What are you doing to me? What are you doing to me? >> Like this is not cool. >> What are you doing to me? >> Field sobriety exercises. I believe you were too impaired to operate this motor vehicle which you were operating. So I'm asking you to do field sobriety exercises. I'm not going to ask you again. If you don't concentrate, if you don't begin them, you're going to be placed under arrest. >> Okay? So, are you ready to begin? >> Okay. >> I'm going to demonstrate some field sobriety exercises and then ask you to perform the exercises. Do not begin or attempt the exercise until I tell you to begin. Part of my determination of whether you're in charge or not is your ability to follow instructions. Do you understand? >> No. >> I don't I feel I'm going to demonstrate some field surprising exercises. Do you understand that statement? >> No. I cannot understand that with my daughter training in the car. Make your daughter any more upset by training. >> No, no, no, no, no. >> He asked you more than once. >> Well, I didn't really. >> Leave your hands behind your back. >> On March 12th, 2022, in Palm Coast, Florida, a traffic stop on a mother driving erratically with a toddler in the back seat became a textbook DUI. arrest caught entirely on body camera. What unfolded on Palm Coast Parkway that night reveals exactly how Florida's DUI statutes operate in practice and what happens when a driver's decisions place a child in immediate danger. Belter and the Parkway tag Papa India Victor uniform 67 PIV U67 so white Dodge Ram >> you starting on the end please code two >> final stop is the public plaza Go ahead. Stay in the car. Please put down your window. Will you put your hands on the steering wheel? Hey, how are you? >> What in the world is going on? >> I'm trying to take him back to his fiancé. >> Okay. >> You have a little kid in the car? >> I do. I I want to go. >> What is happening? >> I want to >> Why Why do you have a What is he doing? >> Well, he's tired. >> Okay. You realize you just hit two medians and you just went completely up a curb. >> I was >> How is this your daughter in the car? >> Yes. >> And who is he to you? Boyfriend or father? >> No, my friend. Yeah. >> Okay. >> There's no relation. >> Is it okay if I open up the back door and talk to him? Hey, you all right? >> Yeah, I'm good. I just had to let you know. >> Okay. with you. >> Do you need medical attention? >> No, sir. >> Is there a reason why you're in the back seat or you just sleeping? >> Sleeping. >> Have you been in the back seat the whole time? >> Where are y'all coming from? >> Uh, dinner. >> Huh? >> Dinner. >> Y'all are coming from dinner. >> All All of y'all were coming from dinner. >> St. Augustine. >> Okay. You're coming from St. Augustine. And where are y'all going? >> Same place. >> The house. >> You're going back to your house? When did the kid come into the car? Whereas she had dinner with you. >> Okay. What was your reason for hitting the median? >> Okay. >> Trying to figure out me and my [ __ ] fiance. >> I don't even know what she's trying to figure out where she >> is supposed to bring my fiance. >> Okay. I still don't know where my [ __ ] phone at. You trying to figure out where the [ __ ] >> I understand. But you've got a little kid in the car. If you want to drive like an idiot, then that's on you. But if you hit two medians like that, >> honestly, if you drive in circles, then >> No. No. >> But that is why you drive. >> Okay, just sit tight. One second. >> Is there a whiskey unit? >> Is that what they're there for is to work signal ones or are we supposed to do them? >> I think they are. I'm driving on the Parkway, right? Emergency lights are on, and she goes over the median, swerves back in, and then hits a curb and like almost goes airborne. He's in the back seat like laid down sleeping, and they have probably a three-year-old in the back right in a car seat. Can I grab your driver's license, please? >> Is this your purse that just fell? Andy, I just pur You want it? Yeah. >> Grab your ID for me, sir. This is your friend's kid. >> My wife. >> Who's the Where's the parents to this baby? >> I her mother. >> Your mama. Okay. >> I was fighting your mom. >> Okay. And you were at dinner as well, correct? >> I was. >> Okay. Where did y'all eat at? >> Yumato. >> What is it? >> Yumato. >> Okay. >> And >> the habachi place. Yeah. >> Gotcha. >> ID. >> Yes. Your ID. >> 21our status check. >> Thank you. >> Sorry. Do you have your ID? I know you found your phone, but >> that's all I got for you guys. My My fiance has my ID. >> There you go. Thank you, sir. >> You okay, sweetheart? You okay? >> Oh, she's scared. Can we hang out with him for a sec? Thank you. Dispatch has been hooked up. Tell me, how are you? >> Good. How are you? >> Good. I'm rolling right now. I'm just running them. So, I'm coming out of the dailies right there at Cyber Point. I make a right-hand turn cuz they're driving with their emergency lights on. There's a median. She runs over the median into the grass, swerves back on, continues on. um swerving a little bit, can't stand the left-hand lane, and then runs up on a curb and like both of her left tires go completely in the air. She comes back down. I pull up, she's immediately started crying, and I look in the back, and there's a dude just laying there and there's about a probably a two or a three-year-old kid in the back right seat. >> Do you believe she's impaired? >> Yes. >> Okay. Want to grab my paperwork? >> Okay. Here's your medical marijuana card right there. >> There you go. License. What's your daughter's name? >> Olivia Grace. >> What is it? >> Olivia Grace. >> Grace is her last name. >> Yeah. >> G R A C E. >> Mhm. >> And her first name is Olivia. O L I V I A. >> Yes. Middle initial? >> None. >> Okay. And date of birth? >> 11 5 2018. >> Okay. Does she live with you? >> Yes. >> Um, was that at dinner? >> Okay. All right. I haven't asked her um about [ __ ] So, they're coming from St. Augustine. They were out at Yamadoo's, which is a like a Habachi uh bar and grill um over in St. Augustine, and they're coming back here. I believe that they both reside in Palm Coast. Um I haven't asked her anything about if she's been drinking tonight. When was the last time she drank? I haven't asked her anything like that. It's just you can smell a little bit alcohol coming from her breath. Her eyes are super glassy, bloodshot, and I mean, her driving pattern was like I I'm surprised that they made it this far from St. Augustine. >> Yeah. So, um, let me know whatever I can do to help. I've got everybody in the call, including the kit I'm about to add right now, and I can do a supplement regarding, um, the, uh, vehicle, uh, observations. >> Got it. >> Let me know. >> Yeah. Yeah. >> Good. Howdy. Howdy. So, I just got here. So, what's going on? like this. >> Okay. So, why are you crying? >> Well, you got me pulled over and now I will explain. >> My daughter is implementing and you got me sore. >> So, where are you coming from? >> See, >> are you drinking? >> No. >> What were you doing on work? Going to like a birthday celebration. Okay. Based of all I have observed so far and the other deputies have observe observed so far. I believe that you may be impairing. So would you be willing to complete some field of protection? >> No, you don't have to. >> You don't have to complete them. But if you don't complete them, my [snorts] assessment of if you were incarcerated would be up and what have observed so far. No. >> No. >> You understand? Refusing to do the field sobriety exercise. You're being placed under arrest for DUI. You understand that, right? >> You guys, I need to go home. I need her to go home. >> So, you can't >> drive a motor vehicle safely based off what's been dealing with these people in my back seat. >> All right. It's it's it's simple. Are you going to do the exercises or not? >> Yes or no? >> Yes or no? Step the vehicle, please. >> It is though. >> Let's use this line right here. So, come over here. >> Mhm. Stand on the line over there. >> Which way do you want me to go? >> On the end of the line. >> Well, facing which direction? facing me. >> What's your name? >> Wait, I don't like him talking to my daughter without me. >> Okay, so >> like seriously. >> So, look. >> But my daughter isn't >> Can put a cap on her. >> Can you back up to the edge of line? >> My daughter is in the back seat. >> Can you back up to the edge of the line, please? >> No, I can't. >> Back seat. >> You have You have to focus. We can't leave your daughter alone. The guy is sleeping, right? You're passed out. >> I'm not I'm talking to you. >> I'm talking about the guy in the back seat. He's sleeping or passed out. Correct. >> And you're out of the vehicle, which means your daughter's unattended. So, do you want her unattended? >> Because you >> So, you want her unattended or you want to talk to her and keep her calm while we do this? >> She's 3 years old. >> Okay. So, do you want her unattended? You want to keep her calm? Can I get back to it? Edge of the line. Back up. Just >> don't wave at me like that. Like >> can you back up to the edge of the line? >> Yes. >> The edge of the line. Like look down >> like you're already going to Yeah. >> Thank you. >> Do you have any medical problems that may >> No. >> Cool. >> Any problems with your back, legs, or balance? >> Sometimes. Depends on the day. >> Depends on the day. What do you mean by that? Any medical problems? >> I've rode horses my whole life and my back [ __ ] hurts sometimes. So, >> does your back hurt currently right now? This moment? No. >> Not right now. Okay. >> All right. I'm going to demonstrate some field sobriety exercises, then ask you to perform the exercises. >> Do not begin or attempt the exercise until I tell you to begin. Part of my termination of whether you're intoxicated or not is ability to follow instructions. Do you understand? >> Not right now. No. I hear my daughter crying. >> So, do you want me to say it again or are you not going to >> I cannot hear what you're saying because I hear my daughter crying. >> I hear my daughter crying. I I I need to I need to attend to her. >> So, >> can you please I >> exercise need to be done or you're not going to do them? >> I'm not saying I'm not going to do them. I need to attend my daughter. She's crying right now. >> I don't know what you want to do. So, exercise need to be done. >> She's crying. >> Are you not going to need exercise? >> What? >> Are you going to need extra or not? Exercise or not? >> I can do the exercises, but I need to tend to my daughter. >> What are you going to do by tending to her? Go see if she's okay. >> She's okay. >> She's okay. She's in the vehicle. >> She sounds okay. >> I want you to I want you to just listen to what this recipe has to say right now. >> Why did you slam my door? >> Can you go back to lunch? >> I abs my determination so far is that you're in stock and you can't be driving the vehicle. That's right. >> Okay. and your daughter was put at risk tonight, picking you back up to the edge of the line, back where we were beginning at. >> You ready? >> Are you ready or no? >> No. >> What are you doing to me? What are you doing to me? >> Like, this is not cool. What are you doing to me? >> Field sobriety exercises. I believe you were too impaired to operate this motor vehicle which you were operating. So I'm asking you to do field sobriety exercises. I'm not going to ask you again. If you don't concentrate, if you don't begin them, you place under arrest. >> Okay. So, are you ready to begin? >> Okay. >> I'm going to demonstrate some field sobriety exercises and then ask you to perform the exercises. Do not begin or attempt the exercise until I tell you to begin. Part of my termination of whether you're intoxicated or not is your ability to follow instructions. Do you understand? >> No. >> I don't I demonstrate some pure surprising exercises. Do you understand that statement? >> No. >> I cannot understand that my daughter crying in the car. avoid making your daughter any more upset by hand. >> No, no, no, no, no. >> He asked you more than once. >> Well, I didn't realize. Leave your hands behind your back. >> I didn't realize that was a thing. You guys, please. >> No. No. You should be ashamed of yourself as a parent for operating a vehicle in these conditions, driving the way that you just were with your 2-year-old or three-year-old daughter in the back. >> Don't say you weren't driving. What? What do you mean? Why do you think we're here right now? >> I'm driving. I have a home. >> Yeah. Okay. And I'm glad that you made it this far without killing anybody in this vehicle. You should be ashamed of yourself as a parent to operate a vehicle like that. >> It's not okay. >> And DCF will be notified. >> Were you able to get a hold of a family member? >> Okay. >> You're okay. >> Hey, I need to do something. a family member. >> A family member needs to have >> custody of that child from here. >> You don't have any family members here in Palm Coast. >> Where do you have family members at? >> You have zero family members here? No cousins, no sisters, parents, nothing. >> Nothing. >> Okay. You just need to work on a ride for yourself. Okay. We're going to figure out something for the kid. >> I'm working on it. >> Go ahead and lean up against the vehicle. Do you have anything on you is going to poke me, pride me, stick me, cut me? Anything illegal? I give you the opportunity because if you introduce anything into the facility, it's an additional felony in the state of Florida. So, is there I I always give everybody the opportunity to tell me if they've got something on them. Is there anything on you? No. Okay. Is it just your hoodie or do you have a shirt on underneath this? >> Huh? Nothing. >> Okay. Heat. Heat. 214. Copy. I'll be 51 in a few. There was nobody on scene when I went by there. Go ahead and spread your feet for me. A little bit wider. >> And again, there's no other family members that can come and pick up your daughter. >> There's one. >> Okay. Who is it? Rihanna Jackson. >> Okay. How is she related to you? My best friend. >> What is your daughter's first name? >> What is it? >> Olivia. >> Olivia. And um does Olivia's father, is that her father in the back seat? >> No. >> Okay. Does he live local? >> No. >> Where does he reside? >> Okay. And you said what was the young lady's first name? >> Briana. >> What is it? >> Briana. >> Say it again. >> Briana. >> Briana. Dixon. Mhm. >> And what's her phone number? >> I don't know. My phone. >> It's in your phone? >> Yeah. >> What's it under? >> Dixon. >> Okay. I don't know if you had it under a nickname or something else. Give me just a second. >> So, when we get to the jail, are you willing to provide a breath sample? >> Okay. So, because you said no, I'm going to read you floors and pod consent. Okay. F law requires that you submit to a chemical test of your breath, blood, or urine [snorts] for the purpose of determining the alcoholic content of your blood or the presence of a controlled substance. If you fail to submit to these tests, your privilege to operate a motor vehicle will be suspended for a period of 12 months for first refusal and a period of 18 months. If your driving privileges have been previously suspended as a result of a refusal to submit to such tests, refusal to submit to a chemical test of your breath, blood, or urine upon the request of a law enforcement officer shall be admissible into any criminal or civil proceeding. You commit a misdemeanor if you refuse to a lawful test of your breath, blood, or urine, and your driving privileges has been previously suspended for prior refusal to submit such tests. Do you understand what I just read to you? >> Intact to the lawyer. >> Do you understand what I read to you? >> Intact to the lawyer. >> This isn't Miranda. >> What' she say? >> She wants to talk to the lawyer. >> That means she does want to incriminate herself. That mean she's refusing to do the test. >> Got it. Okay. And for your knowledge, DCF was contacted in regards to your daughter. They're going to come out here, respond to the situation, and assess to see if she's okay to go with your friend. If she is, she's going to go, your dog's going to go with your friend. And if not, you see that's going to take her the time being. Okay. You understand? All right. You check your head real quick so you don't hit by the door. Thank you. Police. >> Yeah. You get all done here. >> The stop was constitutionally sound from the first second. Under Wor versus United States 517US 806 decided in 1996, any observable traffic violation provides sufficient probable cause for a lawful stop. Striking two medians and mounting a curb in plain view of a law enforcement officer clears that constitutional threshold without question and without any need for additional justification from law enforcement. The DUI investigation was grounded in Florida statute section 3161 193, which defines driving under the influence as operating a vehicle while impaired or with a blood or breath alcohol level of 0.08 or above. Documented field observations, including glassy bloodshot eyes, the odor of alcohol, and a dangerous driving pattern already on record, established reasonable suspicion before the driver exchanged a single word with an officer. The presence of a child in that vehicle triggered a critical charge enhancement. Florida Statute Section 316 193 subsection 4 mandates increased minimum penalties when a person under 18 is present, doubling the mandatory minimum fine from $500 to $1,000 when the subject initially declined field sobriety exercises. Officers were not legally required to stop the investigation. Under the NHTS, a standardized field sobriety test protocol, documented observations of impairment are independently sufficient to establish probable cause for arrest with or without completed test results. The subject then refused a breath test and officers correctly responded by reading Florida's implied consent law. Codified at section 316 1 932. Every person who operates a motor vehicle in Florida is deemed to have consented to chemical testing upon a lawful arrest. Under Birfield versus North Dakota 579US438 decided in 2016, a warrantless breath test incident to a lawful arrest is constitutionally valid. A first refusal carries a 12-month administrative suspension, and the refusal itself is admissible as evidence in any subsequent criminal or civil proceeding. The subject's medical marijuana card provided no legal protection here. Florida Statute Section 31 16 193 subsection 1 paragraph A expressly covers impairment by any substance including state authorized cannabis. The card authorizes possession not impaired driving. The documented driving pattern also created exposure under Florida statute section 82703 which governs child neglect. DCF was contacted and responded on scene, initiating a separate administrative investigation entirely independent of any DUI charge. The officers in this interaction receive a grade of A minus. The stop was constitutionally valid. The DUI investigation followed established protocol, implied consent was correctly administered, DCF was contacted without delay, and backup coordination was handled efficiently throughout. One item reduces the grade below A. The statement that the subject should be ashamed of herself as a parent delivered during a custodial arrest crosses into unprofessional editorializing. Officers are not required to render moral judgment to subjects in custody, and doing so is legally inadvisable. The subject receives a grade of D. Prior to the stop, she drove extremely dangerously, striking two medians and nearly rolling the vehicle with a toddler strapped in a car seat. She refused field sobriety exercises, declined a breath test, and had no local family available to assume immediate custody of her child. Her eventual non-resistance during the physical arrest is acknowledged. It does not, however, offset the serious and documented risk she created for a child who had no say in the matter. Every stop like this carries lessons that extend well beyond the individuals involved. Whether you drive, ride along, or simply follow police accountability coverage, the legal principles demonstrated here apply directly. Lesson one, your driving behavior is your testimony. Before any officer approached that window, the vehicle had already made the case. Two median strikes and a curb mount established probable cause without a single statement from the driver. Lesson two, implied consent is a commitment accepted the moment you accepted your Florida driver's license. Refusing a breath test generates an automatic 12-month administrative suspension and makes that refusal admissible evidence against you in court. Lesson three, a medical marijuana card does not authorize impaired driving. Florida's DUI statute reaches any substance that impairs normal faculties, regardless of whether that substance was legally obtained or prescribed. Lesson four, a minor in the vehicle changes everything. Enhanced penalties activate automatically under section 316 193 subsection 4 DCF. Involvement is mandatory and child neglect statutes create additional legal exposure. One decision behind the wheel triggered all of it. Lesson five, emotional stress does not pause legal obligations during a traffic stop. Officers showed genuine patience throughout this encounter. Courts do not extend that same accommodation. Compliance under pressure is always the legally safer choice. If this breakdown gave you a clearer picture of how Florida's DUI laws work in the field, drop a question in the comments below. Subscribe to our channel for more legal analysis of real body camera footage and share this with someone who needs to see