Okay, I'm going to ask you to step out and due to my suspicion, we're going to conduct a couple tasks, I'm under the suspicion that you're driving under the influence, okay? All right, so we're going to go ahead with that. Would you like to conduct these tasks with me? >> I mean, no. >> You you have the choice, you can either >> No, I don't I don't want to. >> You don't want to do any of the tasks? >> No. >> Okay. >> Because it's going to risk him. >> On September 15th, 2024, in Sunrise, Florida, a stop involving a degraded tire, a vomiting driver, and a child in the backseat ended in a DUI arrest, a child neglect charge, and a 2-year license suspension. Florida statute section 316.6 unsafe tires, a primary traffic violation. A visibly degraded front tire gave this officer lawful basis to stop the vehicle. That threshold was cleared before the first word of contact. >> 19 Alpha 198 >> Hello. Hello. >> Hi. >> What's going on? >> I'm just waiting for my dad. >> Where's your dad at? >> He's on his way. >> Okay, what happened to your car? >> What do you mean? >> Do you know your car is got some damage on it? >> Yeah, that That was last night. >> When when did that happen? When did that damage happen? >> Like two three weeks ago. >> Okay. How long have you been driving with the damage? >> Not long. >> Okay. All right, you want to >> Hey dad. Who are you? >> You got kids in the back with you? >> Yes, I do. >> Okay, how many? Just one or >> Just one. >> Okay. >> Um I'm just uh >> Okay, you want to hop out? >> Yes, I do. >> Can you hop out? Can I get to talk to you? >> Hello. RJ? >> You're mad, aren't you? >> Sorry. >> It's okay. >> It's back in the car. >> Yeah, it's back in the car. >> So I'm So what were you involved in the car? >> No. >> No? >> No. >> Do you want Do you What's your name? >> Kristen. >> Kristen? >> Yes. >> Um Do you want to take a look at the damage that we're talking about? >> No, I already know. It's baby daddy. I already know. >> When did that happen? >> Like last weekend. >> That happened over a weekend ago? >> Yes. >> How long have you been driving the car? >> I've been driving the car >> every day? >> Yes. >> You've been driving the car every day like this? You never noticed a problem? >> No, no problem. It's baby daddy. >> But you are >> He's He's like This is the >> Come Come look at the damage, Kristen. >> This This here? This is from like 2 weeks ago. >> What about What about the You've been driving >> My back tires? No. >> Okay. >> Baby daddy has nothing to do with this. >> Okay, do you have your ID on you? >> Yes, I do. >> Okay. Um I have the I I I have the keys. >> I have some I have >> She's on the phone with her father, but we can have him pick up the kid, but I would have >> Yeah, that would be a lot better. >> Yeah, we'll pick the kid up later. What's up, Sax? Am I getting a DUI or anything? Not yet. All right. Yeah, yeah, I'll take your ID. >> I'm sorry. What's that? What's that? No. I didn't get in a car accident. I don't know. I did. I got pulled over. >> I checked 2020. 2019 check 2020. >> I'm asking. I didn't do anything wrong. >> What's up, man? How you doing? Bravo 225 >> Hi, Daddy. >> 397 >> you. >> 630 >> you. Bye. >> 4000 >> Baby, Daddy hung up. >> What's up, man? What's up, man? What's your name? >> Stanley. >> What is it? Lincoln? RJ? What's up, RJ? How you doing? You all right? You didn't get hurt at all? Huh? Did your mommy get in an accident? >> No. >> Not today? She didn't get into an accident? >> She did. >> What's >> Oh, yes. She went on top of one. >> What? On the the yellow thing? >> Yeah. >> She went over the curb? >> Yeah. Now she got >> That's how she got the flat tires? >> Yeah. This one is flat. >> That one's good. And that one's good. It's just that one in the front. >> No, huh? One of them aren't flat. >> Uh-huh. Ma'am, you don't mind just hanging out outside the car? Just don't go inside the car for me. >> is >> Just come over here, okay? Ma'am, ma'am, just stop going inside the car, please. All right. I got you. We'll get to that later, but let's just stay outside the car. All right. Any weapons in that bag I should be made aware of? No? >> No weapons. >> All right. Just hang out right here, okay? Just take a seat. Ma'am, ma'am. >> No, I know. The day was rough. >> Ma'am, come over here, please. Come over here. Sorry, come on. >> Yes, sir. Yes, sir. >> Please. >> Yes, sir. I was going to go home. I was going to go home. >> All right. Just sit right there, please. Um >> Also, we were just My mom was swerving on the road. First thing I asked her was >> She was swerving on the road? >> Yeah. >> Do you know why she swerving on the road? She's sick? >> Yeah. She puked all over the bed. >> She what? >> She puked all over the bed, though. >> Oh, she puked? >> Yeah. >> What Do you know why she puked? >> I don't know. I think it's just all the stress. >> Okay. Where did you guys come from? You guys go to dinner? Or lunch? >> Yeah. >> Where did you guys go to lunch at? >> We just went home now. >> You going home now? >> Yeah, we just got there. >> Okay. Yeah, again, just hang out here, RJ. I'll be right back. >> The air's not working. >> The air's not working? All right, yeah, just leave the door open. Just hang out. Or if you want to sit in my car or something. >> Um she threw up all over the driver's seat. >> Oh my god. >> So, um I I can see that's why but I can see they came from dinner cuz they have like to-go bags and I don't know where they went. >> But they have to-go bags in there? >> I'm running her on two right now. No, yeah, I'm just going to go over there with get pads and I'll just end up being it. even though Lauren just said there's nothing to follow up on this. >> Hey Kristen, can I talk to RJ for a little bit? >> course. >> RJ, you want to come over here and just talk to me? You're not in trouble or anything, man. What's your What's your shirt from? Is that a YouTuber? >> Yeah. >> Ooh, what's he play? Was that Minecraft? Roblox? What's he play? >> Just playing Roblox. >> Huh? >> Playing Roblox. >> Okay. Where did you guys go to dinner today? >> In? We slept at my dad's house. >> You went to your dad's house? Where'd you >> We slept at my mom's house. >> You slept at your mom's house? >> Yeah. >> Last night? >> Yeah. >> Okay, and then what did you guys do this morning when you woke up? >> Yeah, nothing. I >> You went to see your friends? >> Yeah. >> One of your friends? >> Yeah, a sleepover. >> Oh, you guys had a sleepover? Just you or you and your mom? >> I I slept at my friend's me and my mom. >> Okay. Okay. >> He might be at uh 34th Street. >> Okay. And then you guys woke up this morning, and you you guys go to dinner somewhere? >> No, we just had breakfast. >> Yeah, breakfast. Where'd you have breakfast at? >> We just We just had it at lunch. >> You had lunch? >> We just had it. >> What did you guys eat for lunch? >> We just ate my mom's food. >> Where? >> We just ate lunch at a restaurant. >> At a restaurant? Do you know where the restaurant was? >> No. >> No? Did Mommy What did Mommy order? >> I don't >> You don't know? Did she order food? >> Yes. >> Okay, what kind of food did she like pancakes, a burger, salad? Make sure you get the keys if you haven't gotten it already. >> Huh? >> Grab the keys out of the car. >> That's funny nice. That's okay. >> Are the keys in your bag? >> No, it's in the car. >> Okay. Okay, did Mommy get anything to drink? Huh? >> The tire is flat. >> Yeah, I know the tire is flat. What did Mommy get to drink at the restaurant when you guys had lunch? Do you know? >> Cuz I don't know when the tire got flat. >> You don't know? >> Yeah. >> Were you sleeping when she got the tire flat? >> That's why it was always flat. >> Those those three are good tires, but the one in the front on the driver where Mommy drives, that tire is flat. >> No, like that one is flat. >> Flat flat? >> Look, the orange cell we were on that, it was chunky. >> It was chunky? >> Yeah. >> Okay. Were Were you guys over there at any point? Did you see the the cars over there? >> Yeah, we were. >> You guys were over there? >> Yeah. >> Is that where you guys live? >> No, we live somewhere else. >> Okay. Did you guys try going into that gate over there, that community? >> No, my mom was scared. >> Okay. >> First thing, my mom went fast. >> She went fast where? >> She went right here. >> She hid over here somewhere? >> Yeah. >> Okay. Do you know why she was driving fast? >> No. No. >> No? >> She felt sick. >> She felt sick? Is that why she threw up? >> Yeah. >> Do you know Do you know if Mommy drank anything bad? >> No. >> Did she drink any um water or any juice? >> Not at all. She kept driving and she threw up. >> Before Before she started driving, did she drink anything? >> No. She just went to the bathroom. And then we drove off. >> Whren for 34 US 106 1977 settled the authority to order the driver out. A lawful traffic stop by itself gives an officer the right to ask the driver to exit. No additional justification required. The DUI investigation and Bomar's basis, a curb strike for a car cooper tire at a speed described by the child, and a driver who had not named situation under Terry's stretch for an expanded investigation. Florida statute section 316.1935 operating while in mar impaired to the extent that normal faculties are affected. The train always document observations of physical indicators are legally sufficient, and courts have consistently upheld stand. Point statute section 322.2615 is direct. Every Florida driver, by holding license to breath test, refusal triggers when automatic license suspension and can be introduced as evidence of consciousness of guilt at trial. >> Is it a Is it a signal four or signal three? What's up with 85? Is that a That's a Is it Maria? >> It's Sala and Just hang right here, RJ, okay? I'll be right back. Yeah, we're going to need a Yeah. We need what? Well, I mean, I saw her driving. >> Based off the damage, right? I'm not really so worried about the damage right now, okay? I'm going to do the tests. Okay, I'm going to do the tests. And due to my suspicion, we're going to conduct a couple tests, okay? Under my suspicion that you're driving under the influence, okay? All right, so we're going to go ahead with that. Would you like to conduct these tests with you? >> I mean, no. >> You you you have the choice. You can either do them >> I don't want to. >> You don't want to do any of the tests? >> Because it's going to risk him. >> Okay. I understand. >> So, can you go home to my dad and I can go home to anywhere else? >> I I think we're a little past that now, if we're being honest with you. >> He's right home to my dad. >> That's fine. We'll We're going to take care of your son. He's going to be in safe hands. Your son Your dad will come pick him up. But, as far as you, I I don't believe we're going to take you home. >> No, I don't I don't need to. Don't call me anything. >> Okay. I'm going to ask you one more time. Would you like to take Would you like to take the tests? >> Yes, sir. >> You would not like to do the tests? So, you don't want to do the tests, all right? >> Just keep your eyes and follow my finger with your eyes only. Don't move your head. Keep looking at the finger until I tell you the test is over, okay? Do you understand? >> Yeah. >> So, you're a >> I don't have a >> No. Hands on. >> Excuse me. >> So, I saw the >> Can you I can't do it. >> 72, can you have him out at 35 or 30? >> I'm going to do it, but I just know that he is he's doing this for a I'm not sorry. >> You have the right to >> It's been a week. >> I know. >> It's been a week, and I got my lawyer back. I got my lawyer back. >> Okay. You have the right to refuse to the sign that and you can talk to us. Okay? What I am going to ask you is where are you coming from? >> I want to go home. >> Okay, where are you coming from? >> I want to go to Palm Springs. Take me home. I just want to go home. I just want I just want to be unaffected. >> Okay. >> Do you understand like >> You're saying that your dad is in Palm Springs? >> Yes. >> Do you know where you are now? >> Yes, I'm in Palm Springs. >> We're not in Palm Springs. >> No, we're in Fort Lauderdale. >> I'm not in Fort Lauderdale either. >> Broward Broward County? >> No. >> Fort Lauderdale? >> No. What city is Delray Beach? >> Delray Beach cuz I brought us home. I brought us home. >> What's your address? >> 111 I brought us home. >> What city is that? >> Delray Beach. I brought us home. >> Okay. >> Do you understand? I brought us home. >> Where where are you coming from? >> My dad's house. >> Dad's house. >> I brought us home. >> Okay. What is Is Delray Beach in Broward? No. I'm going to place you under arrest for suspicion of driving under the influence, okay, ma'am? >> Yes, sir. >> Okay. >> You You determined that? >> The Miranda timing is the legitimate vulnerability. Birkemeyer, McCarthy might perspire nice foxes per espit once price question Jerry retaining the bell seat in says explicit deer wine custody this additions carry suppression risk. The child neglect charge rests on Florida statute section 827.03. That statute does not require conduct creates a substantial risk of harm to a minor. Driving impaired with a child on board satisfies that element and risk alone is sufficient. Paun use of 490 US 386 1989 evaluates reasonableness from the officer's perspective at the moment of decision. No significant force was used. The arrest was calm and controlled. That element is not in dispute. >> My car's running, though. >> We'll we'll we'll we'll we'll handle the car. Don't worry about it. >> She did this before on the highway. >> She did this before what? >> Her tire exploded. >> Do you Wait, you have a grandpa, right? >> Yeah. >> Do you know his phone number? >> No. >> Okay. >> I don't know his phone number. >> Okay. We'll we'll ask him. >> Last year we did this, but my grandpa came. >> Uh-huh. Did what? What'd you guys do last year? >> Last year one of the tires exploded on the wrong time ago. >> Uh-huh. >> When we were just driving on the highway >> Yeah. >> the tire just exploded out of nowhere. >> Mommy didn't hit anything? >> No, not at all. She just in the side of the road and pop. >> It popped? >> Yeah, and it exploded. >> Uh-huh. Okay. All right. >> Then my grandpa came. >> So, ma'am >> What just happened? Why you >> Before you Before Before you say any any more statements about what happened today, right? I'm just going to read you your Miranda warnings, okay? >> Okay. >> You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you at no cost. Do you understand these rights as I have explained them to you? Any statement you make must be freely and voluntarily given. You have the right to the presence and representation of a lawyer of your choice before you make any statement during any questioning. If you cannot afford a lawyer, one you are entitled to the presence and representation of a court-appointed lawyer before you make any statement during any questioning. If at any time during the interview you do not wish to answer any of my questions, you are privileged to remain silent. I can make no threats or promises to induce you to make a statement. This must be on your own free will. Any statement can be and will be used in the court of used against you in the court of law, okay? Do you understand these rights? Okay. So, you stated that you were coming from your dad's house. And your dad lives in Oakland? Okay. Did you stop anywhere to get something to eat? No, you just came from your dad's house to your house? >> Yes, to my house. >> Okay. >> I just wanted I had we just so much fun tonight. I'm just trying to do what's best for my kids. >> Okay. >> This is such an ugly >> you Do you take any medication? Do you take any medication? >> I don't. >> No? >> But my license >> Yeah. >> I'm bad. Not ex-felon. I'm not drunk. >> I'm not >> I'm not drunk. I'm not drunk here. >> Have you Have you Have you smoked >> saw Miss I gave Miss school >> It's okay. >> all last week. I just want I just want to do what's right. >> You breathe. Have you smoked any medical today? >> No. >> No? Okay. >> I just I saw him. >> Okay. And And And the car I noticed I I would suspect that's throw up in the car. Do you know where that came from? >> me. Because I'm sick to my stomach. >> Okay. >> I'm sick to my stomach. I can't deal with this this this this this is making me Please forgive me. Please forgive me. >> Will you be in the area long? >> I'm going to try to give you our problem. This is This is trauma. Trauma. This is not trauma. >> Stay with Stay with the officer. >> It's just my grandpa. >> Try and breathe. Try and breathe. >> I'm not trying to give you our problems. >> Christian, just take a deep breath. >> This is trauma. You met me at my dad's house. >> All right, let me show you that house. I've never been to Coral Springs before. >> I I met you. You just went there, didn't you? >> been to Coral Springs my life. >> You were you met me. You just met me. >> I've never been to Coral Springs my entire life. >> You just met me. >> I did not. >> No, but I know you. You met me. >> Nope. Not me. Maybe someone that looks like me, but not me. I've never been to Coral Springs. >> You've never been to Coral Fort Lauderdale? >> Nope. Your father, his grandfather. >> Yes. >> What's his phone number? >> Thank you. This is terrible. >> What's his first and last name? >> Robert Robert >> Why don't you just take a seat? You don't have to sit all the way in. You just want to take a seat. >> I just want my baby. >> Okay. >> I just wanted to know he's okay. >> He's okay. I'm I'm I'm watching him. He's sitting in my car. He's sitting in the AC. He's okay. >> I know. I called you guys. I called you guys. >> You want to just sit in the car? You can sit with your feet out. That way you're not standing. Here Christian, here. Just come here and just take a seat. >> I just want >> I don't want you falling over. Christian, just take a seat. You're okay. You're not >> I don't feel okay. >> What's wrong? >> I feel [laughter] like my son's being taken from me. >> He's not being taken. >> I I didn't do anything wrong. >> Christian, just take a seat in the car. >> I literally I literally didn't do anything wrong. >> Christian, just take a seat. Christian just >> No. I just want my baby. I just want my baby. Ma'am, you can search me all you want. >> Christian, take a deep breath. >> I just want my baby. >> It's a boy. >> My boy and my girl. >> He He He didn't He didn't agree to the adoption. >> What? >> He said, "I don't want your daughter." That's why I'm I'm asking. All right, I just need your ear to listen. You can do whatever you want. >> I'm sorry. I'm just like this. All right, honey, come >> I have I have nothing. I have nothing to hide. >> 48 trying to race? >> No, in the car. >> Dop was constitutionally grounded. Without coaching, produce the child safely. Without coaching, produce corroborating evidence in system with proper DUI procedure. The de-escalation specialist says "With excessive force, those constitutional violations that reach reversible error." The deductions, the subject repeatedly lunged at the vehicle and told despite being told not to. A 6-7 gap between articulating D-10 and beginning field sobriety testing is also a procedural detail a defense attorney will use. Kristen receives a C+. Operating with impaired with a child on weeks and refusing the breath with a child on board is refusal eliminated any exonerating evidence and added an administrative suspension on top of the criminal case. She complied when the formal arrest was declared, did not resist physically, and arranged care for her son. Those are real credits, but the grade reflects the conduct that created the situation, not the conduct that followed it. Every stop like this one carries specific lessons. Five of them stand out here. Grounded in what the footage and the law actually show. First, a compromised tire action 316.610 makes unsafe vehicle equipment a stand-alone basis for a lawful stop. Dangerous driving does not need to be observed first. The condition of the vehicle is enough. Second, the child is a witness, not a bystander. Interviewing him present produced independent corroborating testimony. Officers who skip that step or conduct the interview in front of the parent lose an evidentiary layer they cannot recover. Third, Miranda timing is a liability, not a formality, and a criminal investigation is explicitly underway. The obligation to advise runs early. Waiting until formal arrest creates suppression exposure that better timing eliminates. Fourth, excusing a breath test has a price. .26 one per se automatic license suspension and gives prosecutors a consciousness of guilt argument at trial. Drivers who think refusal protects them are consistently surprised by what it costs. Fifth, geographic disorientation. Three consecutive wrong answers about what city you are in go directly into the probable cause analysis. That detail holds up under the totality of circumstances standard that Florida DUI law requires. This stop shows how quickly a routine equipment check escalates when impairment, a child, and an unsafe vehicle are present together. The legal framework had answers for each element. Most of them were applied correctly here. If this kind of legal breakdown is useful to you, subscribe to our channel and drop your questions in the comments. Let us know which interactions you want us to cover next.