Stop. Are you kidding me? Stop. >> Stop. I won't do it. What? >> Put your arms back. >> And I said there's more exercises than your eyes. >> On February 16, 2025, a traffic stop in Lake City, Florida, exposed a gap most drivers never consider. what a medical claim actually excuses under DUI law and what it does not. >> How's it going? >> Good. >> Ray, my name's Officer Hansen. Is there a reason you're driving way over the posted speed limit? >> I honestly have no idea where I'm at. >> So, you're drunk? >> No, no, no. I'm not at all. I'm I live in Tampa. >> Okay. So, the speed limit back there is 45. I was doing 80 and I wasn't even catching up to you. You were gone. >> Oh, really? >> Yes. So, right now I'm going to ask you to step out of the vehicle. >> Do you have a driver's license, registration, and proof of insurance? >> Yes. >> And you clearly smell of alcohol. Driver's license, registration, proof insurance. Thought we had a 1031 going on. Calked her 50. I flipped around and all of a sudden she's bolted. Yeah, I've asked you for your registration, proof of insurance. >> How did How did I >> Cuz when I turned around, you weren't doing You were doing 50 mph when I turned around and then you were gone. Straight up just gone. >> Well, I honestly I don't live here. I live in Tampa, so I don't know where my >> And you're still in your speech. You smell of alcohol. Step out of the vehicle, ma'am. I'm not going to ask you again. You're going to step out of the vehicle or I'm going to take you out of this vehicle. Walk back to the car. >> What's going on? >> What are you guys doing? You guys are driving way over the speed limit. >> I'm not driving. >> I know you're not. What's that in your hand? >> For bottles of lotion, I guess I got out here. Oh, >> I've asked for the registration proof for insurance like three times. >> Okay. >> 77. I got two county. >> So, where are you guys heading to? >> I'm heading to my parents house in off of Alligator Lake. >> Where y'all coming from? Alligator Lake is way over there. I know, but I I just had coral transplant in my eye, so it's really hard for me to see through this left eye. So, like >> So, that doesn't If you can't drive at night, you shouldn't be driving at night. >> I'm happy to send a letter to the DMV to take away your license. >> If you can't drive at night, you should not be driving. >> I know, but I I can't I can't help my situation. >> So, you smell of alcohol. Straight up. Just going to be blunt. >> I was at a bar with Well, I can tell. >> I can absolutely tell. >> I initially clocked you at 50 mph. >> And when I turned around, you were gone. >> I have no idea. >> My car was recording and I was doing 80 mph trying to catch. >> I'm sorry because I have no idea. I >> So, it doesn't matter at this point. So, now I'm going to ask you to do exercises. >> Okay. I I can't do whatever you're going to pull out with your flashlight. I can't do that with my eye. I can't. What up? >> I just had a corneal transplant. Like, what do you not understand? >> So, are you refusing to There's more than just the eye. >> No, there's not. You cannot do that. >> You can just go to jail. >> No, no, no. I'M NOT GOING TO JAIL. STOP. I'M NOT GOING TO JAIL. STOP. STOP. >> THE STOP itself was clean. Florida statute section 316183 prohibits driving 80 mph in a 45 zone. Officer Hansen had documented probable cause the moment the radar registered. His authority to order the driver out is settled. Pennsylvania versus Mims 1977 held that officers may order any driver from a lawfully stopped vehicle as a matter of course. No further justification required. The legal conflict centers on Amber's claim that a recent cornea transplant prevented her from performing field sobriety testing. That claim had partial medical validity. The word partial is doing significant legal work here. The NHTSA field sobriety battery has three components. The horizontal gaze nestagmus test, the walk and turn, and the one leg stand. A cornea transplant may contraindicate the HGN test. It does not contraindicate the remaining two. Officer Hansen stated this correctly and repeatedly. Under Florida statute section 316 193, DUI requires impairment of normal faculties. Refusing all alternative testing is legally consequential regardless of the MEDICAL REASON OFFERED. STOP. ARE you >> stopmber? >> I just like my eyes. >> And I said there's more exercises than your eyes and you said no. Clearly. >> No, I won't. >> Don't move your eyes. >> I won't do it. I will do whatever you want. >> Hey, Amber, just calm down. Just relax for a second. >> Relax. >> Right now, you're in this position because you want to be. >> No, I don't. I won't. I I won't cooperate. I'm just saying I can't do anything with my eyes. >> And I said there's more. >> And I said there's more exercises. >> Okay. And I will do them. >> But you just told me no. >> No, I said I will do them. >> You just told me no. >> No, I said I can. No, I cannot do anything with flashlight. I said >> stop. >> Tell me your situation. >> What's my situation? >> This is ridiculous. This is ridiculous. >> Because she's resisting. >> I'M NOT RESISTING. I'M NOT RESISTING. I SAID I CANNOT DO ANYTHING WITH MY EYES IN A FLASHLIGHT. >> I JUST HAD A CORDIAL TRANSPLANT. LIKE, ARE YOU OUT OF your mind? And ma'am, you said that and I said, "Okay, >> ma'am." AND I SAID, "I WOULD I WOULD SAY I WOULD DO EVERYTHING." I WOULD I WOULD DO EVERYTHING. >> I SAID I WOULD DO IT AND now you slam into my car. >> Well, we tried to put you in HANDCUFFS OUT HERE. >> WHY? >> AND YOU DIDN'T. Because you said no. >> NO. I said I will do everything I will, but I cannot do anything with flashlights to my eyeballs. And I said there's more exercises to do. >> OKAY. AND I SAID I WOULD DO IT AND NOW NO, NO, NO. I said I would do it. And now you're having hiccups. Please take me out. >> No. >> No. You need to calm down. >> So [ __ ] bizarre. So, >> let's look at me, man. >> I mean, I don't do anything. Like, why? >> So, calm down and take a deep breath. All right. >> Okay. But like, I'm just telling you I can't do anything with flashlight. You explained that to me and I said, "Okay, I would do that." >> Hold on. I said there's more exercise. >> And I said, "I would do that." >> No. You said no. >> No. I said I would do that. I would say no. No. I said no to flashlights to my eyeballs because it is going to hurt my eyeballs. >> Okay. And I understand deterioration. >> So, at this time, I'm requesting a voluntary breast sample. >> I'm requesting a breast sample. If I need, I'll read you and consent. It's 100% up to you, man. I'm talking to you. If you don't want to talk to me, you're just going to go to jail, get charged with a DUI refusal if you don't want to talk. Are you going to talk? >> You already? >> No, not yet. >> Yeah. No, I mean, I'm saying guys So, this is the way he does. >> So, I'm trying to really ask me anything because I mean, guess what? car. >> I just asked you, >> are you going to do any damage to my car? >> No damage to your car. I just asked you, will you give a voluntary breath sample? >> It's yes or no. It's 100% up to you. >> Why? When you guys are just being straight >> I didn't come here to take you to jail. That's not >> Yeah, pretty much you did. That's not at all why I came. >> All I want to do is go back to my house. That is not even >> Can I explain something to you? >> What? >> So he's already doing 80 something. >> I have no idea. >> I'm not from around here. >> You doing 80 something in the 45. Okay. So that's the first issue. Okay. You are storing your words. Your your eyes are bloodshot. >> How do you know my eyes are bloodshot? I have I have one contact in my eye and one contact not in my eye. >> Are you going to finish? >> No, you cannot say that my eyes are bloodshot because >> let me read a reply and say quick >> and I'm not going to tell >> and he's also he's going to resist you but he's asking for a breath sample so we can perform. >> So listen to him. You got to look at me, ma'am. >> No, I'm good. >> No. So, you're going to look at me while I do this. >> No, >> absolutely. >> Or you'll have a resisting charge on top of a DUI. >> Okay. >> You want to keep tracking them? >> Go on, B over here and go on whatever you feel is needed. I'm now requesting that you submit to a lawful test of your breath or breath for the purpose of determining its alcohol content and or the presence of chemical or controlled substances. I'm requesting you submit to a test of breath. Will you take this test? >> Yes or no? >> Florida statute section 3161932. The implied consent law governs chemical testing. By accepting a Florida driver's license, every driver has already consented by statute to approved sobriety testing upon a lawful request. Refusal carries mandatory consequences. A first refusal triggers a one-year administrative suspension. A second adds 18 months and an independent misdemeanor charge. Officer Hansen read this warning verbatim on camera, satisfying the statutory requirement. Amber's initial response was a flat refusal. Her later conditional offer contingent on being released from handcuffs is not a valid retraction under Florida law. The first response to the implied consent warning controls. That is the law, not the second response. The physical restraint is evaluated under Graham versus Connor, 1989. Force is judged from the perspective of a reasonable officer at the moment of decision, not in hindsight. At that moment, a DU, I suspect, was actively pulling away from handcuffing. Soft physical control, meaning placement against the vehicle and application of restraints was proportionate under that standard. No strikes, no taser, no impact weapons, force matched resistance. That is what Graham versus Connor requires the analysis to examine. That resistance produced the second charge. Florida statute section 843.02 resisting without violence is a secondderee misdemeanor. Tensing and pulling away from handcuff application is legally sufficient. No strike against an officer is required. >> No. >> Okay. If you refuse to take the test I have requested of you, your driving privilege will be suspended for a period of 1 year for a first refusal or 18 months. If your driving privilege has been previously suspended for refusing to submit to a lawful test your breath, urine or blood. Additionally, if you refuse to take the test I requested of you and if your driving privilege has been previously suspended for refusal to submit to a lawful test your breath, urine or blood, you will be committing >> admission in addition to another penalties which can be imposed. >> Do you understand what I've just read to you? >> Yes, I do. >> Do you still refuse to submit to the test? >> Can you undo this and I'll do a breathalyzer? >> Do you still refuse to submit to the test? Yes or no? No, I'll do one. But will you >> The breathalyzer is at the jail? >> At the jail? >> Yes. We don't have breathalyzers in our car. >> Can you just please let me go home? >> No, you're drunk. You're I'm not letting you drive drunk. >> So, I'll take an >> You said you're going to Alligator Lake, which is real. You're in Lake City. We don't have Ubers hardly ever. >> No, you do. >> I I guarantee you you do. >> You may find one, but not many. >> So, you said yes. No. >> Do you guys mind transporting? >> I'm telling you to stay right here. >> Do you guys mind transporting? I got the kilos. >> Yeah, that's fine. >> What's his name? >> I'll talk to you. >> Okay. >> All right. Let's walk over here real quick. >> So, He is perfectly calm. He understands the error of what he did and why he's been handed at this point. >> Um if you want to talk to him before he made the decision on what you want to do with him. >> I don't I really don't want to say no. And he I told him, you know, she's being we can't have our attention. He goes, "No, absolutely. I'm sorry." Is he in my car? >> Like it's all recorded. >> What is wrong with you? >> That hurt. >> Hey, stop pulling women in. >> Ow. You do that. You don't do that. That was all you. >> You're just really drunk. >> I'm not drunk. Hey man, what's your name? Braden. >> What do you do? >> What do I do? >> I'm a superintendent for Grover Construction. >> So, you understand your actions tonight, right? I can absolutely 100% take you to jail for resisting charge, >> which is a second degree misdemeanor. >> You understand? I had the legal right to detain her because she refused to do field sobriety, which in the state of Florida, it's on your driver's license. If you refuse, it's an automatic you. >> Yes, sir. Good night. >> You understand that, right? >> I do. >> You understand? I told you to get back in the car and I never told you to get out of the car. >> You understand that? >> Yes, sir. >> Do you have someone that can call him You can call to come pick you up? >> No, but I can get an Uber or something in this area. >> I'm going to use my best judgment and not take you to jail tonight cuz I really don't think you nor your career needs that. Right. >> Yes, sir. >> I'm not trying to ham me up. But she is absolutely intoxicated beyond all belief. And she fought with the officer back there. Again, just so you know, this entire conversation, everything from my car to my camera, it's been on the entire time. >> I understand. >> She was flying way, way too fast for this town. We just had an 8-year-old girl get right over where you guys were driving. >> I understand 100%. I mean, >> so you understand where we're coming from now, right? >> Of course. I'm not sitting here trying to hem me up. And I'm not sitting here trying to hem her up. I was willing to work with her to do field sobriety because if she says she she claims she only had one beer. If that's the case, you know what? We can figure out a ride, but then she wanted to fight back. She tensed up. She refused to go into handcuffs as you saw. So, yes, she was put up against her car to restrain her. Well, I'm not sitting here to be this jerk of a cop. As you can tell, I am going to I'm not going to take you to jail. I'm going to give you the benefit of the doubt today that hopefully this teaches you that I had the legal right to take you to jail and I still didn't. >> Yes, sir. >> All right. So, step out. >> You need >> Yeah. >> How about I'll get out here. >> Where's your your license and your wallet, buddy? >> All right. Listen. So, she's going to have several charges, but because of the DUI, she ain't going to be able to get out for at least 8 hours. All right. >> What's the several? She don't have a resistance charge as well. >> So, it's a DUI refusal. And if there's anything >> getting her out, what do I need to do? What's the step? >> She can't get out till she sees the judge. >> So, see the judge and it'll be 8 hours after she gets booked before she can be bonded out because of DUI. >> Yes. She just set her bond at 9:00 a.m. And then >> here in this county about 4 miles straight up that road. >> What county are we in? >> Columbia. >> Are you from here? >> I'm from Hillsboro County. Okay. >> So, um she's going to have to sit for 8 hours. So, >> um and then the judge will set her bond and then you can call bombs or whatever you guys got to do to get her out. Um if you >> Well, is it going to be like 25 hours? >> It depends on what the judge says. The judge is going to review his report and then they'll set the bond out. >> So I can like show up to the jail and x amount hours 8 hours you can call the jail and they'll tell you what the bond is in the morning and then at 8 hours from the time she gets booked. So I'd say >> most likely she's going to the jail now >> 9:30. I should be there at 8. >> Yeah, that's fine. She won't see the judge until 9:00. So 9 9:30 she should be able to get out. Um but they'll be able to pay what the bond is. He's going to need to get your license real quick just to add to their call. It's in your wallet in the car. You want me to go up to the car? >> The grades. Officer Hansen receives a B+. The stop was legally grounded. The implied consent reading was correct and his deescalation was genuine and repeated. He offered alternative testing. Extended dialogue before arrest and stated his legal basis clearly on camera. One deduction. Asking the driver if she was drunk rather than whether she had consumed alcohol is a leading question. A neutral inquiry produces a cleaner evidentiary record. Minor refinement at the margins, but it matters when a case reaches a courtroom. Amber receives a C plus. Her HGN exemption had genuine medical basis. The problem is she converted a narrow defensible request into a blanket refusal of all testing and made voluntary incriminating admissions without once invoking her right to remain silent. Under Burkimer versus McCarti, 1984, a routine traffic stop does not constitute custody. Miranda warnings are not required before roadside questioning. Everything Amber volunteered, including confirming she had been at a bar, was fully admissible. Passenger Braden receives an A minus. Exiting the vehicle without direction, was an unlawful order violation that could have supported an obstruction charge. He recognized the error, corrected immediately, and gave officer Hansen clear grounds to exercise discretion in his favor. The department receives a B implied consent procedure was executed correctly. The mandatory DUI hold pending judicial review was properly applied. The gap is body camera activation before the initial vehicle contact which left the early approach unrecorded. Five lessons come out of this encounter. Each one directly applicable to any driver in any implied consent state. Not legal theory but the specific decisions that determine how a stop like this resolves. Lesson one. A medical condition exempts only the tests it directly affects. A cornea surgery removes the HGN, the walk and turn and one leg stand remain available. Treating a partial exemption as a total refusal is a legal error with real consequences. Lesson two, what you volunteer on the roadside is admissible. Burkimer versus McCarti confirms you are not in custody during a traffic stop. Your voluntary statements carry no fifth amendment protection. They belong to the record the moment you say them. Lesson three, a conditional breathalyzer offer is not a retraction of refusal. Under Florida Statute Section 3161 932, the law captures your first response. Once that answer is no, the administrative suspension has already been triggered. Lesson four. If an officer tells you to stay in the vehicle, stay in the vehicle. Exiting without direction is a lawful order violation. Braden corrected himself in time. Not every encounter allows that correction before a second charge is added. Lesson five. Officer discretion is real and your conduct shapes it. Officer Hansen had authority to arrest Braden and chose not to based on how Braden responded. How you carry yourself during a stop is not irrelevant. It is a variable the officer reads in real time. Amber was charged with DUI and resisting arrest without violence and sentenced to a pre-trial diversion program. No formal conviction, but real conditions attached. If this breakdown was useful, like the video and subscribe to our channel for more legal analysis.