We're bring our hands to the center of our back. Hands behind your back. >> Where do you want me to face? >> There you go. Put your hands together. >> Yes, sir. >> You'll be placed under rest tonight for DUI. >> Don't be so aggressive. >> You're doing just fine, Mr. John. Just keep doing what you're doing. >> Yes, sir. I I'm I'm fine. >> Appreciate your cooperation. Doing just fine. >> Really? I'm a I'm arrested. >> Yeah, you got a DUI tonight. >> Really? >> Yeah, for real. >> Yep. >> It's a good one, too. >> Can't drink a drive by. >> You ate entirely too much tonight. On the night of January 3rd, 2022, near Englewood Beach, Florida, a routine traffic stop for speeding turned into a driving under the influence arrest that raises important questions about constitutional rights, field sobriety testing, and what citizens should and should not do when stopped by law enforcement. The initial stop was constitutionally sound from the moment it began. The officer clocked the driver at 55 mph in a posted 35 mph zone using a calibrated radar device. Under the United States Supreme Court's ruling in Warren versus United States decided in 1996, any observed traffic infraction, no matter how minor, gives an officer constitutionally sufficient probable cause to initiate a stop. The Fourth Amendment to the United States Constitution protects citizens against unreasonable searches and seizures. But the key word is unreasonable. A stop supported by an observed traffic violation is by definition reasonable. There is no Fourth Amendment violation here. The stop was lawful. The officer had radar confirmation and the subject had no legal basis to refuse the stop. >> Your call has been updated. >> Hi. >> Hey, how are you? >> Turn the car off. >> Yeah. Yeah, absolutely. >> Stop digging around. Put your hands on the steering wheel. >> Where are you coming from tonight? >> Anglewood Beach. >> Anglewood Beach. Do you know the speed limit coming off Angwood Beach? on 41. >> No, on beach road. >> 35. >> 35. How fast you think you were coming over the bit the bridge? >> I would assume 40. >> 55 on a radar. On a calibrated radar. And then I had to punch it to catch up to you here cuz you gunned it. >> Sure. Sure. >> Give me your license, your registration, your proof of insurance. >> Okay. Uh, so I just moved here uh 4 months ago. >> 4 months ago. Where from? >> Wisconsin. >> Wisconsin. >> I know. Bold, right? Cool, man. >> So, I didn't I didn't get my license registered yet. >> How long you been here? >> About about 5 and a half months. >> Okay. Well, I'll tell you what. I'm not going to give you a hard time over that, but technically in the state of Florida, you have 30 days to get it. >> Yeah. Yes, sir. I appreciate it. Here. >> Okay. So, we'll work with you. Okay. >> So, here's my uh license. >> The Florida. So, you do a Florida drive. You just have to register. You have registered a vehicle. So, I I bought my I bought this entire car. Okay. >> 2 months before I moved here. >> Got it. >> So, I didn't get my I didn't get my plates yet. Okay. And uh >> that's the credit card. I don't need that. >> Yeah. Do you want >> I'll take the Wisconsin driver's license, too? >> Oh, no. I have I have >> You have the registration or the insurance? >> Yeah. I mean, I I have all three if if that >> I will take whatever you have. >> So, here's that. >> Okay. I can see I'll tell you what. Since they already cut the corner off of it for you, I'll give that right back to you. Okay. It means it means it just means it's not valid anymore. Okay. >> Yes, sir. I appreciate it. >> Yep. So, uh registration. >> What is that? The >> basically when you registered the car in Wisconsin, they give you some paper. >> So, I don't have that. I got pulled over like a week and a half ago because I just moved here and I didn't have the uh registration yet. >> Okay. >> Because I just moved here a month and a half before I bought the car. >> Okay. Got it. Do you have your insurance? Could you pull that up on your >> I do. Yeah. Yeah. Yeah. >> If you if it's easier for you, you can pull up on the phone. >> Where did I put my phone? >> Where is your phone? >> I don't know. [laughter] But either way, I have the paperwork. >> Okay. 116. Copy. White mail by deal number. >> I I don't I I won't need that. I'll tell you, Mr. Jolly, go step out step out of the vehicle for me. Okay. >> Yes, sir. Yes, sir. You guys made me nervous. I lost my phone. >> Nothing to be nervous about, man. It's still in the car. Okay. >> Can I turn my car off? >> Yeah, please. No, it's already off. You already turned it off. >> Remember, I asked you to turn it off. >> Yeah. Yeah. >> All right. We're coming right back here. Okay. No, you're good. Come right back here. All right, Mr. Jolly. I'm not worried about your speed. Okay. Speed. >> Yes, sir. >> You're going to get a warning for the speed. That's not a big deal. Okay. >> How much have you had to drink tonight? >> Six drinks. Uh, six drinks. >> Six drinks. Like, but like since like >> how long over how long? >> 8:00 p.m. >> 8:00. Okay. >> It's been a while. >> It's been a while. Okay. >> I met a girl on Instagram. You know what I'm saying? >> I hear you. Here's the deal. Okay. >> Yep. >> Relax. Just relax. We're just talking right now. Okay. >> I'm going to give you a warning for the speed. I'm not worried about your speed. Okay. >> I want to make sure you're able to get in your car and drive home from this place. >> Yes, sir. >> Okay. And what the way that we do that is through standardized field sobriety tasks. Yes, sir. And that shows >> I've done two. >> You've done two. >> I've done two. I'm from Wisconsin. >> Okay. I got you. So, that's what I'm hoping to achieve tonight. Okay. I want to make sure you're able to get in your car and get and drive home from this place. Okay. So, you're on board with that? >> Yes, sir. >> Okay. Give me a second. I got to get some stuff. I'll be right back with >> my hoodie off. >> Stand right here for me. Do whatever you want. Just stay right here. >> Have your hoodie on, man. It's cold out, buddy. >> It's cold out, man. >> I know. >> Sure. Go ahead. >> Thank you. Where are you from in Wisconsin? >> Uh, Brenis. [clears throat] >> Anywhere near a big city? >> Yeah. What? >> Anywhere near a big city? >> No. Uh, Brinlander. >> Sorry, buddy. >> I live like an hour and 20 minutes from uh the Canadian border. >> Oh, so you're kind of way up there, aren't you? >> Yeah. >> Yeah. So, this is like warm to you. >> This >> Well, this is >> this is normal. >> Yeah. We're not normal, but the weather's like decent, huh? >> Yeah, I get it. Yeah, >> I get it. [clears throat] >> So, do you live down here part time or you just out for vacation? >> I I moved here uh four or five months ago. >> Yeah. But I I but I I grew up in uh Fort Lauderdale [snorts] in 2017. >> Okay. All right. So you went from Fort Lauderdale to Wisconsin back over >> Yeah. My mom moved me to Fort Lauderdale. Fort Lauderdale in uh 20 2017 and a half whatever. >> Okay. >> Seventh grade. >> Yeah. >> And uh I moved to South Carolina in 2016 and I hated it. So, I moved back to Wisconsin and I moved back here like 2015. >> No, no, no. I'm sorry. Like three and a half months ago, like 2017, whatever. >> Okay. >> Yeah, >> I got you. >> All right, Mr. Jolly. Go and relax for man. You're going to stand with your hands out of attention. We're not at ease. Couple questions. Yeah, we had a couple questions for you before I do anything. Okay. Are you sick or injured right now? >> My what? >> Are you sick or injured right now? >> No, sir. >> Are you insulin diabetic? >> No, sir. >> No. Okay. >> Any history of seizures, epilepsy? >> No, sir. >> You want to care if a doctor for anything? >> No, sir. >> You're a young guy. I wouldn't expect it. >> Yes, sir. >> Uh, how about a dentist? You go like everybody else twice a year? >> Not even Well, not in a while. >> Me neither. Uh any medications day today? >> No, sir. >> You have any physical handicaps? Anything bother you? Your hips, your knees, your back, anything like that? No, sir. >> No. No handicaps today. >> Okay. All right. Um if you will, come out here for me. We're going to stand right here in the center. Okay. You face me for this first one. We're going to stand feet together, arms on our side. Just relax. We're not rigid. We're not out of tension. Right. >> At my at my hips, right? >> Yeah. Just right here. Just Just kind of stand like that. You're doing just fine. Okay. Can you see? >> What was that? >> Somebody dropped the box or closed the door or something. Are you okay? >> Checks out. Yeah. Yeah. I just >> I got you. I heard it, too. I know. I heard it. >> Do me a favor. Okay. Just like that. Arms on your side. Can you see the red tip of my finger right here? >> Yes. Yes, sir. I can. >> The red tip of my finger right here. >> Yes, sir. I can. >> You're going to follow with your eyes and your eyes only. Okay. It's going to start going back or side to side. We're just going to follow with our eyes. Do you understand? >> Yes, sir. >> Do you have any questions? >> No, sir. Okay. Right. >> You see how it started moving? We're going to follow it. We're going to follow with our odds and our eyes only. Okay. >> Yes, sir. Center. >> Right. >> You see how it's moving? >> Yes, sir. I am. >> Follow it with your eyes. >> Right. Center. Right. >> Listen to me, Mr. Dolly. >> Yes, sir. Down. Right. Center. See how it's moving? Left and >> I'm listening, sir. Right. >> Do you understand? >> Center. Down. >> Do you understand the instructions? >> Yes, sir. Why? When it moves side to side, you're gonna follow with your eyes without moving your head. Do you understand? >> You want to follow with my eyes? Yes, sir. >> Without moving your head? >> Yes, sir. >> So, when it goes back and forth, >> left to right, I follow my eyes, not my head. Yes, sir. >> Okay. >> Following right. >> Okay. >> Down. >> You look straight at me. Is there a reason why you're doing that? Do you not want to participate in this? >> I look straight at you. >> You're looking straight at me without >> I did not. I follow I followed the >> You did not. >> Incorrect. >> You didn't. After you yelled at me, I followed it to the right. >> I didn't yell at you. I haven't yelled at you yet. >> I'm I didn't say >> so. Okay, we're going to start again. Okay. >> Okay. Follow me. >> Feet together. Arm down her side. >> You see the red tip of my pen? >> Yeah. Yes, sir. >> It's going to start moving left and right. We're just going to follow it. >> Now that I mentioned it, it's probably go to the left first, but then it's going to go to the right, and I'm going to follow it >> with your eyes. >> Yes, sir. >> You're going to move your eyes. >> You go my hands back here. >> Whatever's more comfortable for you. Just relax. Relax. >> Yes, sir. >> Like that. >> I'm relaxed. >> Okay. in front of my eyes. >> Gonna start moving left and right. We're going to follow with our eyes and our eyes only. Okay. >> Yes, sir. Yes, sir. I see the light to my left. I'm going to follow the red to my right. Yes, sir. Red center, red left. Red back to the center. Red uh white left. Red to the left. >> See how we're still moving our head? I want you to keep it still and follow through. >> Yes, sir. I'm following my my my eyes. No, no head. Ride red to the left. See? See how it stayed to the left? I want you to keep following it, but I'm moving your eyes. >> My eyes are still to the right. >> I think you meant right, but okay. They're still the right. >> See? See how it moved? We wanted to keep following the red light. >> You want me to follow the red light? I'm following. Ready? Right. Right to the red and center and left. I still see the red and the white to the left. And we're going back. Center and to the right. Red. White is still to the left. Red to the right. Red to the middle. Red to the left with the white. So find the white or the red. Red to the left. Red is going towards the right to the far right, but he stopped mid. Red is back to the white. Red is going towards the left to the white, but not 100%. I'm still looking the eyes. Red is middle. Red is middle. Red is going towards the white. Towards the white. >> We're not following with our eyes anymore, sir. We're going to move on. Okay. >> You mean we're not falling to the right? What am I following with my balls? >> I know, buddy. Pay attention to him. >> Yes, sir. For this next one, see line right here. >> What happened next is where the subject's legal position began to erode. When the officer asked how much he had consumed that evening, the subject answered immediately and voluntarily. Six drinks since 8:00. Under the Supreme Court's decision in Burkimer versus McCarti decided in 1984, a routine traffic stop is classified as a Terry stop, meaning Miranda warnings are not required until the moment of formal arrest. That means the subject had no legal obligation to answer questions about alcohol consumption at that point. He could have politely declined. He did not. His voluntary disclosure, six drinks over roughly 90 minutes, became critical evidence supporting probable cause for the DUI investigation that followed. This is one of the most consequential self-inflicted mistakes a driver can make during a traffic stop. The officer then administered what is known as the standardized field sobriety test battery, a set of evaluations developed and validated by the National Highway Traffic Safety Administration, commonly referred to as NHTSA. These tests are not random exercises. They are grounded in peer-reviewed research and when properly administered are admissible as scientific evidence in Florida courts under the Florida fourth district court of appeals ruling in state versus meor decided in 1996. The first test administered was the horizontal gaze nestagmas evaluation. This test measures the involuntary jerking of the eye that becomes pronounced and onset earlier when a person is under the influence of alcohol. The officer is trained to observe six specific clues, three per eye, under the NHTSA protocol. Before beginning, the officer conducted the required pre-EST medical inquiry mandated by Florida Administrative Code Rule 11D8, asking about medical conditions, seizure history, and physical limitations. Skipping that step can invalidate the entire test in court. The second test was the walk and turn evaluation. Nine heel totoe steps forward, a pivot turn, and nine heel totoe steps back. The officer demonstrated the test, offered the subject the option to remove his footwear, and allowed the test to proceed to completion even when the subject lost count. Under NHTSA protocol, there are eight possible clues in this test. The subject took 10 steps on the first pass instead of the instructed nine, a measurable and documented deviation. >> Yes, sir. >> Okay. It's called the walk and turn. Okay. >> Yep. >> Are you comfortable with your shoes? I see you wearing moccasins. >> Uh, I mean, they're not the best, but >> if you'd like to take if you'd like to take them off, go right ahead. Okay. It's up to you. It's a nice clean parking lot. I don't see any rocks. I don't see any glass. I don't see anything that would be a hazard. >> So, if you'd like to take them off, go right ahead. >> Man, that's tough. >> Okay. So, would you rather do it with your moccasins? >> Ah, >> I think I'll I think I'll do without. >> You can take them off right in. I want to make sure you're comfortable with this. >> Yeah. Yeah, I think I'll do without. Okay. All right. So, this is our line. We're going to use this. Okay. >> As I explain and demonstrate this, I want you to stand with your left foot on the line and your right foot directly in front of it. Okay. I'll I'll I'll show you. So, while you're on the line, left foot on the line, right foot directly in front of you, heel to toe fashion. Just like that. I want you to stay in that position while I explain and demonstrate. Do you understand? >> Yes, sir. >> Okay. When I instruct you to begin, we're going to keep our arms on our side, too. We're not going to be not airplane. Okay? So, when I instruct you to begin, you need to take nine heel to toe steps along that line. Okay? >> So, a little something like this. Okay? One, two, three, all the way up to nine. Okay. Yes, sir. >> Assuming this is your ninth step, you take a series of small steps around your lead foot just like this. Nothing crazy. You take nine heel toe steps back in direction you came from. Okay. >> Yes, sir. >> One, two, three, and so on until you reach nine. Once you begin, I want you to keep going until you're done with the task. I want you to count out loud so I can hear you, and I want you to keep your arms out your side. Okay? Do you have any questions for me? No sir. So, so this is zero, but that's one, right? >> Your first step is the first foot you move, which will be your left foot. >> Yes, sir. >> Okay. >> All right. >> Do you have any you have any other questions? >> No, sir. >> When you were ready, go ahead. >> One, two, 3, four. Five. Six. Seven. Eight. Nine. 10 11 officer >> as our instructor 1 2 Three, four, five, six. >> Are you done? >> Not yet. Seven. Eight. Nine. >> Doing fine. Stay in there for me. Okay. You >> want to put your shoes back on, bud? >> You want to put your shoes on? They're right ahead. They're right there. >> What do you mean? >> You can put your shoes back on. >> I'm not done. >> I thought I thought you were done. Excuse me. >> No. No, sir. I'm not done. >> What do you want from me? I'm not done. >> What did I What did I instruct? And then >> you asked me two steps ago if I was done. >> How many steps did I instruct you to take? >> You told me to go back and forth. I didn't tell you I was done. You You really didn't You didn't ask me if I was done. You didn't You didn't ask me if I was done, sir. >> You You let me know when you're done, Mr. Jolly. >> I'm not done yet. >> You let me know when you're done. >> Okay. >> My My foot My feet are there, right? >> Well, the end of the line's there. >> Okay. >> Are you done now, Mr. D? >> Depends. What do you want? >> We'll come back to the back of the car. Watch your scrap shoes. >> God, man. 139. >> I'm a white male. I'ming a software developer. What do you want from me, man? I broke with my goddamn girlfriend. >> Sorry to hear that. >> I know. So am I. What do you want from me? >> All right. Right here, Mr. Jolly. >> Yes, sir. >> You're fine. You put your hands down. Relax. We're still just talking. Come here. Come over here, man. Right here. Okay. Um, for this next one, it's called the one leg stand. Would you like to try it, >> sir? >> The one leg stand. Would you like to try? >> I've I've done it all. Trust me. I'm from Wisconsin. >> Okay. >> You want to get rid of these shoes? >> Would you like to do a barefoot? It's up to you. >> I I would like to do a barefoot. >> Kick them off right there. >> Right here. >> God damn, man. Ah, it's so it's so salty and cold. What do you want? >> Okay, so we're standing right here. Okay. Remember we were saying the first time put our feet together, arms on our side. >> Yes, sir. When I instruct you to begin, you're going to lift one foot of your choosing. It doesn't matter which one. Approximately 6 in off the ground. It's about the size of a soda can. Yes, sir. >> With your foot pointed out towards horizon. >> Yes, sir. Count. You're going to count out loud. 1,00 1,002 1,003 and so on until you >> until you tell me to stop. >> Yes. It'll be roughly 30 seconds. Okay. For any reason if for any reason you put your foot down like I just did, you pick it up and continue from where you left off. >> Yes, sir. >> 1004, 105,00. Okay. While you're counting, while you look down on your toe and count out loud so I can hear you. >> Yes, sir. >> Do you have any questions for me? >> No, sir. >> You're going to tell me when to go? >> I'm going to tell you when when to stop. It's going to be roughly 30 seconds. You're going to keep counting until I tell you to stop. >> Yes, sir. >> Okay. Do you have any other questions for me? >> No, sir. >> Okay. >> Okay. Mr. Jolly, when you are ready, go ahead and begin. >> Which foot, sir? >> It's up to you. You choose. You choose the foot. 1,00 1,00 1,00 1,002 1,00300 >> strain out our leg and pour it out towards the horizon like I showed you. Yeah. 1005 100,0006 1007 Where do you want to restart? 1008 10090 which is 10 seconds maybe 11 11,01 11,000 14. Eh 12,000 13,000 >> You can stop. All right. For this next one, we're going to stand the same way. Okay. With our feet together, arms by our side. Okay. >> Going to make two pointer fingers for me like here. Okay. Bring it back down to your side. Okay. When I instruct you to, you're going to close your eyes and tilt your head back. Okay? For now, you don't have to do it. Just watch me. Okay. Okay. >> So, you're close your eyes and tilt your head back. Okay. >> I'm watching. >> Okay. When I say left, you take the left tippy tip of your finger and touch the tip of your nose. Just like that. >> Richard Dollar. >> Yes, sir. >> So, I say left. >> Left finger, left nose. >> Take the left tip of your finger and touch the tip of your nose. Just like that. Okay. >> Yes, sir. >> When I say right, you take the right tippy tip of your finger, touch the tip of your nose. Just like that. Okay. >> Right. Left. Yep. Now, when I say tip of your finger, the tip of your nose, I mean the very tip of your finger, not the pad, not the side, not the nail, nothing like that. >> Yes, sir. >> Tip to tip. Just like that. Okay. >> Yes, sir. >> Do you understand? >> Yes, sir. >> Do you have any questions for me? >> No, sir. >> Okay. So, when you are ready, go ahead and close your eyes and tilt your head back. Okay. Just like that. Okay. Left. Left. Left arm. Left nose. You can put your hand down each time when I call the instruction. You just bring your hand down. I'm not going to tell you. Okay. >> Yes, sir. >> Right. >> Right. Right arm. Right nose. >> You bring your hand down. >> Yes, sir. Down. Bottom right. >> Left. >> Left. Left arm. Left nose. That left nose is >> You can bring You can bring your hand down. >> Yes, sir. Down. Both arms are down. >> Right. >> Right arm right here. Up. Itchy on my nose. >> You can bring your hand down. >> Yes. Right arm going down. Both arms are down. >> Right. >> Right arm going up. Right here. Itchy again. Right. Pointed finger on my on my nose. >> You bring your hand down. >> Yes, sir. >> And left. >> Left. Right here on my nose. >> Not letting go until you tell me to. >> That wasn't the instruction. I told you to bring your hand down each time. >> Sir, >> you bring your hand down. Relax. >> Down. >> Okay. Said he had about six drinks tonight. >> Yeah. >> Uh, a little less, actually. >> Less. Okay. Do you feel comfortable like you were able to operate motivator? >> Yes, sir. >> No problems. I I'm not I'm not more than a half a mile from home. >> Okay. So, you're almost home, too. >> Right now, you feel comfortable enough. You can just get in your car and >> Yes, sir. More than more than comfortable. Yes, sir. >> Okay. >> Okay. We got one more to do. Okay. For this one, we're going to stand just like that. We're bring our hands to the center of our back. Hands behind your back. >> Where do you want me to face? >> There you go. Put your hands together. >> Yes, sir. >> Place on the rest tonight for DUI. >> Don't be so aggressive. >> You're doing just fine, Mr. Keep doing what you're doing. >> Yes, sir. I I'm I'm fine. >> Appreciate your cooperation. You're doing just fine. >> Really? I'm a I'm arrested. >> Yeah, you got a DUI tonight. >> Really? >> Yeah, for real. >> Yep. >> It's a good one, too. >> Can't drink and drive, buddy. >> You ate entirely too much tonight. >> Really? >> Yeah. Dangerous. Okay. What do you have in your car that needs to go with you to jail? >> You have a phone and a wallet? >> Yeah, I got a phone and a wallet. The third standardized test was the one leg stand. The subject was required to hold one foot approximately 6 in off the ground and count aloud for roughly 30 seconds. NHTSA identifies four possible clues in this evaluation. The subject struggled with the counting cadence, shifting between counting formats mid test. The officer observed without interruption and allowed the test to run to completion correct procedure. These three NHTSA tests taken together form the backbone of the probable cause determination under Florida statute section 316 1 93. A fourth test, the finger-touse evaluation, was also administered. It is important to note that this test is not part of the NHTS, a standardized battery. It does not carry the same scientific weight as the three standardized tests. It is admissible only as a field observation by the officer, not as validated scientific evidence. Its inclusion is not improper, but its evidentiary value is more limited and could face more scrutiny if challenged in court. At the conclusion of the evaluation, the officer informed the subject he was being placed under arrest for DUI. Florida Statute Section 316 1 93 defines driving under the influence as operating a vehicle while a person's normal faculties are impaired by alcohol or a controlled substance or while maintaining a blood alcohol concentration of 0.08 08 or higher. The legal standard is not how the driver feels about his own condition. It is what a trained officer observes. The subject's reaction revealed a critical misunderstanding that is unfortunately common. He expressed surprise and argued he was only a half mile from home, but proximity to one's destination has no legal relevance to a DUI charge. The moment a person operates a motor vehicle with impaired normal faculties, the offense is complete. Distance remaining in the trip is not a defense under Florida law or any other United States jurisdiction. Following the arrest, the subject's behavior created an entirely separate legal problem. When being guided toward the patrol vehicle, the subject planted his foot against the vehicle and made physical contact with the officer. Under Florida Statute Section 843.02, 02. Resisting an officer without violence, obstructing or opposing a law enforcement officer in the execution of a lawful arrest, even without physical aggression constitutes a first-degree misdemeanor punishable by up to one year in county jail. Inside the patrol vehicle, the subject continued to escalate, striking his head against the partition. The officer warned him, invoking the possibility of a hobble restraint. Use of restraint devices beyond handcuffs is governed by the use of force continuum established in Graham versus Connor. Decided by the United States Supreme Court in 1989. Under that framework, any force applied must be objectively reasonable given the circumstances known to the officer at the moment, not judged with the benefit of hindsight. The inventory search of the subject's vehicle was constitutionally proper under the Supreme Court's decision in South Dakota versus Opperman decided in 1976. When a vehicle is lawfully impounded following an arrest, officers are authorized to conduct a standardized inventory search without a warrant. The purpose is three-fold. To protect the owner's property, to protect officers against false claims of theft, and to identify potential safety hazards. The subject's request to search his own vehicle in place of officers was appropriately declined. Now, grading the parties involved, the officer receives a B+. The traffic stop was constitutionally grounded. The DUI investigation was methodical and the NHTSA pre-EST inquiry was properly completed. Every standardized test was administered with a full demonstration and proper instruction. When the subject repeatedly failed to follow HGN instructions, the officer restarted the test rather than abandoning it. A technically correct decision that preserves the evidentiary record. The officer also maintained composure throughout a 26-minute encounter that grew increasingly volatile after the arrest. No profanity, no excessive force, no escalation of physical control beyond what the situation required. The grade falls short of an A primarily because the fourth test administered finger to nose is not a NHTSA standardized evaluation and its inclusion without clearly distinguishing it from the standardized battery is a minor procedural imprecision that could complicate the evidentiary record in court. The subject receives a C plus. Credit is given for initial cooperation during the document exchange and the field sobriety testing itself. He removed his shoes when offered the option, attempted each test, and did not physically attack officers during the arrest sequence. However, his voluntary disclosure of six drinks eliminated any ambiguity about alcohol consumption and single-handedly shifted the probable cause calculus in the officer's favor. an entirely avoidable outcome had he exercised his fifth amendment right to remain silent on that specific question. His post-arrest behavior lowered his grade significantly. The footplant, the physical contact with the officer, and the head striking in the patrol vehicle converted a single DUI charge into a DUI plus resisting an officer without violence charge, a second criminal offense that carries its own penalties, its own court appearance, and its own long-term consequences. None of that was necessary. Compliance at the arrest scene and challenge through the legal system afterward is always the correct path. >> Else you want there to go with you? >> No. >> Okay, we'll grab >> Can I help you through my >> We'll grab We'll grab my shoes in a minute. >> Okay, hold on. We're going to go to the car. We're going to go around back and park a little. >> Can I help you guys through my car? >> No, we're going to go through it for you. Do you have anything in there that we know? >> Why are you going to go through my car? >> Don't start. Stand up. Stand up on your feet. >> No, listen. I got >> Do not do this. Stand up to be a gentleman. We're going back. We're going to that car right here. >> Hey, listen. I reserve Hey, stop. Hey, can I >> Hey, I'm sorry. Do not do that again. >> Hey, can I regret? >> You planted your foot in a car and you ran into me. Do not do that again. That's your free >> guys. I love police. >> Do you have anything? >> No. >> Nothing. >> Y >> I just Hey, >> listen. >> Your car is going to get towed and we're going to inventory it for >> listen. Okay. Can I talk to you guys for 10 minutes? >> Take a seat. >> Five minutes. Listen. >> These are serious. >> Slide backwards. >> Guys, >> listen. >> Okay. What do you want to talk about? >> All right. Let me get some of this. >> Serious. >> Hey, >> what do you want to talk about? >> I'm talking to you, too. >> You're talking to me. I'm in charge, too. I'M IN CHARGE. >> I BACKED the blue. >> Okay. I appreciate that. It doesn't mean you could drink and drive. >> No, that's absolute. But why would you back the away from me? Yeah. >> What's that? Cuz he's got to get gloves. We got We got work we got to do here, >> man. Whatever. >> Okay, relax. You need anything right now? Right this second. >> Do you need an address for my car? >> Uh, it'll get towed to the yard. We'll get I'll let you know where it's going. >> What you mean to the yard? >> To the toward. Impound lot. >> Where? I got to pay. >> Well, I'm not sure. You got to pay. You got to pay. Start to >> Yeah, I'll take care of I'll let him know. Hey. Hey. Where's my phone? >> It's in the car. Do not bunch your hand. >> I need my phone right now. Please. >> Do not do that again or I'm going to hobble you. Do you understand me? WHAT DO YOU MEAN? HOP ON ME. >> Do not put your HEAD AGAINST THE >> WHAT ARE YOU GOING TO DO? THROW ME IN JAIL? >> YEAH, we're going to jail. >> Dude, >> this is crazy, bro. >> Stop what you're doing. >> Hey, >> stop what you're doing. >> Hey, I ain't playing. This is crazy. >> Stop hitting your head on the petition. >> Hey, listen. Do you have my phone? Do you at least turn my battery off? [screaming] Help. [screaming] Help. Sir, >> I got your wallet and your phone. >> No, no, no. It's It's more important than that, SIR. >> WHAT'S UP? >> LOOK AT MY PHONE. >> WHAT ABOUT YOUR PHONE? >> MY GODAMN GIRLFRIEND WHO'S a elementary teacher needs a ride home. >> Where is she? >> IN FORT MYERS AT 10:30, BRO. >> OKAY, WELL, we'll arrange that. >> No, you won't. Hey, I'M LET ME OUT, [ __ ] HEY, HEY, HEY. [screaming] >> See you later, Sergeant. HEY, CAPTAIN. FAT [ __ ] YOU THINK I'm playing games? Hey, listen. She needs to picked up or she's GOING TO GET FIRED. IT'S NOT EVEN A JOKE. >> This footage illustrates several lessons that apply to anyone who gets behind the wheel and encounters law enforcement. Before getting to those lessons, it is worth noting that the legal outcomes in situations like this are almost always shaped more by what the driver does in the first 5 minutes of the encounter than by anything a defense attorney can argue later. The decisions made at the roadside become the evidence the court evaluates, and that is not a recoverable situation once the damage is done. Lesson one, you have no obligation to answer questions about alcohol consumption during a traffic stop. Under Burkimer versus McCarti, a traffic stop is a Terry stop, not a custodial interrogation. Miranda protections do not apply, but your Fifth Amendment right against self-inccrimination does. You may politely decline to answer questions about where you have been, what you have been drinking, or how much you have consumed. That right exists precisely to protect you in situations like this one. Lesson two, field sobriety tests are voluntary. In most states, including Florida, an officer may ask you to perform them. But in most jurisdictions, including Florida, you are not legally required to submit to roadside field sobriety tests. Refusal may have consequences, including arrest, if the officer already has sufficient probable cause, but performing the tests and generating documented clues always creates more evidentiary risk than declining. Lesson three, proximity to your destination is not a legal defense. If a driver's normal faculties are impaired at the moment they operate the vehicle, the offense under Florida statute section 3161 93 is complete. Regardless of how far they plan to drive, one block, one mile, 100 m, the law does not distinguish. The only legally relevant fact is the condition of the driver at the moment of operation. Lesson four, resisting arrest, even without violence, is a separate criminal offense. Once an officer places you under arrest, your legal obligation is to comply. Any physical resistance, a footplant, a pull away, a shove, exposes you to a second criminal charge under Florida Statute Section 843.02, that charge does not disappear because you believe the underlying arrest was unjust. The remedy for an unlawful arrest is a motion to suppress filed in court, not physical opposition at the scene. Lesson five, your conduct after the arrest affects the outcome as much as your conduct before it. In custody behavior, agitation, headstriking, profanity directed at officers is observable, documentable, and presentable to a judge or jury. Courts and prosecutors evaluate the totality of a defendant's conduct, not isolated moments. Maintaining composure after an arrest is not just good advice. It is a direct protection of your own legal interests at every stage of the proceedings that follow. The events captured in this footage did not have to end in two criminal charges. A measured response to a speeding stop documents provided. Alcohol questions declined. Field sobriety tests declined leaves an officer with a radar reading and a traffic violation. What ended this encounter with handcuffs and a second charge was a series of choices the subject made voluntarily in real time that a basic understanding of traffic stop law could have prevented. If you found this analysis useful, subscribe to our channel for more in-depth legal breakdowns of real police interactions. Leave a comment below with any incidents or legal topics you would like us to cover. Understanding your rights is not about avoiding accountability.