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You are not cuffing me. >> Yeah, I am. Relax. >> No, don't do it. >> God, please not. I'm not fighting. Can you >> No, >> dude. Give me a >> Give me your arm. >> Why? >> Because you're going TO JAIL FOR DUI. >> WHY? >> GIVE ME R. >> I will get in the >> Get ON THE GROUND NOW. GET ON THE GROUND. >> WHAT THE YOU GOING to do? [screaming] Okay. [ __ ] Get on the ground. >> I'm out. I'm down. I'm down. >> On November 13, 2022 in Florida, a Sunday traffic stop produced a DUI arrest, a taser deployment, and three criminal charges, all with two young children in the back seat. >> How's it going, Sergeant Mosker of the sheriff's office? >> You know why I stopped you? >> No, I don't. >> All right. You literally pulled right out in front of everybody and almost caused a crash. Well, I apologize. >> Okay. Can I see your registration insurance, please? >> Um, it's not my car at this time. >> What? >> This is not my car. >> It's his girlfriend. >> Okay. Can you look in the glove box? Can I one traffic 10? want me for one call real quick. >> What's that? >> I can make a call real quick and then find out whether we're working. >> Hi Go ahead. It's fine. >> All right. So, if you can just run my uh my license plate and >> Daddy. >> Yes. >> Okay. So, did you say you can make a call real quick and find out where it's at? >> Yeah, for sure. >> All we're doing is going around to Walmart. >> Okay. What? >> Yes. >> Hey, hun. Where do you keep your registration? >> Yep. >> Why? >> I pulled out in front of somebody that I should not. >> Okay. First, >> you're on speaker. You're on speaker. Can you just tell me where to assess this? >> It should be in the car. >> Where? >> In the golf department where everybody puts their registration. You can hold on to confirmation. We probably want that. Sorry, sir. I was just going right down the road. >> No problem. Is that mom? >> Um, >> is that the kid's mom? >> Yes. >> Can you have her come here cuz your license? I know you don't know this, but your license is suspended. So, I'm gonna need mom to come pick up me back and I >> I can't let you drive. No, you're suspended. So, she's going to need to come here. >> I'm going to have to call. >> Yeah, I know. And um I'm literally right down the road. I have gotten past I just did a U-turn. So, is that Longley? >> Long right front of you. >> Yep. So, all you have to do is walk down the road. >> Why? >> I don't know. >> Might be an insurance issue cuz I lost my car. >> All right. >> We'll see you coming because staying right in front of the road. >> All right. Love you. >> Love you. Bye. >> All right. Can you do me a favor? Can you turn the car off real quick? Can you turn it off? >> Is it off? You mind stepping out for me real quick? >> Sir, can I ask you why? >> Huh? Cuz I need to talk to you away from your children. That's why. >> What's that? >> Cuz I'm telling you to get out of the car. You don't have a choice at this point. >> All right. Fine. coming. If you're wanting to record, my dash cam's recording and so is my body camera. >> Doesn't matter. All right. Still want it for myself. >> Okay. Step out of the car for me. >> I am going. I'm going. I do. It's nothing about you. on top. >> That's fine. >> All right. >> What's going on? >> Everything's fine. Just have a seat on the back bumper, sir. Everything's fine. Okay. Mom's going to be here in just one minute. I'm just going to talk to daddy. Okay. >> Are you going to hurt him? >> No, I'm not going to hurt him. Absolutely not. All right. So, the reason I stopped you, turn around, face me, man. You're fine. Relax. Relax. The reason I stopped you, when you came off of Chamberlain back there, you almost caused a crash. >> I didn't mean to. >> I I understand you didn't mean to. All right. So, while I'm talking to you, I can smell the odor of an alcoholic beverage. All right. Yeah. Coming from the car. >> I'm only going down the road and I did have an alcoholic beverage, but I am definitely good to drive. >> Okay. >> When it comes to a breathalyzer, I'm good to drive. Okay. It's just >> Do you have anything on you? >> Nothing. >> Okay. All right. I just saw you holding your waistband. Just make sure you have >> No. No. All right. That's >> So, what I'm going to What I'm going to ask you to do, would you mind performing any field sobriety exercises and make sure you're okay to drive? >> No. Uh, she's going to go pick me up, then it shouldn't be a problem. >> Okay. I'm asking you I'm asking you if you will submit to a series of failed sobriety exercises to make sure you're okay. >> Yeah. No, for sure. I mean, I would do a field sobriety test, but now that you have her coming, she's going to be coming from that road. And now she has to walk here. So, um I'm not going to do a field surprise exercise. I will sit on the side. I got seats for the other kids and then she will do a field surprise exercise instead of me. >> No, I want you to, not her. >> Why? >> Cuz you're the one driving right now. >> All right. Well, now I'm not. >> Okay. So, you're you're refusing soiety. >> No. Let's go. Let's go. >> Okay. All right. Just hold on one second. Okay. >> Do you really need to bring any more people here? >> What's that? They're down there working a detail. That's a FEMA detail. >> I didn't know anything about that. So, literally, I just left my house. Pulled a U-turn. Just go to get >> those cops are there. That's FHP. They're down there for a FEMA detail. >> All right. >> They're not here for you. >> Okay. Well, like I said, I just Are you waiting for another person? Cuz I am. >> I'm kind of waiting just the only reason that I went to go do what I'm doing cuz I've never But um I need to go get my kids toys cuz I'm going through a divorce. So, it's it is what it is. >> Okay. All right. Let me talk to him real quick. Just stay right where you're at. All right. >> I'll stay underneath. >> He literally pulled out in front of me and two other cars. We had to stop abruptly to avoid a collision. You can tell he's lethargic. He's sluring his words. I can smell as I walked up to the car. He's suspended and he's got a warrant out of Sarasota. >> Oh, boy. Okay. >> And he's got two kids in the car. >> Oh, nice. >> I asked him if he would submit to a standardized field to ride exercises. He said he would. And now you showed up. >> Okay. >> Good to go. >> Yeah. >> All right. Get your sheet and we'll uh we'll go through it. >> Mom's on her way walking here. >> Hey, be careful. >> Careful. >> Just stay there. >> Is this your wife that you're going through a divorce with? >> Girlfriend? going through it. See? >> All right. >> Go, go, go, go, go, go, go. >> Where are the kids moms at? >> I believe in you. >> All right. Come back this way. >> Away from him. >> I wanted to talk to you. You're okay. >> Okay. >> All right. So, he didn't have a license. >> I didn't know that. >> He didn't know. That's >> um But >> why is he handcuffed? >> He's not handcuffed. >> Oh, it looked like he's not handcuffed. Are you any relation to to the children? >> Are you their mother or stepmother? >> Stepmother. You guys aren't married though, right? >> Okay. So, you're no relation then. >> I don't answer any question. >> Stay in the car, sweetheart. >> They're the real mother knows that there are cats. >> All right. Where's real mom live? >> Off Chamberlain. >> Off Chamberlain. Okay. Do you have her phone number? >> No. >> No. He does though. Yeah. >> Yeah. We just hired him for the weekend. >> Okay. >> Well, what I'm going to have you do, just sit in the driver's seat for now with the kids while we talk to him. >> Okay. >> Okay. >> All right. >> Everything's okay. >> What do you need proof of my license? >> No, just have a seat in the car and we'll be right with you. >> Okay. >> All right. Light it. Come over here. You don't feel smart. Not >> pro, but >> this deputy needs to talk to you. Okay. >> Hey, how's it going, deputy? The sheriff's office. >> Yes. >> Um, so speaking with Sergeant Muskro said he wanted to submit to some field sobriety. >> For sure if you want. >> Okay. So, with that being said, um, can you take your glasses off for me? >> Perfect. You know those for me? >> I'll give them to you. >> Take them back. >> Set this way a little bit. We're just going to go right about where the front of my car is. Just right here is good. Yeah, right there. All right. Do you have any um health concerns? Any um no irregularities with your eyes, balance, any mental status or anything like that? Okay. >> Um are you currently under the care of a doctor? Nope. >> Okay. Um a dentist, anything like that? >> Okay. Do you have suffering from diabetes or Okay. Very well. >> Um, do you work? >> Yeah. >> What do you do for work? >> A lot. I do subconscious. >> Oh, okay. >> Oh, you're busy up on your feet a lot. >> Oh, >> okay. Very good. I just want to know I just want to make sure you were >> Yeah, there's no problem. >> No injuries or anything like that? >> Nope. >> I mean, I got tons of injuries right now. I >> I will tell you right now, I did pull uh but this leg. So, if you ask me to lean on this leg, I'm not going to be able. >> Okay. And no, that's fine. Like I said, I just >> just the leg. That's it. >> Just that one leg. >> Yeah, just the one leg. >> Okay. Very good. All right. Just checking. All right. So, I'm going to just go through these um exercises with you. Um I'm going to explain them to you, ask if you understand, >> and then we'll go from there. Okay. >> So, I'm going to check your eyes. You took your glasses off. Great. Just keep your head still. And what I want you to do is just follow my stimulus, my pen right here. We're going be referring to this tip. Okay. If you would while while you do this, I want you to stand with your feet together and your arms down by your sides like this. >> Yep. Just like that. >> All right. So, we're going to begin. And like I said, just follow this tip with your eyes and your eyes only. Okay. Way behind me. Okay, you can go ahead and relax. [snorts] >> All right. So, this next exercise is going to be called the walk and turn. All right. >> Walk and turn. >> Yep. almost like be a model like that. >> Not quite. Not quite like that. Okay. >> All right. >> Um, so this road, we'll use this road. Um, it doesn't have to be exact, but say this road's pretty flat, even. There's no like bumps or anything. We're on a good sidewalk to use. So, I don't want you to trip, right? >> Would you say good? >> I'll stand on the outside line. It makes it easy for you. >> Yeah. No, no, no. I don't want you to stand on that. That's all that's all uneven and stuff there. Okay. I'm sure it doesn't. >> All right. So, very well. Um, we're just gonna picture a a straight line right here in the middle of this in the middle of this sidewalk. >> Toe to toe. >> Yeah, I'm I'm gonna explain it to you real quick. But yeah, you got the right idea. So, the instructions are going to go sound like this. Place your foot on the line. Um, so we'll picture this lines like right like I said, about in the middle. >> Can we start here? >> Yep. You start Yep. Place your foot on the middle line. That's fine. Um, just like how I have it. Place your right foot on the line in front of your left foot. So, it's going to be your right. Very well. Good. Just like that. Okay. Uh, you make sure your right heel is touching your left. So, your left foot. Yep. Just like that. >> Sorry. Got to get used to it. >> Yep. Go ahead. >> So, right toe, front, left toe. How far do I got to go? >> No, I didn't say go yet. Just hang out and listen real quick. >> You know, I can't do this. So, >> I got you. >> Got all this wind behind me. >> Oh. What are you doing right now? >> He wants you to stand in one place right there. >> Stay there. We're not We're not starting your right foot in front of your left foot. Heel to toe. >> All right. Keep your arms down by your sides for me. Okay. >> Just down here. Just like this is fine. Okay. All right. So, maintain this position until I've completed instructions. You excuse me. Instructions. Do not start until told to do so. Do you understand that? >> Cool. >> All right. Very good. You understand the instructions so far? Everything's something. Okay. Very good. Make sure you put your That foot's got to be behind the other one. You're like, >> "That's for you." >> No, no, no. >> No. Maintain that position. Yep. With that foot behind there, touching your heel right here. >> Yep. Very good. Just like that. Stay just like that. Okay. All right. When I tell you to, you're going to take nine. Whoa. Either take nine heel to toe steps on the line. >> Nine heel toe steps. >> Yeah. When I tell you to. And then you're going to turn and take nine heel to toe steps back. I'm going to demonstrate for you. Okay. >> Forward and then back. >> Yeah. Watch. Just watch me for a second. All right. >> I got you. >> So you got your your right foot is in front of your left. You're going to take nine kill each other steps. I'm not going to take nine just for the demonstration. >> Just give me three. >> Well, you just pay attention here. Okay. It's gonna look like this. Ready? >> Okay. >> Two. >> I know. >> Three. Okay. Okay, when you get to your ninth step, you're going to take little steps with your your right foot and you're going to turn. That's when you turn just like this, like you're on a wheel. >> And then you're going to turn. I got you. >> I'll do a full turn. >> And then you're going to do nine steps. Okay. Again. >> So, nine steps forward, nine steps back, but military turn. >> Yeah. Make sure you keep that foot planted. All right. Hold on. Then tell you to go. Hang on. >> Okay. >> When you turn, keep your foot on the line like I was explaining and turn taking a series of small steps. While walking, keep your arms at your sides. Watch your feet at all times and count your steps out loud. So each step >> do that, but it would make it more comfortable if I hold it like this, like at ease. >> Yeah. Well, that's position. I said, okay. >> Yeah. It's not about the comfortability. It's the part of the test. All right. >> All right. >> Hold on one second. All right. Once you start walking, do not stop until you have completed the exercise. Do you understand the instructions so far? Yes, sir. >> All right. Go ahead and just get in that position with that foot behind the other one. All righty. Are you ready? >> Yeah. Are you ready to begin? >> Yep. Let's go. >> Okay. >> Get it over with. Nine. >> Yep. All right. Go ahead and begin. 99 steps. Feel the toe. Arms raised. >> Yeah. >> Um he I didn't count each. >> Nine and eight. >> Nine and eight. That's what I thought on the last one was okay. >> Can't really knock for stepping off. >> Yeah, there's right on the last one. >> Yeah. >> Began too soon. Yeah. Multiple times. Swayed while standing. Losing balance. missed every single one. Didn't stay in position the way he told him to. Didn't count that loud. Mom's on the way to pick up the kids. Okay, there we go. Continue on. The next exercise, it's going to be the one leg stand. So again, I'm going to explain it. Just listen to me. I'll demonstrate it and then I'll ask you when you're ready and then you'll begin. Okay. >> All right. So, you're going to stand with your heels together, your arms at your sides, just like this, like you mentioned, the position of attention military, right? Okay. Do not start the exercise until I tell you to do so. You understand that so far? >> Yes, sir. >> Okay, very good. When I tell you to start, raise one leg, either leg, approximately 6 in off the ground. Keeping your raised foot pointed up, keep both legs straight with your arms at your sides. >> You know how dumb this is. >> Again, I'm not I'm not the one that made it. >> I'm not doing it. >> All right. Well, holding that position, count out loud. 1,00 1 1,002 1,003 and so on until told to until told to stop. So it's going to look like this. I'm going to demonstrate. Right. >> So I just keep counting until you tell me to stop. >> That's correct. All right. So you're going to be standing here. >> You're going to bring this foot up approximately 6 in pointed up. This 1,001 1,002 1,003 1,004 so on until you're told to stop. >> Okay. Very good. If you put uh keep your arms at your sides, watch the raised foot at all times. If you put your foot down, pick your foot back up and continue to count from where you left off. >> I'm just going to keep counting until you tell me to stop. >> Yeah. From where you left off, you're just going to go back and try it again. Pick your foot back up. >> Hold on, honey. >> I'll be there in a minute. >> Which um which foot would you like to raise? You said you had one that hurts. >> Doesn't matter. >> Doesn't matter. Okay. Which one are you going to use? My left leg is the one that's >> So I would appreciate if we did the right leg. >> You're going to stand on the right leg. Okay. Hold on one second time. >> If you want to go ahead and do the left leg now. I mean it's going to suck. >> No. I want you to do whichever one's comfortable for you. All right. >> Hold on. Just give me one second. >> Big old T for. >> You're going to raise your right foot or you're going to raise your left. >> Right. >> You're going to raise your right foot. Okay. >> The stop was legally valid. is a clear violation of traffic floor 3 once tweets that status the fourth amends reasonable suspicion standards 2S19683 the order to exit the vehicle is settled law Pennsylvania versus more 34 USO6 1977 held that an officer conducting a lawful stop may order the driver out of the car no additional justification required the driver volunteered that he had been drinking before the officer asked under Burkimer vsardi US420 1984 a roadside stop is not cockas custodial interrogation. Miranda did not apply. That statement is fully admissible. Coupled with slurred speech, lethargic behaviors, probable cause for DUI under Florida statute 193 was established. Section 316 does not require a breath test. Observable impairment of normal faculties is sufficient. >> And I got to point the toe farther. >> Yep. You got to point your toe. You got to raise your foot 6 in off the ground. Point your toe to the side. >> And you got to look down at your foot just like this >> and count out loud. 1 100021. But not yet. He didn't tell you to begin yet. >> All right. Are you ready? >> Give me a second. I'm getting my balance there. You know, this is something normal people do. All right. 1,00 1,002 1,003 100, 104 100, 105 100, 106,0008 100, 109,10,1,2,345 2016, 2020 1,020. Sorry. Oh. Oh, no. Let me >> Yeah. Go ahead and stop. No, we're good. Go ahead and stop. >> Sorry. >> 23. >> All right. Hold on. One foot. >> The reason my legs messed up is I was coaching kind of football. >> I got you. >> He trying to face me in a race. >> Gotcha. I know y'all's jobs are stressful. I'm trying to be as >> I got you as possible. >> We'll working through it. >> All right, we got the next exercise. It's going to be finger the nose. So, >> it's the last one. >> Yep. Last one. I'm going to I'm going to explain it to you, too. So, >> all right. So, again, stand with your heels together, arms at your side, just like you were. Perfect. I'm demonstrating it, too. Good. Do not start the exercise until told to do so. Do you understand the instructions so far? Very good. I will say right or left. You will use the index finger from the side. I told you to touch the tip of your index finger to the tip of your nose. Now, when I'm referring to >> say right, right hand. >> And when I mean the tip is this part here, not the pad, not anything else. Right before the right where the >> Yeah, the tip. Right in front of the fingernail. >> Tip to tip. Okay. Right. Um, so I'll demonstrate. It's going to look like this. Together, position of attention like we were talking about. Okay. Your head's going to be slightly back. All right. I'm not going to take my I'm not going to look off because for the sake of this demonstration, right? Just watch. >> And then I'll I'll call off an R which hand to use and I'll say, for example, right, bring your right hand off. Tip. I'm not going to tell you to return it and you're going to put it back. Okay. >> So, I have to wait until you tell me to return it. not going to tell you to return it. You're going to put it back after you touch it. You're going to return it on your own. >> Tempo. >> Okay. You understand that? >> You got to look up to the sky and you got to close your eyes. Once your eyes are closed, don't open them. Okay. >> Yep. Okay. >> So, while performing this exercise, keep your head tilted back, your eyes closed like we just talked about at all times. Again, I'm not going to tell you to return your hand. Do you understand the instruction? >> Yes, sir. >> Okay. One second. >> All right. Are you ready to begin? >> Yes, sir. >> Okay. left. >> Close your eyes. >> Okay. Right. Left. Right. >> Going to be at streetvenue. >> Going to be a black sedan on a vacant lot. Still one year to be at home. >> All right, you can go ahead and relax for just a second. >> H first. >> Yeah. Put this up. Walk back here for a second. He won't stop you over here. >> All right, boss. So, go ahead, turn around back real quick. >> The NHTSA standardized field sobriety battery produced in walk and turn and one leg stand breaking stance early starting the walk before told rains born,20 10 short of the required 1,030. Officer Stephanie declined for stepping off the line because of his disclosed leg injury. That is sound judgment. Accommodating a known limitation makes the indicator she did score more credible in court. A fair test holds up better than an aggressive one. A confirmed warrant from Sarasota County added an independent versus city of Lego Vista for 532 US 318 2001. A warrant authorizes full custodial arrest separately from any other charge. Two legal grounds existed before a single handcuff was attempted when the driver physically became Graham versus Connor. 490 US 386 1989. Force must be objectively reasonable from the perspective of a reasonable officer at the moment of the decision, not in hindsight. Graham's three-part test asks severity in whether the subject is eacted deceions. Fattis defensible under Florida daff section sea. The child neglect charge under Florida statute section injury to the children. Driving impaired with minors in the vehicle constitutes neglect by creating a substantial risk of harm. The charge is legally supportable. the ducky. >> You are not covering me. >> Yeah, I am. Relax. >> No, don't do it. >> God, please not. I'm not fighting. >> You are. >> No, >> dude. You aren't going to do this. >> Give me that arm. >> Give me your arm. >> Why? >> Because you're going TO JAIL FOR DUI. >> WHY? >> GIVE ME R. >> I will get in the back. >> GET ON THE GROUND NOW. GET ON THE GROUND. >> WHAT THE YOU GOING TO DO? OKAY. [ __ ] on the ground. >> Up down. >> GET ON THE GROUND. >> I'M DOWN. >> PUSH YOUR HANDS BEHIND YOUR BACK NOW. >> HANDS BEHIND YOUR BACK. >> OKAY. >> Roll over ON YOUR BACK. ON YOUR STOMACH. >> Stomach now. >> I'm going. >> Get back now. >> I don't know. >> Get back. Get back in the car. >> GET BACK IN THE CAR. >> GOOD. OKAY. TRACY, I don't have a record. >> Get back in the car. >> I don't understand what's wrong. >> I need a breathalyzer. Take a breathalyzer. I promise I'm not start driving. >> He's in custody. >> Please, >> guys. I got kids, man. Please. >> Yeah. And you should have cooperated. >> Okay, I am cooperating. >> Now you are. >> You're not. You're pulling away from us, doing everything. We're not telling you >> because I didn't think there was a problem. Can you get these climbs out of me? >> Yep. Hold on. >> Please. I didn't mean to fight, but you shot me with a goddamn taser. >> That's what happens. We don't follow directions. >> Okay, my bad. >> My bad. But god damn it. >> You do know this is all on video. >> It is all on video. >> Okay. Well, then you know this is going to go to court. >> That is perfectly fine. >> Oh, please. It's fine. I wasn't doing anything wrong. I was just driving down the road. >> I didn't do anything that was going to hurt anybody. Man, this is ridiculous. This is ridiculous. >> It is ridiculous. >> Can you please pull those pints out? >> That's what we're doing right now. >> Ah, God. I feel like I was being nice. The man, I ain't no coke head that you guys deal with >> regularly. God damn it. Ah, but I have a torn muscle in my left leg. Can you please >> Oh, God. Do you know how much more pain they used on me? And I did everything you asked me to do. >> No, not a single thing. As a matter of fact, >> you could have literally just asked me to say, "Hey, listen." >> No. Oh, dude. Like I said, this is all recording. I straight up did everything that you asked me to do with my hands behind my back at ease. >> All right. Ow. >> Here we go. >> Oh, god damn it. >> All right. You, man. >> All right. Roll over. >> Tasing me. Y >> up. >> Put this leg on up underneath. >> That is my broke. That's my leg. >> All right, dude. You're going to have to give me, man. There's no way that you arrest me. >> Oh, there is a way. >> Why? >> Well, for one, you got you're going to do >> All right, then. I want a breathalyzer before I go. >> And you got a warrant. >> Yeah, >> there is no warrant. I look >> Did you search yet? >> Nope. >> You got anything on me that's going to stick me, poke me, hurt me? No. >> Okay. >> You guys are jumping on way quicker than you need to. >> Honey, >> relax. >> Take the kids back to the house, please. >> No, the kids are going to mom. >> Kids can't go to mom. >> Kids are going to mom. Mom's on her way here. >> What do you mean mom's on her way here? >> Christy is on her way here to pick up the kids. >> Okay. Well, she lives right there. Can they go back to the house? >> No. >> Why? >> Because I have to release the kids to their mother. They were with me. >> Okay. But you are going to jail. So I have to release for DUI and for a warrant. All right. >> Have a seat. >> Is a warrant for >> Ow. dude. This the left hand. And then Can you like loosen that? Just like one clip. >> I can fit two fingers my fingers in there. >> One clip. Just one. Dude, it hurts. >> Okay, hold on. Relax. Just turn your wrist a little bit. >> Okay. Turn it however you want. It just >> All right. >> Just release it just a hair. >> It's It's I can fit a finger in there. It's good. It's just right over my bone. Maybe turn a little bit. I just I'm doing what I'm told. I'm doing what I'm told. >> Now you are not when we were fighting on the ground with you. >> Yeah. Well, I'm getting tased, man. You can't do what you want to be what you're being told when you're getting tased. >> Thank you, bro. >> God damn. I don't even know why the you all tased me. All I was doing was going to the grocery store. I'm sorry. I didn't know I had a warrant, man. You know, they don't tell you when you got one. >> I've been Following all my goddamn rules. >> Sergeant Moscow receives a B+. The stop is patience across 31 minutes was consistent. The deduction is is the taser deployment. Not a clear vial. Multiple officers were present and empty-hand control had not been fully exhausted. Officer Stephanie receives an A minus was precise and fair with appropriate accommodation for the driver's injury. Minor deduction for limited documented inquiry into that injury before force became necessary. The draw of honor receives a C plus with children aboard a suspended license and carried an open one. His honesty and cooperation during testing a rule, but none of that offsets physically resisting a lawful arrest. The charge that carries the heaviest consequences. The department receives a B office custody protocols were complied at custo's peers. Was caution unresolved question is whether taser deployment near minors triggers specific supervised osage. Every charge in this stop was avoidable. Here is the through line. Every party had a moment where a single different decision produces a different outcome. That is what the next five lessons are about. Lesson one, a warrant does not expire because you are unaware of it. The open warrant from Sarasota County converted a suspended license stop into a mandatory studial arrest before the first sobriety exercise was administered. Lesson two, voluntarily telling an officer drinking before being asked is not exercising the fifth amendment. It is waving it. The fifth amendment protects against compelled self-inccrimination, not freely offered statements. Lesson three, declining field sobriety section 316 arrest in Florida. Under Florida statute section 3, independent administrative penalties and when probable causes through observation alone, the arrest proceeds. Lesson four, resisting Florida statute section 84301 carries consequences far heavier than the underlying DUI. The moment you pull away from an offer making a lawful arrest, you have given the prosecution a charge they did not have to build. Lesson five, children in the vehicle are not background detail. Florida statute section 827 deal with makes aboard a separate charge child neglect with its own conviction and sentencing independent entirely. You found this analysis useful. Subscribe to our channel for more legal breakdowns of police encounters. 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