At this time, you are being placed under arrest for driving under the influence of alcohol, chemical, or control substance. >> Are you stop? >> Come on, man. I was I I mean, my Can you call my daddy's >> Yes, we're going to take care of it cuz we don't we want to turn the kid over to somebody responsible. >> Oh my god, dude. I didn't I didn't do anything wrong. >> You drove under the influence with a child in the car. On April 1st, 2023 in Palm Beach Gardens, Florida, a McDonald's employee made one call that ended with a mother in handcuffs and cracked cocaine in evidence. >> One was concerned about you. I'm sorry. Did I make you drop that? >> Oh, no, no, no. My daughter just >> No, my dad works right there across right across. >> Yeah, I guess someone called in. They were concerned about you. I don't know exactly why. >> No. Oh, I was on the phone and when I was in the drive-thru with her dad, >> but um No, everything's good. >> Okay. >> Just being a baby. I'm just off my dad's He's just walking over here. I'm just waiting on my dad. >> Okay. Do you have your ID on you real quick? >> I don't have my ID on me now. >> No. What's Okay. Do you have a driver's license? >> No. My dad's got He's walking over here right now. >> But you were driving though. >> My dad. >> Okay. Can What did you take? >> What did I take? >> Take something? No. >> You're acting really weird. >> No, I was just feeding my baby food and she's throwing it out the car. >> Okay. What's your uh first name? >> Jennifer. >> Can you spell it for me? >> Yes. J E N I F E R. >> Okay. Did you um go through the drive-thru and then you parked here to feed her? >> Um I was I Yes, I did go through the drive. Do >> you know that this tag doesn't come back to a car? >> Um it's Well, it's my dad. He works there. So this is >> Yeah, but you're driving it. I don't care about your dad. You're driving the car, right? >> I I just parked. >> How old are you? >> I'm I'm 37. >> You're an adult. You're driving the car. I don't care about your dad. >> Okay. Well, I'm sorry. My dad My dad just got >> He's He just got >> Yeah. Yeah. Yeah. >> He just works right over there and he was he just said, "Well, why don't you just go through the drive-thru real quick? I'll be right back." And >> Well, where's he at now? >> He's over there. He had to talk to a customer. I can call him right now. >> No, I don't need him here. You're an adult. Don't even bother calling him. Go ahead and feed your daughter. Just give us a second. I'll be right back with you. Okay. >> What What happened that you saw with this? Who? First of all, before we say that, who was driving? >> I got to say that. Or tell me an article of clothing. >> Oh, >> tell me like an article of clothing. She's wearing. Remember, I got to really dumb it down for, you know, the camera. >> You said what? I'm sorry. >> Uh, is it the woman standing next to the car? I'm sorry. I have to dumb it down for this for the camera, you know. >> Okay. So, she just came in the drive-thru. >> You saw her pull through the drive-thru? Yeah, she ordered but she took forever to order. >> Right. >> Okay. So, that was fine. But then she came to the last one that was in the last window and as her >> Yes. >> how she was behaving >> and I got concerned >> cuz she has a baby in the car. >> Yeah. >> So, I mean, she just she looks like she's on something. >> Yeah. Yeah. I'm going to check her out. I mean, you see I'm um Yes. >> Yeah. So, >> is there a chance that me or one of my patrolmen can get that camera that's pointed right inside the uh cars? >> I have no access to the cameras. It's the store man. I am, but it's the store manager who has access to him. I can't give it the phone number. >> Um, >> it'll be one of the patrolmen. Okay. >> But you're you're telling me you saw her behind the wheel? >> Yeah, she was. >> Excellent. Thank you. >> Florida statute section 316.1 93 defines DUI as operating a vehicle while impaired by alcohol or a controlled substance to the extent that normal faculties are impaired. It does not require alcohol. A legally prescribed medication can still ground a DUI charge if it renders the driver unable to safely operate a vehicle. The subject disclosed she takes Subutex, the brand name for buprenorphine, a schedule 3 controlled substance, along with Kera. Both carry warnings against operating machinery. The legal foundation for the stop is Terry versus Ohio 392US1 1968. Reasonable articulable suspicion is all that is required and that suspicion was established by a credible drive-thru employee before the officer approached. Critically, the officer confirmed that witness's identification on camera before any action was taken. That step closes a door defense attorneys frequently try to open. whether the officer had legal grounds to approach at all. >> Sorry about this. I I I was waiting to pick him up. >> Put throw that down. Are you >> Oh, no. I was getting >> Oh, you're going over there with it. Okay. I was just going to say >> I don't know what you're doing. I thought you throwing trash away. You don't think? >> Oh, no, no, no. This is our dinner. He's making a mess. I just I I I know I shouldn't have went through the drive. I didn't I honestly I I didn't think I would get >> Well, that's the least of our worries is the driver's license thing. Okay. But this is officer Flink. He's going to ask you some questions and go from there. Okay. >> Selenino. So, if you would go and uh place the bag on the on the car. I got to talk to you over here real quick. >> The bag of food. Sure. >> Yes. >> What's your daughter's name? >> Officer Mike is going to keep an eye on her. Okay. >> Sure. >> I got to talk to you real quick. So, >> hi. >> You just came through the drive-thru here. Some of the some of the employees here are a little concerned about your your ability to drive a car right now because it appears that you are under the influence of something. >> I believe you might be. >> Okay. >> And and somebody that's not even trained as a DUI officer believes that you might be under the influence of something. So, did you take anything today? >> No, I didn't take anything besides my um prescribed medication, >> which is >> as I'm prescribed to Subutex >> and that's >> Subutex. have mutex >> as well as >> um and and that's the only medication besides my keum for seizures. >> Okay. Have you have you had any alcohol? >> No, I'll take you >> smoke you smoke any marijuana? >> No, sir. >> And you didn't do any other narcotics besides your subutex? >> No, sir. I'll take a breathalyzer right now. >> Well, a DUI goes far beyond a DUI goes far beyond alcohol. You understand that, right? A DUI can be drugreated as well. It can be prescription medication related. It can be chemical substances. It can be an array of different things. Okay. So, I have a profound fear that you were driving under the influence and I want listen and I would like you to participate in some roadside exercises to dispel my concern. >> Okay. >> Are you willing to do that? >> Yes, sir. >> Okay. Do you have any medical condition with your eyes not corrected by glasses? >> I wear glasses. >> Besides that, >> um, no, no, not that I No. >> Are you able to walk a straight line? >> Yeah. >> And can you balance on one foot? >> I should be able to. No problem. Do you know your left from your right? >> Right. My left. >> And do you know the alphabet? >> A B C D F G H I J K. >> And then lastly, can you count to 30? >> Yes. >> Okay. I just have to set the pretext for the exercises. Okay. So, if you would go and stand right here and face me. >> Okay. >> Bring your feet together, hands at your sides. At your sides. There you go. You see this red light? >> Yep. >> You're going to follow it with your eyes only. You're going to keep your head still. Do you understand? >> With my eyes only, head still. Okay. Stay with it. >> It's just hard cuz it's out in my field. >> As far as you can go. >> Okay. >> Now moving your head. Look for it. Easy. >> I know. I I understand. I got one the same. >> Okay. So, straight. Just no up and down. Just straight. >> Now, it's going up. Okay. >> You want me to look up and down? >> Yep. But keep your hands at your sides. >> All right. Now, I'm going to make some I'm going to turn the light off now, but follow the tip of the light. I'm going to make some circles around your face. Follow with your eyes only. I'm going to come in real close to the bridge of your nose. Allow your eyes to cross. Okay. >> Okay. To the bridge of my of his >> just allow your eyes to cross. Just keep focusing on this. This is basically no light. >> Yep. Just keep focusing on this clear part. Keep focusing. >> One more time. >> All right. Uh, give me one second. >> Oh, my pumpkin. She's so close to me. I guess she doesn't like McDonald's, huh? >> No, she does like McDonald's, but I was She's She's like so misindependent. >> So, she likes the whole chicken nugget. And I'm like, >> so >> yeah. >> Yeah, >> that's what I would be afraid of, the chicken nuggets. >> All right, man. If you want to go to this side of the line and place your left foot onto the line for me. >> Okay. Um, right, left side. Yep. >> I'm dyslexic, so right. >> Okay. So, that's your left. Yep. Now bring your right foot in front. Heel touching toe just like I'm doing. Okay. >> Arms at your sides. Make sure your heel and toe are touching. Okay. >> Arms at your sides. >> This is just hard for anybody to do. I think that >> I got 35 lbs of gear on. I've been doing it this whole time. All right. Now, hold that position. If you step out of the position, get back into it. Don't start until I tell you to. When I tell you to begin, I want you to take nine heel to toe steps just like this. One, two, three. Once you get to your ninth step, your feet are going to end up like this. Leave your front foot where it's at. Take a series of small steps to turn around. Then you're going to take nine heel totoe steps back. All right. It's important that once you start, you don't stop. Keep your arms down at your sides. Keep your arms down at your sides. >> Okay. So, >> keep your arms down at your sides. >> I'm just getting my feet proper. >> Okay. >> And count out loud. >> Okay. >> Do you have any questions about what you need to do? >> Um, just when I bring my foot forward, just >> Well, no. Don't Don't do it. I'm going to I'll show you. Don't do it. Get back into the position. You can't You can't start it without me telling you to. >> Okay. I just wanted to make sure. >> So, when you step, it's heel to toe. Just like this. Watch my feet. Heel to toe. No spaces or gaps. You understand? >> Can I do it without the sandals? Is it? >> Yeah. Sure. Go ahead. The sandals a little hard. >> So, go ahead and do your left foot on the line, then your right foot in front. Heel touching toe. Arms at your sides. Arms at your sides. Do you understand all the instructions I provided you? >> Yes, sir. >> All right. Go ahead and begin. Oh, >> I'm sorry. I forgot to count. I just want to go to the end of the tape. Is that okay? >> It's up to you. I just didn't uh I didn't catch it. So, one, two, three, four. >> Okay, >> continue the exercise as instructed. >> Okay, but I did that right at the end. Just around a circle. >> Continue. >> Okay. And now do the opposite foot first or >> however your feet end up. >> Okay. >> All right, Mikey. >> Go ahead. 4 2 1 5 6 7 8 9 >> All right, for this next exercise is going to be the one leg stand. You can go ahead and get relaxed. Come off the line. Okay. >> All right. So, if you would go and stand right here for me. >> Sure. >> All right. Face me. >> Bring your feet together. Hands at your sides. And you're going to look down at your race foot and you're going to count out loud. 1,00 1,002 1,003 and so on until I tell you to stop. The whole time your hands are at your sides. If you place your foot down during the 30 seconds, pick it back up and continue where you left off. It's going to go like this. Watch me. Don't do it. Just watch. >> Okay. 1,00 1,002 1,003 1,004 1,005 1,006 and so on until I tell you to stop. Notice both of my knees are straight, my toes are pointed out, my hands are at my sides, and I'm looking down. This is all you have to do for 30 seconds. >> Okay? Do you >> 30? >> For 30 seconds, I'm going to time the 30 seconds. So, you just keep counting till I tell you to stop. >> Do you have any questions? >> Nope. Does it matter which foot first or no? >> It's only one foot. Either foot of your choice. >> Okay. >> All right. Go ahead and begin. >> 1 >> Look at your foot. >> 1,002 1,003 1,004 1,0 >> Keep looking at your foot. >> Oh yeah. 30. Right. 1,23 1 >> All right. For this next exercise, you can place your foot down. Do you know, you said you know your left from your right. >> So, keep your feet together. >> Keep your feet together. Point your fingers out like this and bring them down to the sides of your pants. >> All right. Now, hold that position. Don't start until Don't start until I tell you to. Okay? When I tell you to begin, you're going to tilt your head back and you're going to close your eyes. >> Okay? >> I'm going to give you a series of commands of left and right. When I say left, you're going to extend your left hand out. Touch the tip of your finger to the tip of your nose and bring it back down. When I say right, you're going to do the same thing. It's important that you keep your head tilted and your eyes closed the entire time. And as soon as you touch your nose, you bring your hand back down. >> Okay. >> Do you have any questions? >> Hands out like this. Head tilted back, eyes closed, and right, left hand. >> And these are the tips of your fingers, and this is the tip of your nose, >> correct? >> Okay. So, go ahead and bring your hands back out like this >> down to your sides. >> Okay. >> All right. Do you have any other questions? >> No. Do you understand what you got to do? >> Yes. >> All right. Go ahead and begin. >> Okay. >> Left. >> Bring it back down. Right. Bring it back down. Go ahead and tilt your head up. Left. Bring it back down. Right. Bring it back down. Right. >> Bring it back down. Hold on. All right. For this last exercise, this is going to be the estimation of 30 seconds. Okay. >> Cover one or Katie? >> Yeah. >> I'm sorry, not cover. is uh Matt just going to >> It's going to be the estimation of 30 seconds. Okay. So, you said you can count to 30, right? >> Okay. So, go ahead and bring your you keep your feet together. Bring your hands back to your sides. >> Okay. >> To your sides. All right. When I tell you to begin, you're going to tilt your head back and you're going to close your eyes. >> Are you okay? >> No, no, no. I was just >> All right. You're going to tilt your head back and you're going to close your eyes. And silently in your mind, you're going to imagine 30 seconds going by. >> Okay. >> However you want to count, silently. Once you believe 30 seconds are up, open your eyes and say stop. That's all there is to it. >> So, I just tilt my head back and count to 30. >> Tilt your head back, close your eyes, count to 30, however long you think 30 seconds is. Once you believe the 30 seconds are up, just open your eyes and say stop. >> Okay. >> Do you have any questions? >> No. >> All right. Go ahead and tilt your head back, close your eyes, and begin. Stop. >> That was 18 seconds. All right. At this time, you are being placed under arrest for driving under the influence of alcohol, chemical, or control substances. >> Are you stop? >> Come on, man. I was I I mean, can you call my daddy's? >> Yes, we're going to take care of it cuz we don't we want to turn the kid over to somebody responsible. >> Oh my god, dude. I didn't I didn't do anything wrong. You drove under the influence with a child in the car. >> Let's do this first and then we'll we'll figure everything out. Okay. >> All right. So, go ahead and put your uh >> The sobriety testing followed the National Highway Traffic Safety Administration's standardized battery known as SFST covering five exercises. Horizontal gaze nestagmas walk and turn, one leg stand, finger to nose, and an internal clock estimation. On the clock test, the subject called stop at 18 seconds when the target was 30. A significant underestimation of time is a documented indicator of central nervous system depressant influence. The category that includes opioids such as buprenorphine, SFST, exercises are not graded as pass or fail. Officers observe clues of impairment across the full battery. The arrest decision is based on a totality of observed indicators, not any single performance on a single test. The purse search following the arrest was constitutionally sound under United States versus Robinson 4 US 218 1973. A lawful custodial arrest authorizes a complete search of the person's belongings on scene without a warrant. That search recovered three cracked cocaine rocks confirmed by field test, a white pill suspected to be fentinyl, and a crack pipe. The second officer declined to handle the suspected fentinel pending proper testing, which is the correct protocol for unidentified substances. The child neglect charge under Florida statute section 827.03 follows directly from the DUI. Florida courts treat impaired driving with a minor passenger as neglect. The child's presence aggravates the charge, not mitigates it. The suspended license charge under Florida statute section 322.34 was established by the subject's own voluntary statement. That admission is fully admissible under Burkimer versus McCarti 468US420 1984 which holds Miranda is not required prior to formal arrest. >> Put these these shoes back on for me. >> Medical conditions. >> Yes, she's a feeding tube. >> Okay, that's that is on her stomach. >> Yes. >> Okay. All right. So, I'm going to go and put you in my car while we wait for a female to come and then we're going to get the information. Well, I mean I >> So, you're saying I failed all those tests? >> It's not pass or fail. I look for indicators of impairment. >> I All I did was just count. I didn't count one Mississippi. >> Well, that was that was just one exercise. You forgot about all the other ones. So, go ahead and take a seat. Go ahead and take a seat. I'm put the window down. You're going to be able to see your baby the whole time. Okay. So, take a seat and then he's got your phone and we're going to we're going to figure out your old man's phone number. So, scoot your legs in. >> I got to close the door. Move your foot. I'mma put the window down. Move your foot. >> Hello. >> Hi, James. My name's Officer Kaggel. I'm with the city of Palm Beach Gardens Police Department. >> Uh, yes. >> Um, I just want to I'm here with your daughter, Jennifer. She's okay and everything like that. She's not hurt or anything. Um, but she is going to jail for driving under the influence. So, I wanted to call you so that we can turn this child over to you if that's okay. >> Yeah, maybe. >> Okay. We're at um the McDonald's at North Lake and Rome. >> Okay. >> Okay. Yeah, that's where we're going to be at. So, just What kind of car are you coming in? >> Okay. She's right here. You're on speaker phone. >> Hey, Dad. I went I just was waiting for you and I went through the drive-thru and I guess somebody in the drive-thru called and said something, but they're in your car right now, I guess, with the baby. So, I don't know. I I mean, and I did all the sobriety test. I cooperated. I didn't just >> I won't. >> All right. Just um I I need um I guess I'll have a bond. So, can you please bond me out? >> I don't know what I can do. >> Well, please, Dad. >> I don't know where the money's going to go. >> Well, I have my my money. I have my money in my car. >> Have the blonde guy call me. >> Okay. >> All right. All right. We'll be there in about 10 minutes. >> All right. >> All right, James. I I appreciate it. Just so you're aware, too, like there's no crash or anything. the the the baby's okay. She's okay. >> What am I being charged with? >> Driving under the influence. >> And you shouldn't be driving without a license either. >> But I know it's just >> What do they re What do they revoke it for? >> Your license? >> Um for um just tickets and stuff like that. >> Okay. >> And it just this is really going to screw me now. I can't now I'm not going to be able to get it for a really long time. >> Well, that's something you're going to have to figure out. Okay. But one step at a time. All right. I I know. I know. >> So, these items were located in this purse. These uh three crack rocks. Field test positive. The way I know that it belongs to the individual is that's her name right there. That's her name right there. That's not her name, but two of the things are. Two out of the three are. And then she's got somebody else's uh membership card here. She got a little bit of cash in there. Whatever this is. Oh, >> hello. Hello. >> Yeah, I'm not touching that one. Little white pill, possibly fentanyl. We'll test that later. >> Yeah, right here. >> Yeah. Here's the uh the actual Yeah. What do you What do you think that is? It's a cap. That looks like fentanyl to me. >> Yeah, I hope so. >> All right, you just step out of the vehicle for me. I'm officer right >> I'm going to be protecting the church. I need you to tell me right now if you have anything else going to cut me, poke me, stick me, hurt me, anything. >> No, I'm just from sitting in the car. >> I got you. Step back here for me. >> For the grades, the officer receives a B+. The stop was legally grounded. The SFST battery followed NHTSA protocol, and the care shown to the infant, including contacting the grandfather before transport, reflected genuine professionalism. The deduction is one off-hand remark toward the camera during the witness interview. That kind of comment captured on body cam is exactly what resurfaces in civil depositions. Professionalism means treating the camera as always on because it always is. The subject receives a D. Driving impaired with an infant in the vehicle without a valid license while in possession of crack cocaine and suspected fentinyl is a sequence of choices, each compounding the risk to a child who had no say in any of it. The Palm Beach Gardens Police Department receives a B. The expanded sobriety battery, the on camera witness identification, and the gender appropriate search protocol reflect solid training. The gap is the absence of a supervisor for an arrest carrying four separate charges. Every body cam case carries lessons worth naming. This one is unusually clear about several of them. Here are five that stand out. First, a prescription is not protection. Florida statute section 316.193 covers impairment by any controlled substance prescribed or not. If a medication warns against operating machinery, that warning carries legal weight. Second, a witness statement made on camera is evidence from the moment it is captured. The employees identification of the driver recorded before any formal stop was already part of the case before the officer said a word to the subject. Third, a lawful arrest unlocks a full search. Under United States versus Robinson, no separate warrant is required to search belongings on scene. What is in the purse or the pockets becomes part of the investigation immediately. Fourth, a child in the vehicle is never a neutral fact. Florida statute section 827.03 makes impaired driving with a minor passenger a child neglect charge regardless of parental intent. The law asks whether the child was put at risk and here the answer is clear. Fifth, the camera catches everything, including casual comments made when no one thinks they matter. Professionalism is not a courtroom performance. It is a discipline practiced every moment the recording runs because those moments become exhibits. Jennifer was sentenced to 26 days in jail and her license was suspended for 6 months. Subscribe to our channel for more legal breakdowns of body cam footage and leave your questions in the comments below.