Do you want me to tell you the law? Adios. Tell me, lean back on your car. >> Give me lean back on your car. >> No. I want you to lean back on your car before you fall. >> What? signal. >> Hey, you know what? I am at your disposal. >> All right, get up. >> We're going to have you do some roadsides. All right. >> No. >> No. >> Do you refuse? >> I am waiting for my attorney. >> All right. So, you're refusing road signs? Once the stop was lawful, ordering the driver out of the vehicle required no additional justification. And under Pennsylvania vims 434US 106 decided in 1977, the Supreme Court held that officers may order a driver from their vehicle as a routine matter during any lawful traffic stop. The DUI investigation that followed was built entire legally sufficient in Florida. Florida statute 316193 defines DUI as operating a motor vehicle while noricities are impaired. That standard does not require breathalyzer and does not require field sobriety exercises. Officer observations can establish probable cause. What the officer documented here was significant. An inability to identify the road he was on, an admission to drinking with no recall of how much, and statements that were internally contradictory, claiming to be coming from home while also going home. These are textbook impairment indicators under Florida DUI case law. The subject eventually refused to perform field sobriety exercises. That refusal is entirely within his rights. Field sobriety exercises in Florida are voluntary. No statute compels a driver to perform them. The fuse itself cannot be as direct evidence of guilt, but it does not stop an officer from making an arrest based on what he has already observed. The officer then issued whatever known ends up from a load of that could be used as evidence against him. This is a Florida specific pre-arrest visement distinct from Miranda Merand under becomer v. McCarti for state 420 cited in 1984. Roadside DU questioning is not custodial interrogation and Miranda is not triggered. The arrest was ultimately reported by probable cause built through observation, not through any compelled statement or chemical test. Under Florida statute 90115, an officer may make a warrantless arrest for a misdemeanor committed in his presence. Impaired driving observed directly by a law enforcement officer satisfies that standard. >> I am refusing my attorney. >> Everything up to this point can be used against you. I'm going to read you. These are your tailor warnings. Basically, up to this point, we're going to be using it as evidence against you. You understand? What's your name? >> Officer Ferris. >> What? >> Officer Ferris. >> I can't hear you. I'm sorry. >> I'm not going to say it again. >> What? >> All right. Stand up. >> Let's go. You feel that? >> I don't feel anything. [ __ ] What? >> What is that? A sigh of like relief. >> Sit right here. >> Huh? >> What does that mean? Sit right here. >> Turn around. >> I don't know what that means. >> Turn around. We're going to start. >> I have no Do >> you have any weapons on you? >> No. >> Anything that's going to stick me or poke me? >> No. >> What's your name? >> Harry told you three times. >> Sorry. Go check it out. >> Why does it matter? >> What's up, Barrett? Oh, fair. The reason it matters, okay, is that you are violating the law and and the fact that you are officer, >> I will I will follow the law against the fact that you don't know what that means. is aing offense. Okay. >> Do you know why that seat? >> What did that mean? >> Sit in here. Just sit. >> I'm sitting >> in the chair. >> What chair? >> Sit up. >> Come on. Now you're going to sit right here. >> Wait, what did you say? >> Stand up. >> Oh, >> let's go. Come on. What? >> Sit in the chair. You got you got to be specific. >> Sit in the seat. Let's go. >> What seat? >> Get up and sit right here. >> Right here. >> In the back seat of this vehicle. What vehicle? >> Be specific. >> The one you're hanging half out. Let's go. I'm only hanging out of this because you are pushing me into >> Okay. >> Now, let's talk about the grades. Officer, the stop was lawful, the investigation followed proper protocol, and the tailor warning was issued correctly. He demonstrated genuine patience, offering the subject multiple alternatives before moving to arrest, including suggesting a ride share pickup. That effort at deescalation is worth noting. Where the officer falls short of an A is in the length and efficiency of the documented. The investigation extended well beyond what was necessary. In DUI cases, prolonged voluntary conversation before a formal arrest can create evidentiary complications. A more decisive transition to arrest would have been cleaner. Both tactically, the subject receives a C+. He made two legally sound decisions during the encounter. He declined to perform voluntary field sobriety exercises, which was his right, and he invoked his right to counsel, which is always appropriate. Neither of those choices can be held against him in court, and he was correct to assert them. However, the decision that defined this and ever made contact. Driving a vehicle with three destroyed tires while impaired in the middle of a public road at midnight is the core failure here. No amount of legally savvy behavior during the stop changes that calculus. The subject's grade reflects both the smart choices he made and the serious one he did not. Before we get to the lessons from this encounter, it is worth stepping back and recognizing something. Most of what went wrong here on both sides came down to a lack of clear legal knowledge in the moment. Thou le things every driver should understand before they ever need them. Lesson one, a vehicle in unsafe condition is a standalone basis for a traffic stop in Florida. Under Florida statute 31610, an officer does not need to suspect impairment to make legal contact with your vehicle. The condition of the car itself is enough. Lesson two, field sobriety exercises are voluntary in Florida. No law requires you to perform them. Declining is legal and under existing case law, the refusal alone cannot be used to prove guilt at trial. Knowing this distinction could be the most practical thing you take from this video. Lesson three, Miranda writes do not apply at the roadside during a DUI investigation. The Supreme Court made this clear in Burkimer Mccardi in 1984. Roadside questioning is not custodial. Officers are not required to read you your rights before asking how much you have had to drink. Lesson four, probable cause for DUI in Florida does not require a chemical test. Florida statute 316193 allows a conviction entirely on officer observations of normal faculties. If an officer documents what he sees and hears, that record can be enough to sustain a chart. Lesson five, invoking your right to counsel is always legally sound. You can say, "I would like to speak to an attorney at any point during a police encounter." That invocation does not create guilt, does not obstruct the investigation, and does not wave any right. It is a constitutional protection available to every person in this country. The outcome of any criminal proceedings in this case was not available at the time of this analysis. What is clear from the footage is that the charge of DUI was supported by documented probable cause, and any defense strategy would need to address the behavioral observations made by the officer in the field, not simply the absence of a chemical test result. There is a broader point here that goes beyond legal specific. Deescalation is not just a law enforcement responsibility. The subject in this encounter had multiple opportunities to reduce the tension except an offered alternative and avoid an arrest. That does not excuse any procedural errors on the officer's part, but it is a realistic observation about how these situations develop. The law gives you rights. Those rights exist for a reason and they matter. But knowing your rights and exercising them clearly and calmly is a different skill than simply refusing to cooperate. The best outcomes in police encounters usually come from people who know exactly what they are and are not required to do and act accordingly. If you found this analysis useful, we cover legal issues, police encounters, and constitutional law in plain English so that when these situations happen, you already understand the rules. Subscribe to our channel, thanks so you do not miss the next one. And drop your questions in the comments below. We read them and we cover