I'd rather you not have ID right now. So, it's okay. >> What's that ID that's there next to the fireball? >> Um, that's not mine. >> Okay. Can I see that? >> This is my Oh, this is my >> That's your fake ID? >> Yeah. >> Okay. Is that your name? No. >> On April 16th, 2022, in West Palm Beach, Florida, a routine traffic stop turned into something far more complicated than anyone expected. An 18-year-old driver had made a choice that night that thousands of young people make every year. And she was about to learn exactly why that choice carries serious legal consequences. >> Hi there. >> Hi. >> Hi. I'm Sergeant Holmes. You see? >> I don't have my ID on me, but this is my girlfriend. This is her car. Like I'm just driving her home. Like I I don't have anything for like to show for me. >> Okay. >> But I'm just driving her home. >> Okay. >> Okay. Um >> like she's not okay right now. Like I just need to help her. >> Like I'm sorry. Like I just need to help her. Like I don't have anything for you. >> Can you roll rescue for a probably 18-year-old female? >> Like I can park. I can I can like Can I please help her or something? Yep. I'm going to have some paramedics check her. >> What kind of help can you provide with her? >> Like I just need to help her. Like I just need paramedics do that for her. >> Paramedics don't need her. Like I sw I I swear paramedics don't need her. >> Okay. >> I just need to help her. Like >> I can just bring it home. Then I swear she just haven't puked. Like she just needs to puke. >> She definitely has puked. >> I know. But she just needs to puke again. Like I swear like if you want to help her like I you can help her. I don't want to I don't want to start anything. I don't want to like begin anything. I just want to help her. >> Okay. Where are you coming from? >> Um we're coming from the pub. Knife pub. >> Okay. >> And we're my house is right there at um Points at Central. >> Where does she live at? >> She lives at home at home. >> At home. Where's home? Um, >> what's the street name? >> Um, what's the street name? >> Okay. >> If I can come home with her, then I'll >> if she if she wants to come home with me, that's completely fine. But if you want to drive us, that's completely fine. How old are you? I'm 18. >> 18. 19. 18. >> Okay. You don't have any ID? >> I don't have any ID. >> Okay. All right. Well, the reason I'm stopping you is you came close to crashing into the curb there a couple of times and then you were driving with the passenger door open and her head hanging out. >> I She just put it out. I didn't say I didn't tell her to do that. I She just did that because she needs to peel. >> Like I'm literally stopping for her. >> Yeah. Yeah, that's a good idea. She definitely has thrown off everywhere. So, >> if I can just go home to her apartment, then I'll be completely fine. >> Okay. >> And her apartment's like 2 minutes away. If you want to go with me, that's fine. >> Okay, that's fine. >> Go ahead. >> 51 >> 26. All right. Um, >> you just tell me what to do. >> Right now, we're just going to hang out. We're going to wait for the paramedics to come check her out and make sure she's okay cuz she does not look okay. >> I'm completely fine. I'm literally I swear I swear she's fine, but I haven't seen her up. >> Yeah, no problem. Absolutely. >> You know, they're the professionals, so I'd rather them check and say, "Yeah, she's cool." >> Okay. >> Before I completely agree. >> Okay, cool. And you don't have any form of ID? >> I don't. >> No student ID or anything? >> I don't. >> How did you get into pub with no ID? >> I got with a license like a debit card. If you want me to give you my debit card, I can give you my debit card if you'd like. >> You have that? >> Yeah. You'll be my Can I get out? >> Sure. >> Just to check my pockets. That's all I want to do. What's your friend's name? >> Um, her name is Brooke. >> Brooke. Okay. >> Don't Don't reach around too much in there. I'd rather you not have ID right now. So, it's okay. What's that ID that's there next to the fireball? >> Um, that's not mine. >> Okay. Can I see that? >> This is my Oh, this is my >> That's your fake ID? >> Yeah. >> Okay. Is that your name? No. >> Okay. Okay. So, what is the date of birth correct? Just >> July 25th. July 25th, 19. My real birthday, July 25th, 2001. >> Okay. >> The stop itself was legally rock solid. Under Florida statute section 316.089, a driver is required to maintain a single lane of travel at all times. Approaching the curb multiple times combined with operating the vehicle with the passenger door open gave the officer at least two independent articulable bases for initiating the stop. The United States Supreme Court in Delaware versus Prrowse 440US 4681 1979 confirmed that a traffic stop is constitutionally valid when an officer observes a specific concrete traffic violation. This wasn't a hunch and it wasn't a pretextual stop. The officer had eyes on two separate observable infractions before he ever activated his lights. Once the stop was initiated, the officer called for paramedics almost immediately. That decision matters legally and tactically. Under Florida Statute Section 316.193, ADWI investigation requires the officer to establish probable cause through direct observable indicators of impairment. The moment the officer observed bloodshot and watery eyes, slurred speech, and two open containers of alcohol, those three elements together satisfy the probable cause threshold. Two open bottles of fireball whiskey sitting in plain view inside the vehicle are not a minor detail. Florida Statute Section 3, 16.2. 2 045 prohibits any open container of alcohol in the passenger area of an operating motor vehicle. That's a direct violation regardless of who consumed the alcohol. Both the driver and the passenger were exposed to liability the moment those bottles were visible and accessible. The fake ID found in the vehicle elevated the situation significantly. Florida statute section 322.212 212 classifies the possession or use of a fraudulent driver's license as a thirdderee felony that carries a potential penalty of up to 5 years in prison. This is not a minor offense that gets overlooked at sentencing. It is a separate standalone criminal charge layered on top of the DWI. And then there's the age factor. Under Florida Statute Section 562.11, it is unlawful for any person under 21 to possess alcoholic beverages. At 18 years old, the driver had no legal right to possess either of those open bottles, regardless of whether she was the one who bought them or consumed them. >> PP ID on you. Do you have anything on this phone? Where's my phone? >> I don't know, bro. >> It's all right. Just relax for a minute. Wait until the paramedics get here. And >> I don't know, bro. Just please give it to him. >> Get you to who? >> Give it to him. I >> It's fine. I don't need her ID right now. Just relax. >> I'm just I'm just really scared. >> Why are you so scared? >> I I just have never been pulled over by the cops. I've never experienced this. Okay. You said your real date of birth is 2001. >> 2003. My >> 2003. >> Okay. I'm I'm completely fine to drive. >> My husband was trying to get her home because she didn't have a ride. driver entering the line. The passenger is uh a little more uh ineated. >> Yeah. Like I said, right now I'm just going to wait on the paramedics to check out your friend and then we'll proceed with the rest. Okay? So, relax for a minute. There's two open bottles of fireball. You don't mind keep an eye for a second thing while I sanitize and get close. >> Thank you. um she I mean came within inches of hitting the curb about six times. The passenger door was open with her head like >> that from the uh concrete. >> Fireball. >> There's another one up there. It's probably better for you to go to the hospital >> because if I was 21, >> what's your first name? >> JC. >> Okay, JC. Her is her car. >> It's a her car. Okay. >> Yeah. >> So So here's what's up. Okay. >> Of course, you know the strong go to alcohol capities. Okay. >> Your eyes are bloodshot and watery. Okay. Your speech is slurred. You have two open bottles of alcohol next to you. >> Okay. And what I want to make sure that you're okay tonight to drive. Okay. Um would you mind stepping out of the car and do some field exercises so I can make sure you're okay? >> Okay. I'm going to have you step out. >> Open the door. >> I got you. I got you. Okay. Let's go ahead and sip out. Okay. And you said you're okay with doing some feels Friday exercise, right? >> I'll do whatever you want. >> Okay. How much did you drink tonight? It's good. >> I didn't drink a lot. >> What? What's not a lot? >> I didn't I really didn't drink at all. Like I >> like How much did you drink? >> Um >> cuz not a lot to me is is different than not a lot to you. Not a lot to her is different. >> Be honest with you. I went to the club. I went with her and she got a drink and I got a drink with her. >> Okay. >> And that's all I'm like that's all I have. I got a drink with her. I didn't drink beforehand. She like I didn't do that. I didn't drive to the club drunk. I didn't drive to the club at all >> under intoxication. >> I didn't I didn't go to the club under intoxication. She drove like to us there. And that's that's all I I don't know what else to say. >> I'm sorry. I'm sorry. You're okay. You're okay. >> I'm just I just I've never been in this situation before. Take a deep breath in. >> We got to make sure your friend's okay. That's all she >> That's okay. Okay. I understand. I understand. I I was trying to take care of her. I was trying to take care of her. >> And this is her car. >> This is her car. Yeah. >> You live at Point Central? >> I live at the Point at Central. >> And you were taking her home? >> Yeah. She was going to sleep at my house. >> Oh, okay. I thought you were taking her to her house. >> No, she was going to sleep at my house with me. >> Okay. >> Just You only had one drink with her? >> Yeah. I didn't have I didn't I know like I don't drink and drive like I know like what my limit is and what I shouldn't drink. >> What was the drink if you don't mind me asking? >> It was a bottle of water live. >> Okay. >> So the >> we both got it but I didn't pay for it. >> Okay. >> She paid for it. We got it and then we drank it and then we went home and then she and whatever she continues to do was up to her decision. But I I know that I shouldn't drink a lot. >> When did you guys get McDonald's? >> It was before we even went to the club. >> I It was before that. >> Do you know before >> Sorry. Do you know what time you had that drink? >> Um do you know what time it is right now? I'm sorry to ask you. >> Do you know what time can I ask? Can I look? >> No. >> My phone is on. >> Just give us a guess. What's your best guess? >> After 12. >> Okay. >> We're on 1:00. >> Okay. >> 1 1:30. All right. >> After 12:1 1:30. When did you have that drink? >> After I already got to the club and we were already inside. >> What time was that? >> Uh 12:30. 12 12:30. >> She had her one drink of what is it? Vodka with wine. Right. >> Vodka water. >> Okay. At 1:30ish when she got to the club. >> Um it's about 1:30 right now. >> I got we got it when we first got in the club, which is around 12:00. >> Okay. And then after that, I didn't I didn't continue to drink. I didn't buy any more drinks or anything like that. >> All right. So, this is what I want you to do. Okay? I want you to stand with your feet together. >> Okay? >> Arms down by your sides just like this. Okay? Have your uh feet just like this together. Okay? >> I want you to stand like that. Arm down by your sides. And I want you to look at follow the stimulus with your eyes and your eyes only. You see that red light right there? >> Okay. That's going to be a stimulus from here on out. We want you to go ahead and face me this way. Okay? >> Okay. So, I want you to look at this with your eyes and your eyes only. Do not move your head. Okay. Do you understand those instructions? >> Okay. Cool. >> Okay. Remember, don't move your head. Okay. >> Okay. >> All right. Cool. Do you see this white line right here? >> Yes, sir. Hey Rick, you're going to go ahead and move over here to the center of the parking lot. All right. >> Okay. >> So, go ahead and follow me. >> More level over there. >> Okay. Do you see this line right here? >> Does it appear to be straight to you? >> Yes, sir. >> Does it appear to be on a level surface? >> Yes, sir. >> Is it dry? Yes, sir. >> Is it for you to breathe? >> Yes, sir. >> Okay. So, this is what I want you to do. I want you to take a deep breath. Okay. >> Okay. >> Okay. >> I'm sorry. [snorts] I'm just I just I've never been in this situation before. >> Well Well, listen. Let's Let's take a deep breath. Okay. Let's try to calm down. Okay. >> Okay. >> Okay. So, this is what I want you to do. I want you to put your left foot in the line. >> What? >> Left foot in line. Are you comfortable doing this exercise in the shoes? >> Yes, I'm >> Do you want to tuck your shoelace in cuz your shoe's untied? >> No, the other one. There you go. >> All right. So, what I want you to do is place your left foot on the line. >> Now, place your right foot directly in front of your left, touching heel to toe. >> Okay. Touching heel to toe, just like this. And arms down by your sides. >> Okay. I want you to stay in this position. And do not move from me until I tell you to do so. Do you understand? >> Yes, sir. >> Okay. When I tell you to, I want you to take nine heel to toe steps down the line. >> Okay. So, it's going to look like this. >> Okay. >> One, two, three, all the way to nine. >> Once you get to that nine step, keep your front foot in the line and turn by taking a series of small steps. Turn back around just like this. >> Okay? >> And then you're going to proceed back down the line. 9 0 7 1 2 3 all the way to nine. >> Okay? As you're walking down, I want you to keep your eyes on your feet at all times. Count each step out loud and do not stop until the exercise is completed. Do you understand those instructions? Yes, sir. >> Okay. >> Yeah. Have a second. >> Okay. I'm sorry. I'm sorry. I'm just I never been in this situation. >> It's all right. It's all right. Okay. Can I start with my I'm not standing. Can I start with this? >> No. Just as I told you. Left foot in the line. Right foot directly in front. Okay. So, I need you to go ahead and get to that position. University. >> Okay. >> You want me to do it again? >> You're you're you're fine. You don't have to do it again. Okay. What I want you to do, stand with your feet together just like this. Okay. Have your arms down by your sides. What I want you to do when I tell you to is you're going to lift. I want you to stay in that position. Okay. Don't start until I tell you to do so. Okay? >> I want you to raise either leg approximately 6 in off the ground. Don't start until I tell you to do so. Okay? Raise either leg approximately 6 in off the ground. Your foot's going to be parallel to the ground just like this. Okay? I want your eyes on your feet. You're going to count out loud in the falling manner. 100 1,002 1003 until I tell you to stop. Okay? If you have to put your foot down, pick it back up. Start when you lift off. Okay? >> Okay. So, it's going to look just like this. 100 1 3 until I tell you to stop. Okay? Do you have any questions? Okay, in a second. >> When you're ready, you can begin. >> 1,00 1,002 100,004 1006 1007 1008 10090 101234 Gu's legs. >> No, you have to you have the same legs. >> Okay. Stop. >> Okay. We're going to do another exercise. Okay. What I want you to do is go ahead and face a Walgreens sign for me. >> Yes, sir. >> Okay. You know how Superman flies, right? >> Pardon me. >> Kind of. You know how Superman flies. Kind of >> his arms up. >> He shoots him back and he flies real fast, right? >> Okay. So, that's what I want you to do. Okay. Okay. I want you to go ahead bring your arms forward and then bring them back and count to 30 with your eyes closed. Okay. >> Like just like this? >> Yep. Just keep your arms just like that. Okay. >> Okay. Sir, count to 13. >> 30. >> 30. Okay. 1 2 3. >> Okay. You're under 22. Um, I have a question. >> Yeah. >> Um, do you know how I can get out of Can I get out of a DUI? >> We can get out of a DUI. >> Well, do you know how I can be released? My parents don't live here. My mom doesn't live here. I don't know how to I don't know what to do. >> We'll explain everything. We'll >> explain all that to you once we get over there. >> Okay, sir. Yes. >> Okay. Do you mind doing a search? >> You mind doing a search? I don't mind. >> Okay. >> Move your nose out like that. All right. >> It's okay. Take a deep breath. Okay. >> All right. >> Do you have anything on me that can poke me? Stick me in any way. >> I'm going to touch I'm going to plant around your clothing. Is that okay? >> Yes, ma'am. I don't I don't know, man. I'm just talking to you. [laughter] [screaming] Stay still for me. Okay. >> Yes, ma'am. >> Yes, ma'am. >> Switch to your other side. >> Yes, ma'am. Is my friend not even in trouble? >> She's going to the hospital. >> You just try to I wish you could help her. >> Am I ever going to be released from jail? >> Yes. >> I'm never going to be released from jail. >> Yes. Yes, you will. >> I'm never going to get a job. >> I'm never this way. >> Yes, ma'am. I I will do anything. >> I can't. >> We're going to this car. >> My side >> or your side. Sorry. >> Everything. Please. Please don't go anything. >> Okay. Yes, sir. Yes, sir. >> You got to be closer. >> Am I going to be okay? >> You're going to be okay. >> It's my mom. My mom's not from here. >> I'm not with you. Okay. >> I don't live in West Palm. >> I don't live in West Pal. I live in West Palm. Not from Orlando. >> Am I going to go to jail forever? >> No. >> Okay. >> Okay. She'll help you with your shirt. >> For a second. I'm going to go to the other side to unlock your seat belt. Okay. Okay. >> First, let me get your shirt. Stay right here for a second. >> I know. I know. Look. >> I can't believe I was blamed for that. >> There we go. >> I'm sorry. >> My bad. >> Let me get the other side. Hold on. I'll undo your seat belt. Stay right there. Okay. >> It's literally not my fault. >> I know. Just stay right there. Do not move. Yeah. >> It's not even my fault. >> Let me grab right here. Okay. >> Okay. Okay. It's not my fault. I didn't even step out of the vehicle. >> All right. All right, follow us. Do you know? So, do you know if Rug is here? >> You can go up now. Take the other side. >> Take a seat. >> Put the back on. Yeah. >> Can you do me a favor? Hold this >> or you want to go around? >> Just call. >> All right. Just a second. What's happening? I'm going to have to get you. >> The field sobriety tests administered that night were the three NHTSA validated standardized tests. The National Highway Traffic Safety Administration developed these tests specifically to give officers a structured defensible way to assess impairment at the roadside. The horizontal gaze nestagmas test measures involuntary eye movement. Alcohol disrupts the brain's ability to control smooth eye tracking, causing a jerking motion the subject literally cannot control. Six clues are evaluated and four or more indicate a blood alcohol concentration at or above 0.08%. The walk and turn test is a divided attention assessment. It requires the subject to perform a physical task and a mental task at the same time, mimicking the cognitive demands of driving. Eight clues are evaluated and two or more indicate probable impairment. The oneleg stand test measures balance and sustained attention. Four clues are evaluated and two or more indicate impairment. Florida courts have consistently upheld SFST results as admissible evidence when administered by a trained officer following NHTSA protocol as established in state versus matter 674. So 2 8 26 Florida DCA 1996 the driver received a B+. The stop was legally initiated. The investigation followed proper procedure. the SFSTs were administered correctly and the arrest was supported by probable cause. The officer also demonstrated notable composure and genuine empathy toward a distressed young subject after placing her under arrest. The one area worth noting is the nonvalidated supplemental balance test administered at the end. It's not part of the NHTSA battery and while it's not improper to administer, it introduces a potential point of challenge for defense council at trial. The driver, JC, receives a C++. Her decision to cooperate fully with every instruction, to comply without resistance at the point of arrest, and to remain non-aggressive throughout the encounter prevented a bad situation from escalating, but the legal exposure she walked into that night was substantial. At 18 years old, she faced a potential DWI charge, two open container violations, a minor in possession charge, and a thirdderee felony for the fake ID. The most significant legal error she made had nothing to do with the car. She voluntarily answered every question put to her without once invoking her fifth amendment right to remain silent. Under Burkimer versus Mccardi 468US420 1984, roadside traffic stops are not custodial, meaning officers are not required to issue Miranda warnings before asking questions. That means every statement she made, her admission to drinking, her description of what she drank, the time she drank it, and her acknowledgement of the fake ID, all of it was legally admissible without a Miranda warning. She gave the prosecution its case in her own words. This case carries lessons that apply far beyond this one encounter. Let's break them down. Lesson one, driving after drinking, even after just one drink, is a legal risk that does not require you to feel impaired. Florida Statute Section 316.1 193 establishes that impairment is determined by an officer's observation of your behavior, not by your personal sense of how you feel. Lesson two, if you are stopped by law enforcement, you have a fifth amendment right to remain silent. You are not required to answer questions about where you've been, what you've had to drink, or what's in your vehicle. Politely declining to answer is not a crime, and it is not a sign of guilt. Lesson three. Open containers of alcohol in the passenger area of a moving vehicle create immediate criminal liability for everyone in that car. Florida statute section 316.2045 does not require proof of consumption. Presence and accessibility are enough. Lesson four. A fraudulent identification document is not a low stake shortcut. Under Florida statute section 322.2, 212. It is a thirdderee felony that can follow you for the rest of your life with consequences far more serious than any minor alcohol charge. Lesson five. If someone in your group is too impaired to drive, call a ride share. The cost of an Uber is measurably less than the cost of a DWI arrest, a fake ID felony, and the compounding consequences that follow both. If you found this analysis useful, consider subscribing to our channel for more legal breakdowns of body cam footage. Drop your questions or case suggestions in the comments. We read every one of