I had drinks last night, sir. >> Uh, I I could I could smell >> There's a lot of liquor in the car, too. I do have >> I understand, but I can smell that from your breath. Coming from your breath, okay? >> Okay, it's fine. >> That's why I'm That's why I'm just Let me explain. That's why I'm speaking to you, okay? All right. Every time you're speaking, you're not going to smell the alcohol coming from your breath. Okay? This is the reason I'm asking you this question. Okay? >> Okay. >> With that being said, are you willing to do physical body exercises to dispel my belief that you're not prepared to stay here with me? >> issues, so >> I understand. I'm just going to go ahead and check your eyes. >> It's up to you, okay? Based on what I'm >> I do have a license to carry an open container. I do apologize. >> You have a license to open a What What What again? >> I I'm a liquor rep, so I do have open containers in the trunk. >> I'm not I'm not worried about that. >> Okay. >> Let's Let's get that out >> Okay. >> out the picture. Are you willing to do physical body exercises? >> I I don't feel feel physically think I can with my knees. >> Okay, I'm That That's fine. >> Okay. >> I'm going to go ahead and check your eyes. By that, it'll determine if you're able to drive or not, okay? >> Can I have somebody just come get me and not do any of it? >> No. No, that's not how it works. No. >> I literally had drinks last night. I have Might still be in my breath. I do apologize. >> Okay. I just have to verify that you're good to drive. If it was last night, it's been a while. I just got to do this. >> I mean, this morning 9:30 might have been the last time I >> On August 31st in Monroe County, Florida, a routine traffic stop became a textbook DUI investigation. One that raises real questions about how the law applies when a driver starts talking before she should. Under Florida statute section 316.605 {sub-section 1}, a license plate must remain fully legible at all times, and no dealer frame may obstruct the state name. That alone gave this deputy a lawful basis to stop the vehicle. A third-party reckless driving complaint logged from dispatch from the driver's own employer provided a second independent justification. Under Terry V. Ohio 392 US 1 1968 reasonable articulable suspicion from either basis is sufficient to initiate a stop. >> Hi. >> Hey, how you doing, ma'am? >> Good, how are you? >> Good, good. Deputy Ryan with the Sheriff's Office. How you doing? >> I'm wonderful. How are you? >> Good, good. You have your license, registration, and insurance? Can you do me a favor and lower down your window for me? >> Yes, sir. Hi. Yes, what did I get pulled over for? >> Okay, so obstructed tag, okay? >> What? >> And you were called out as a reckless driver, okay? >> Why? >> Hm? >> What did I do? I just got off work. >> You just got off work? Or you were dismissed from work? >> I just got off work, though. >> Okay. You just got off work or they told you to go home? >> They did not tell me to go home. I just got off. >> Uh-huh. You have your registration and insurance? Where do you live? >> Uh Savannah. >> Savannah? Okay. >> Yes, sir. >> So, why did you pull into uh >> Here? >> Yeah. >> Because I was going to go see a friend. >> Okay, where where does your friend live? >> Um right around the corner. >> Okay, what's it called? What's her address? No, no, what's her address? >> Sorry, uh Morgan Beaton. She lives right around the corner, right there. Uh so, I go down this street, keep going around the corner, and she's right there. Sorry. I don't know what >> What do you What do you mean uh she lives around the corner? >> So, I was going to turn in here, it goes that way, and then she lives right there, sir. Morgan Beaton. Do you want me to get her exact address for you? I don't know. Sorry. >> Can I pull it up on my phone for you? If you don't mind. My car is a mess. I had a promotion tonight. I had to cancel it. I do apologize. >> You had a promotion this tonight? >> Yes, at Islander. I had to cancel it. >> You had to cancel it for what reason? >> The building canceled it with me. I do apologize. >> Okay, so you didn't cancel they did. >> Excuse me. Uh the manager I was just talking to Jason, the manager at Chica and or excuse me at Islander and he said, "Please reschedule for next week. We have the 28th down." >> Okay. What are you looking for? >> My insurance card for you? >> Okay, what about the registration? >> It's still my new car. >> Beautiful car. >> Thank you. >> You don't know what it look what it looks like? >> Yes, I know what it looks like, sir. I asked the lady to send me a copy of something when I first bought the car because just the bank owns it. Right here. Sorry. >> Mhm? >> The insurance card is in there? I need to find >> for an 80-year-old >> Seven. All right. I have a question. How much did you drink? >> Advised he's yawning and breathing heavy. >> Uh I I I can I can smell >> There's a lot of liquor in the car, too. I do have >> I understand, but I can smell that from your breath. Come to me breathalyzer, okay? >> Okay, it's >> That's why I'm That's why I'm Let me explain. That's why I'm speaking to you, okay? All right. Every time you're speaking I can smell the alcohol fumes from your breath. Okay? It's the reason I'm asking you this question. Okay? >> Okay. >> With that being said, are you willing to do physical body exercises to dispel my belief that you're not prepared to >> I have knee issues, so >> I understand. I'm just going to go ahead and check your eyes. It's up to you, okay? Based on what I'm >> I do have a license to carry an open container. I do apologize. >> You have a license >> open the Wait, wait. What again? >> I I'm a liquor rep, so I do have open containers in the trunk. >> I'm not I'm not worried about that. >> Okay. >> Let's Let's get that out >> Okay. >> out the picture. Or you want to do physical sobriety exercises? >> I I don't feel feel it physically think I can with my knees. >> Okay. I'm that That's fine. >> Okay. >> I'm going to go ahead and check your eyes. By that it'll determine if you're able to drive or not, okay? >> Can I have somebody just come get me and not do the sobriety? >> That's not how it works. >> I literally had drinks last night. I have might still be in my breath. I do apologize. >> Okay. I just have to verify that you're good to drive. If it was last night, it's been a while. I just got to do this. >> this morning 9:30 might have been the last time we were hanging out drinking. >> Okay. It's 7:00. That's been more than 8 hours. Okay. >> I'm so sorry. >> me a favor. Step up. Just watch your step. >> I'm so bad. Sorry. >> All right. You're going to walk in front of that patrol vehicle for me? We're going to go ahead and close the door for you. Sobriety test, all right? So, I'm going to go ahead and check your eyes. All right. This is what you're going to do. You're going to put your hands to your side, feet together. All right? You're going to follow the tip of the pen with your eyes. You don't need to move your head. You don't need to move your head or anything. >> Yes. >> Yes. No. Okay. >> All right. We're going to do one more exercise, okay? Okay. Um You said you had problems with legs, correct? >> Yes, sir. >> Um you have any head trauma or anything like that? You don't have work >> migraines. On my period, I don't know. There's a lot going on with me right now. >> There's a lot going on with you? >> I'm sorry, but I've had the worst day of my life. >> I understand. >> 5:30 everywhere. It's just been I'm going to start crying. I've just had the worst day. >> I still have a question. You were uh You able to go to work though, correct? You able to operate a motor vehicle? Okay. >> Yes, sir. >> Since you indicated that you have any problem, okay? Um so this is simple. Easy exercise. What you're going to do is going to go put your feet together, right? Hands Hands at your side. You're going to lift your body 6 in off the ground, right? About the size of a Pepsi can. >> Can you measure 6 in for me? >> Way more than 6 in. It's about more than 6 in here. >> But with my knees being wobbly and me being able to stand like that, I mean, I do have doctor's notes for >> That's fine. That's fine. >> ACL, MCL >> I have two surgeries on both legs as well. >> Okay. >> Okay. I used to wrestle. >> note. Ma'am, I used to wrestle and I'm doing it perfect. I understand but you don't a surgery, I haven't had I have never had surgery. I can't do Neither, I haven't had surgery. Okay, just not good with standing on one leg. I'll let you know. I had a hole in my leg so right in my kneecap. Okay, so look, 6 in off the ground about about the size of the I get it, I just can't stand straight. This is what you're going to do. I'm going to go ahead and demonstrate and explain the exercise. You're going to be I'm only right now. wobbly No, cuz we had to get that in the camera. All right, go ahead get in the middle for me. Hey, she wants to know if she can take her shoes off. Your priority you can do it with your shoes With or without shoes, whichever one you want. You want to take them off, take them off. Okay. Put your hands at your side, feet together, please. Okay. You're going to be We're going to be doing the one leg stand, okay? Do you understand? Yes, I do. I'm just letting you know now I'm just Okay. With whatever leg you feel most comfortable with, okay? You're going to lift it 6 in off the floor. Okay. You're going to count 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000, so on and so forth until I tell you to stop. Do you understand what I said? Yes. Okay. All right, if you do put your foot down, pick it back up and continue counting where I left off. Okay. Do you need me to count out loud for you? Yes, ma'am. Keep your foot visual at feet at all times. So here? Put it down. Okay. When I tell you to start, when I tell you to start you may begin when I tell you to start, okay? Can you put your feet together for me, please? Okay. All right, it's going to be wobbly though, this is not You may begin. Okay. 1 1,000, 2 1,000, 3 1,000, 4 1,000. >> Keep your visual on your feet at all times. >> I'm looking at my foot. I'm not looking at you. >> No, at your foot. >> 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000, 7 1,000, 8 1,000, 9 1,000, 10 1,000, 11 1,000, 13 1,000, 14 1,000. I just stopped it for a second, sorry. 15 1,000, 16 1,000, 17 1,000, 18 1,000, 19 1,000, 20 1,000. >> Okay, we're going to do a the next exercise. Here, we have that fixed we have the painted line down there. >> I can't pivot. I'm just going to tell you now, it doesn't work. I'm not I I'm not good I I already know I'm going to not going to I I can't. I can't if you're going to make me walk on the line and pivot I >> That's fine. >> I think I'm I'm telling you right >> All right, so you're >> another exercise? >> Ma'am, so you're telling me you don't want to do that exercise, correct? >> I didn't say I didn't want to do it. >> You said you have bad knees, but you don't have any other trauma. You don't have any other defects that that can impede you from doing this exercise, right? >> Do I have any >> Any Any other physical defects? >> do it that way to twist my knee that way. >> not twisting any knee. >> It's really my knee. >> Okay, I'm going to ask you I'm going to ask you one more time. Are you going to do the exercise? Okay. >> I'll do it for you guys. I'll do >> Okay, you don't have to do it for me. It's up to you, okay? I'm asking you >> want to get a field. I'd rather do it. I'm just saying. >> All right, we're going to go ahead and relocate to that side. You're going to walk with Deputy Castro and we're going to go that way. All right, ma'am. Okay, let's We're We're going to use this line here. Scoot up this way for me. Little bit more. That's good. Okay. Next exercise is going to be the walking turn. Okay? Come on this side, please. We're going to stand on the right line. Turn around. >> All right. >> You're going to put your foot on the edge of that line. >> So, you're going to put your left foot >> inside the edge of that line. >> Right there. Okay. >> The edge. >> 4 5 >> So, on the edge. >> Right on the edge, okay? >> That's good. >> You can use the edge and the outer line, okay? Just like this. Let me explain. So. Just like this, okay? >> And I just got to go. That's >> That's between the lines. >> Right in the >> But that's on the line. >> Right on the line. Right on the line, all right? You can either You can either do You can either do this line or this line, okay? I'd rather you do this line, okay? This side will be better. >> This side is better? >> Yeah. All right. Like that you Like that you don't complain about the the ridge on there, okay? >> So, what toe was supposed to be in the middle in the front then? What >> Okay, you're going to put your left foot on the line. Right foot in front of it touching heel to toe. >> I know, but what toe is considered in the >> That's You're You're You're right in the middle. >> You're fine. >> You're right in the middle. You're right in the middle. >> Right in the middle. >> All right. Maintain that position. >> good at this. >> Okay. >> Maintain that position and >> Hands at your side. >> No, no, I was going to do this. >> Okay, he's going to go ahead and demonstrate and explain the exercise. Just maintain that starting position. >> I'm not balanced though. How do you do that? Okay, I'm sorry. >> You're going to stay in that position until until you do >> Okay. What you're going to do is All right. Left foot's on the line, okay? right foot's in front. All right. You're going to take No. No. No. No. Stay in the same position, okay? Until I tell you to do otherwise. >> Okay, I'm just making sure. >> All right. You're going to take nine heel-to-toe steps, okay? >> Nine? >> One. Two. Three. Four. Five. So on and so forth until you get to nine. >> Okay. >> Okay. Once you get to nine, okay? You're going to keep your left foot on the line. You're going to take a series of small steps. You turn back to the line, okay? You're going to continue. Four. So on and so forth. Do you understand? >> Yes, sir. >> All right. At any point you you get off the line or you step off the line, get back in the in the where you left off and you continue, okay? >> Okay. >> Okay. Another thing. >> Sorry. >> Once you reach the ninth step, you're going to leave Face the same >> Just want to make sure I'm doing it all correctly, sir. >> All right. Let me go ahead and demonstrate one more time, okay? So, I want to follow the line. Nine steps, all right? It's going to go something like this. One. Two. Three. Till you reach nine. Once you reach nine steps, you're going to leave that lead for the planet. All right? And with your back leg, you're going to take a small series of steps returning back to the line. Like this. >> So, what foot does it My Excuse me. I just want to make sure I'm getting it all correctly. I'm leading with my right foot. >> Give me a second. Once I explain the exercise, you need me to explain it one more time for you? >> I just want to make sure I'm doing it >> I I understand. Well, hands at your side like I instructed you to do. >> Sorry. >> Okay. I'm going to go ahead and explain it one more time. >> Okay. Can I just ask a question though? So, you said I leave >> All right. >> left foot planted, lead with the right. >> Nine steps, but when I turn >> put your >> Sorry, I just want to make sure when I turn, what foot needs to be solid? >> All right, let me explain the exercise to you. You're not letting me explain, okay? Left foot on the line. Right foot in front of it touching heel to toe, like this, okay? When I tell you to start, only when I tell you to start you're going to start the exercise. Do me a favor, maintain that starting position. >> Sorry. >> Okay. When I tell you to start, you're going to take nine steps. Right, touching heel to toe. It's going to be something like this, okay? One. Two. Three. Once you reach nine steps, you're going to leave your lead foot planted, which is your front foot, okay? And with your back foot, you're going to take a little small series of steps, okay? Returning back to the starting position. Which is the line, okay? Once you you're in that line, you're going to take another series of steps which are nine. One. Two. Three. And so forth till you reach nine. Okay? If you step off the line, get back on the line and continue counting where you left off. Do you understand? >> Yes, sir. >> Okay? Whenever you're ready, you go ahead and start. >> One. Two. Three. Four. Five. Six. Seven. Eight. Nine. One. Two. Three. Four. Five. Six. Six. Seven. Do I do another step? >> You were instructed to do nine steps. >> So, that would be nine? >> Were you counting? >> Yeah, that would be nine. The front one in front. >> I I You were the one counting, ma'am? >> Yes, Mr. >> So, you're saying you did nine steps, correct? >> When I pivoted, I think I did. I'm so sorry. >> That's fine. Do me a favor. Come this way. Okay. Okay. I have one more exercise. Face me. >> Can I get some water first? I'm so sorry. >> All right. You're going to go uh >> Once stopped, the deputy detected a strong odor of alcohol, not from the open containers inside the vehicle. That distinction matters. It moves the investigation from a potential open container directly into DUI territory under Florida statute section 316.193. The driver disclosed she is a licensed liquor sales representative. The deputy correctly removed that issue from the analysis. Florida statute section 564.045, licensed distributors may transport open alcohol in a commercial capacity. That exemption applied here. What remained was the breath odor, and the driver threw that more ads. She volunteered that her last drink was at 9 of hours before the stop. Under Illinois V Caballes 543 US 45 2005, a lawful stop may expand when independent probable cause for a separate offense develops. It did here. The deputy administered all sobriety tests, the horizontal gaze nystagmus test, the one-leg stand, and the walk-and-turn. These are the only three tests that Highway Traffic Safety Administration recognizes as the indicators of alcohol impairment, with each carrying an accuracy rate of approximately 88% when properly administered. The driver disclosed bilateral knee injuries before testing began. Specific routine solace are both legs. NH deflecting balance balance beast document thoughts they drug knowledge condition taught formally note in Shan documentation gap and it matters in court. Under Berkemer V. McCurdy 468 you are a routine traffic stop is non-custodial. Miranda warnings are not required during roadside questioning prior to arrest. Every statement the driver made including her timeline of drinking was fully admissible without any advisement. The arrest was executed using soft empty hand control and standard handcuffing. Under Grammys 69489 force must be objectively reasonable based on the affluent scenario at the moment. No strikes, no takedowns, no electronic control weapons were deployed. The force used was proportionate and legally sound. Prior to requesting a breath sample, the deputy delivered the implied consent advisement required under statute whole section 316 a soda vehicle in Florida has by doing so given consent to lawful chemical testing. Refusal is admissible as evidence. The advisement was timely and procedurally correct. >> You'll be placed in custody for DUI, right ma'am? >> Okay. >> You have someone to come pick up the vehicle? >> Why? >> You want to take off your watch? Ma'am. Ma'am. Do you want to take off your watch? >> I got her back into the store sign negative injuries. I mean once you know I clear from this side I'll be good. >> Ma'am, these exercises are not for uh >> I know I I told you but I told you I have knee issues. This is the only part. >> I understand. Ma'am, you're going to be afforded opportunity to blow, okay? But at the moment you want to take this with you? >> Put it in my car again? >> Okay. Um you have someone that can pick up the car? >> Yeah, my brother. >> Okay. Where's your phone? >> In my car. >> Where's your keys? >> In my car. >> Is that too tight or is that good? >> Um you're hurting my knees. >> Where are my knees? >> My knees. >> Where are your Where are your Where are your >> You know that you guys I know, but that's really tight. This is unacceptable. >> Hold on, ma'am. Stop moving. >> I'm not moving, sir. You guys know I have bad knees. Can't pivot. Can't side step. I can't move my legs. >> 6111. You're going to have one We're going to have one We're going to have one officer. All right, Dixie. I'm going to reach over you. I'm going to grab the seat belt real quick. All right, you're going to be afforded opportunity to uh provide uh breath samples. It's uh your right if you refuse it and if you don't, okay? It's up to you, okay? All right. So, this is what she was trying to hide. Um I pulled her over. She was um As soon as I pulled over, she was uh doing movements. She was trying to hide something. She covered it with the Well, I'm with uh the screen visor. Okay, it's right on the passenger seat right there and it was covered with um the windshield visor. The the cover. Okay, so it's the pillar. It's right in the It was right in the front seat. Right in the front seat in the floorboard. >> Hello. >> Yeah, how are you doing? >> Who is this? >> Deputy Ucam Moreno with the Monroe County Sheriff's Office. Am I speaking with Shane? >> Yes, sir. >> Hey, how you doing? Are you nearby Tavernier? >> Uh yes, sir. >> Okay, can you meet me here at Venetian Shores? Um see if you can come pick up your sister's vehicle. >> Uh yes, what happened? >> Uh she's being placed in custody for DUI. Uh we're right here on Port of Salvo. Right behind Berkshire Hathaway. >> Hey, hey hey guys, hey, I got to go. >> Okay. >> No, no, no, no. >> Uh make sure someone brings you or catch an Uber here. Uh make sure you're not >> What's that, sir? >> Uh make sure you're not under the influence. Um >> I'm not, sir. >> I appreciate you. Thank you. Um I don't want to go ahead and do more um more insult to injury. She's already being arrested for DUI. >> Okay. >> Is there anything we can do about it, sir? >> No, no, sir. We're past that point. We're We're past that point. >> I'm just literally going through one. >> I understand. We're past that point, sir. She's um >> I'm going. >> She's going to go ahead and be She's not even here. She's going to get transported to um Plantation Key um jail, okay? >> Can I talk to her? >> Um she's already on her way that way. Um her She has multiple items here. Um I don't want none of the items to get misplaced. That's why I'm I'd rather call you than the tow company, okay? >> Where you at? >> I'm at Venetian Shores. >> Venetian Shores. Can you Can you Can you come with me to Venetian Shores and take my truck back? I got to get my sister's car. She's getting a DUI. >> How how far are you from here? >> I'm I'm literally at uh Tavern. >> All right, no problem. I'll I'll meet you. All right. >> You booked Europe, too? I have a question. I'm supposed to fly to Paris in 3 days, and I still fly? >> Yes, ma'am. You have a passport, right? >> No, I know. I just didn't know with all this going on and my lawyer is in Orlando. >> Yes, ma'am. You'll be able to go. >> The only reason you guys pulled me over is cuz my current employer employer called to correct. >> No, we pulled you over because you're you had the obstructed tag. >> I had what? >> Obstructed tag. >> Obstructed tag? >> Yes, ma'am. >> What does that mean? >> Okay. So, obviously, you just bought that car, correct? >> 2 years ago. >> Okay. So, you know that that border that you got from >> Genesis? >> Mhm. >> Okay. >> Okay, you can't have that. >> What do you mean? >> So, we have got to be able to read my my Florida, and then state of Florida at the bottom. >> Okay, well, >> Sunshine State. >> Well, you know what? You guys have pulled me over 15 times in Islamorada, and nobody's >> I've never pulled you over before. >> Yeah, I think you have, actually. I know the other the one that I was giving everything, he definitely has. He actually gave me a sobriety test once and let me go cuz somebody said something. But, you only pulled me over because >> Well, you were also called out as a reckless driver. >> From my employer. Got it. Just wanted to know. >> Okay. >> Just getting all the facts before I turn around too. >> Yes, ma'am. >> Pretty sure you guys were waiting on me. But, that's okay. >> Well, ma'am, I can't say anything about that. Well, we were waiting cuz the bridge went up. And the reckless driver call came out. So. >> But, then you said it was cuz of the reckless driver and because of my tag? >> Both. >> Okay. >> Okay. >> Just wanted to make sure, sir. >> Here, you know what? Let's do this. I'll put the cuffs back behind you, okay? >> Are you Are you going to move me? >> I can't put you in the back of my car with your >> to move me again? >> I can't put you in the back of my car with your cuffs in the front. >> Oh, you're fine. You have to move me again? >> I'm taking you to the jail now. >> Isn't this jail? >> Hm? >> Isn't this jail? >> No, ma'am. This is the courthouse. >> The driver raised a suggesting selective targeting under Andy United States 517 US 806 1996, the Supreme Court held that as long as a lawful traffic violation exists, and officers as long as a lawful traffic motivation for the stop two objective violations existed, the stop holds. The driver was charged with DUI under Florida 93. She was sentenced to 12 months of probation, 50 hours of community service, a 6-month driver's license suspension, and mandatory completion of DUI school. The sentence reflects a standard first offense DUI disposition under Florida law. The deputy receives a B+. The stop was legally grounded. The implied consent advisement was properly delivered, and the use of force remained well within acceptable parameters throughout. The one deduction comes from the failure to formally document the driver's claimed physical disability on camera before proceeding with the balance dependent tests. The driver receives a B-. She was cooperative, attempted every test statements built not prosecutions case forms. She admitted consumption, correct her own timeline mid-conversation, provided detail the Fifth Amendment gave her no obligation to share. Cooperation and self-incrimination are not the same thing. Every interaction like this one carries lessons, not just for the people directly involved, but for anyone who might find themselves in a similar situation on the side of the road. Here are five that stand out from this stop. Lesson one, a dealer frame that covers your state name is a valid traffic stop. Florida statute section 316.605 is not a technicality. It is an enforcement tool, and officers use it. Check your plate before an officer does it for you. Lesson two, you are not required to explain your evening to a police officer. Under the Fifth Amendment to the US Constitution, you have the right to remain silent should you encounter a traffic stop beyond providing your license, registration, and proof of insurance. Volunteering a detailed personal narrative is a choice, not a requirement. Lesson three, a physical condition that affects your balance and make sure it is captured on camera. NHTSA protocols require officers to document physical limitations before administering balance-based tests. If it is not on record, it cannot protect you in court. Lesson four, field sobriety tests are voluntary in Florida. Under Florida Statute Section 316.1932, you may decline FSTs without the same statutory as refusing a breath test. Understanding what you are consenting to before you consent to it is your legal right. Lesson five, implied is not optional once you are arrested. Florida Statute Section 316.1932 makes clear that operating a vehicle in this state means you have already agreed to lawful chemical testing. Refusal after arrest does not erase the investigation, it adds to it. The law does not grade on effort or intention. It grades on what you said, what you signed, and what the camera recorded. This driver was polite, she was cooperative, and she still left in handcuffs because the law applies the same way regardless of how the night was supposed to go. 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