I I'm gonna go to prison for 3 years. >> So then why are we doing this? >> Why is he doing this, >> Vicki? Because he's got to ask you a question. That's all. >> And I'm answering those questions. >> But you told me before you told me before that you were drinking. >> You told me before that you were drinking. You're now >> as you stand right now, you're swaying back and forth. >> I'm not going to answer questions. I don't want >> All right. Well, then we're going to go down a road that you don't want to go down. >> All right, Nico. Um, at this time, okay, I want you to put your hand behind your back. All right. >> On November 4th, 2023 in South Florida, a woman crashed her car, left the scene, and told an officer she had nothing to hide. By the end of that conversation, she had supplied the state's case herself. The stop was lawful. Under Terry v. Ohio 392US1968. A reported single car accident with an eyewitness provides sufficient reasonable articulable suspicion for detention. No additional justification was required. >> Um, so what happened? >> See, he saw everything. >> I saw everything. I was right there at the corner and all a sudden I just you heard this bing hit the the the turning corner over there hit that sign jump the curb hit that sign right there just off here and that was it came over she's okay she's all right she yeah I'm fine okay and the people there I said you call >> she hit your car by any >> she didn't hit your car >> I just stopped because I saw the lights >> okay >> she hit nobody she no brakes shot through >> okay so she was driving this way >> I can take Go there. Show you the whole route back. Yeah, she was coming up the off ramp. She was trying to go right, but she didn't go right. She hit that. See that sign up right there? There's another sign to the right of it. She hit that sign, hit that curb, took out that sign right here trying right where she at. >> Okay. >> And all these beer cans were all over the road everywhere. She's trash. She couldn't talk. So she's like, "I'm fine. Get away." >> And what's what's your name, sir? >> My name is Trevor. >> Trevor. Um, >> right now he already gave me the rundown. >> Okay. So, I'm just just to be sure, I'm going to read it to you again. All right. Before I ask you any question. Um, so, all right. What's your name? >> Nicole. >> Nicole. What's your What's your last name, Nicole? All right. Okay. I am officer with Lake Shaw Police Department. My ID is 334. All right. You have the um I am required to warn you before you make any statement that All right. First one, you have the right to remain silent. Are you willing to talk to me? >> Yes. >> All right. So, tell me what happened today. >> I fell asleep at night. >> You fell asleep? Okay. Um, when you fell asleep, right, when you were driving, right? >> Yes. >> Okay. So, what happened after that? >> I don't know. I fell asleep behind the wheel. >> Okay. And tell can you tell me why you leave uh the the scene and end up being at the park? I did not. >> Okay. >> I just I fell asleep and I got up and walked off. >> Okay. But um when we get here, apparently you at the park which is about 3 ft I mean ft away from here and then I walked off. >> Okay. So why you leave the seat instead of wait in here? >> I didn't know what to do. >> You didn't know what to do? >> Yeah. >> Okay. Um have you been drinking today? >> Okay. Um, >> so how come you didn't know what to do if you have not been drinking today? >> I I don't ever know what to do. I've never been in an accident day in my life. >> Okay. But do you know the right things? Somebody most people if they've been involved in >> most people would call the cop >> uh with a reasonable mindset. If they involved in a crash, they will stay until the police come in. They don't walk away from the scene. Right. Also, my ex-boyfriend is a detective for your your city. >> For who? >> For your city. >> For my city. What's your boyfriend name? >> Anthony. >> Anthony. >> Okay. All right. Now, let's go back to what happened today. All right. So, >> all right. I'm very well aware that I left the scene. >> Uhhuh. >> Because I did not know what to do. >> Okay. You did not. >> I literally got up. I feel when I left. >> Is it because you've been drinking or you don't know where you at? >> I did not know what was going on. >> Okay. And why is that? >> Because I had just got into an accident. I'm sure. >> Okay. >> So, expect someone to know what they're doing or >> go on with their life after that, >> right? um been a >> that's shock that's trauma. >> Yes, but leaving the scene that has a a hate head. >> All right. Well, I can get hit with a head. >> I will take it. >> No, I'm just letting you know. Um basically that's what we have here. All right. Um apparently we couldn't go further with that. Okay. But for now, um, we're just going to go with the hitting one because whenever you get involved in a crash, you're supposed to stay until law enforcement. >> I need to not stop. >> Okay. Now, I understand the reason that you didn't stay. Maybe um I don't know yet. Maybe you probably were intoxicated and then you you don't know what to do. You was unsure and then you leave the scene. Um, that would be one. Um, I don't know, but that would be the only way that I can think of >> because I've already I've been in a ghost driving, so I know exactly what it's supposed to be like. >> So, I'd rather sit there and stay. >> Okay. >> I did not know what the hell was going on. >> Okay. >> I didn't even know where I was. That was unfortunately the problem. >> Where are you coming from? >> I'm coming from where? Uh, where were you before the incident happened? >> Work. >> Work. >> Yes. >> Where do you work? >> Rhino. >> Rhino. >> Where do you work? >> Spearman Rhino. >> Where is that? >> It's West Palm. >> Um, do you remember the address for that place? >> Um, 5126 zip code place. >> Okay. >> All right. You also advising that you're a deputy, right? >> Yes. Um, well, what department you work? >> BSO. >> BSO. Um, how long you been working for them? >> Right. Well, I'm on a probation area because me and my aunts are on domestic violence. >> Okay. Uh, you say you would PSO right now, right? >> I I'm not with them right now. >> I can't be with them. >> Well, how come you're How come you're a deputy if you don't have a job? >> What do you mean? How am I I was hired with them. I can't deal with them if I'm on a probationary. >> Okay. Um, do you have an ID with you? A law enforcement ID? >> I do not. I don't even have my law. >> Okay. Um, what's your supervisor name or your old supervisor from ESO? >> Um, John. >> John. Okay. Um, are you sure? >> My bad number is 1134. >> 1134. Okay. Are you sure that information is correct? >> Correct. >> Okay. Now, if I ask you to take a a subreddit test, would you be able to complete it? >> I will not do that. >> You will not do that? >> I don't do that. >> Okay. You don't do that, right? >> No. >> Okay. Um, >> I'd rather lose my license than ever do that again because that's like me dancing like I'm on the road. >> Okay. Why Why you say you would not want to do that? And is there a reason? I just explain it to you. >> Okay. You just choose not to do that. >> I choose not to. >> Okay. Um, is it because of a medical reason or you just >> No, because I will I refuse not to do it. >> Okay. All right. Um, >> I've already lost my license once. >> Okay. >> What the point of doing it again? >> Well, just to determine if you've been drinking today. >> Well, I've already lost my license once, so I do not need to do it again. >> Okay. But um that doesn't justify anything. I just want to know >> that does justify a lot. >> I just want to know if you've been drinking again. >> Well, I have already told you you can take my word or not, but I'm also not going to do what you're asking me to do, which is the variety test, and dance all over the road. Number one, while it's wet, >> and number two, >> just spell the alphabet backwards. >> All right. Without thank you. >> Without the subra test, would you be able to give your breath? >> No. >> No. Okay. >> I won't do it. That also ABCs. No, thank you. >> Um All right. Um one. >> Yes. >> If you want, call the DUI investigator. >> Before asking a substantive question, the officer read Miranda as required by Miranda v. Arizona 384US436 1966. The subject waved on camera. Every admission that followed was fully admissible in court. She admitted she fell asleep at the wheel. Florida Statute Section 316.193 defines DUI as any impairment that renders a driver incapable of safely operating a vehicle. That admission is a direct factual element of the charge. She admitted she left before police arrived. Florida statute section 316.061 061 requires drivers in a property damage crash to remain until law enforcement dismisses them. Not knowing what to do is not a defense. It is a confession. She refused the field sobriety test and the breathalyzer. Florida statute section 316.1932. The implied consent law means any Florida driver has already consented in advance to chemical testing. That refusal is documented and admissible. South Dakota v. Neville 459US5E1983 settled the constitutional question. Breathalyzer protected by this amendment. The test is physical, not testimonial. A jury can draw a negative inference from that refusal. She disclosed a prior license suspension while denying current impairment. Prior DUI history is pattern evidence. It shows she knew exactly what a sobriety test reveals and refused anyway. That combination is nearly as damaging as a failed test result. She claimed to be an active Broward Sheriff's Office deputy. >> The officer credentials. She had none. Florida statute section 843.085 prohibits falsely representing oneself as a law enforcement officer. That claim became a third criminal charge. >> Um, all right. So, >> cuz I know you're not and I know >> the reason the reason Listen, I don't I didn't want to do this. All right. I'm I'm telling you right now, >> the reason that I'm I'm I'm going to try my best to help you out any, okay? But you're not helping. Okay. You're not helping at all. So, the reason that I'm doing the cuz you said, again, I'm not saying you're a liar. That's not what I said. Okay. Cuz you said you have not been drinking all day. Um, you're fine. And I understand that. But how can I confirm that? >> You don't have to. >> I have I have to confirm that. >> For whatever reason, I'm not getting behind the wheel ever again because my car is going to go by. >> I know. Oh, I I told you just just answer his questions. All right. All right. >> I But but now now we're going down a whole different road that we didn't have to go down. >> Justact All you guys and I never You never said that we were going to go down this road. >> I I didn't say anything. There was a reason why I didn't say >> he was going to ask questions. >> But I told you. >> Where is my boyfriend? >> He's over there. Then what is what I what I told what I told you to do was just >> listen listen you're escalating with me please you >> guys you're young than I am >> sure whatever you want to call we don't need to go down this road >> let's just quickly >> I don't want to go down this road with him I don't want to deal with it >> I just want to go >> I understand that but Why is >> you're you're getting to a point that you're not going to go home. >> Obviously, I I'm going to go to prison for 3 years. >> So then why are we doing this? >> Why is he doing this, >> Vicki? Because he's got to ask you a question. That's all. >> I'm answering those questions. >> But you told me before you told me before that you were drinking. >> You told me before that you were drinking. You're now >> as you stand right now, you're swaying back and forth. >> I'm not going to answer questions once. All right. Well, then we're going to go down a road that you don't want to go down. >> All right, Nico. Um, at this time, okay, I want you to put your hand behind your back. All right. >> Can you remember my right, please? >> Yes, I've done that early. That was the first >> No, you can do it again. >> That was the first thing I did. You can do it again. >> All right. The reason that you've been arrested right now for driving while intoxicated. Okay. >> It wasn't even my car. >> Okay. We'll find that out at the CJ. Okay. Um, we have witnessed that. >> You have evidence that I was in my car. >> Yes, we have witnessed that. >> Where is it? >> Oh, we have the information. Don't worry about it. Don't worry about that. We have >> Where is the evidence? >> All right. >> That I was in my car. >> Naked. Naked. All right. >> Stop. >> Come with me. You're not You're not making any apparently I spoke too soon. So, um yeah, she's going pretty well. >> I can get in by my >> Hold on. Do you have anything on your pocket? >> I have my phone. >> All right. Let me have your phone. Can you please give it to my boyfriend in front of my face? >> Uh, boyfriend. >> Uh, boyfriend's over there. Uh, >> boyfriend's over there. >> Okay. Well, this you have >> boyfriend's over there. >> What's your boyfriend name? >> Baron. >> Baron. >> Yes. >> Uh, can you call Baron for me? >> Baron. >> She just want to give up. Listen. >> It's going to it's going to be extra charges. Okay. You don't want to have to do that. All right. Give him my phone. >> Nikki. Nikki. >> Give him my phone. >> Talk to me. Talk to me. Do you want me Do you want me to give him your bag and stuff? >> Can you grab the phone? Okay. Where is it? >> All right. It's >> on my head. And give me a head of Please. >> All right. >> Can she please her down? Don't do anything stupid. That would be extra charges. I'm >> trying to go into the car. >> All right. Just wait. >> Cuz I don't want to have to charge you. All right. I just want you to calm down. Okay. >> Okay. >> Yeah. You want me to calm down? >> Make it make it relax. >> Okay. [snorts] I love it. >> Bail me out. >> Bail me out. >> Don't pop them back. >> Thank you. Thank you. Thank you. >> Stop. >> You're going to hurt me and then I will pressurize again. So, I I think I think you got to you got to pass the uh >> Yeah, you're good. Good. Oh, be careful. >> Yeah, be careful. Thank you. >> All right. Are you going to help me or no? >> Oh my god. >> Yeah. Yeah. The point of arrest, the officer had eyewitness to fences, observed impairment, full refusal of testing under Illinois viv gates 462 US 2131 1983. Probable cause is a fair probability. This record cleared it. The physical arrest followed Graham v. Connor 490 US 386 1989. Force is evaluated from the perspective of a reasonable officer on the scene. The subject was not combative. Standard handcuffing was proportionate. No excessive force issue exists. One tactical concern stands. The officers sounded like negotiation. Phrases like, "I am trying to help you out," can be reframed by defense council as an implied promise, challenging the voluntariness of the subject's cooperation. It is avoidable exposure. The officer receives a B+ correct. Probable cause was specific and documented. No courtesy was extended on an unverifiable Paul claim, which proved right when that claim became an owned charge. The grade falls short of an A because of the negotiation style language. The subject receives a D. She waved Miranda Mccamera to Omen's brush. She refused testing where refusal is independently admissible. She disclosed a prior suspension that contradicted her denial. She converted a two charge arrest to charge with one unverifiable claim. This case illustrates five patterns that appear. Each one carries a direct legal consequence. Recognizing them before you are standing at a roadside is the difference between having legal options and watching them close one at a time. Lesson one. Waving Miranda without counsel is rarely in a subject's interest. Providing only basic identifying information gives prosecutors nothing to work with. Waving and talking supplies the state's case on camera in the subject's own words. Lesson two. Florida statute section 316.1932 makes breathalyzer refusal admissible as evidence of impairment. Refusal does not avoid evidence. It produces evidence. A jury is permitted to treat that refusal as consciousness of guilt. Lesson three. Disclosing prior legal history, Fed Rules of Evidence, 404B, and Florida parallel provisions, prior similar acts are admissible. Volunteering that information removes a procedural barrier the prosecution would otherwise need to clear on its own. Lesson four, under Florida statutes in 840.05, claiming law enforcement status without credentials is a criminal offense. If that claim cannot be immediately verified on scene, it is not a deflection strategy. It is a new charge added to the existing ones. Lesson five, probable cause is a low legal bar. The eyewitness account alone was sufficient for detention here. Every admission the subject made strengthened the case but was not required. Each question at a roadside stop builds a legal record. Cooperation without counsel narrows your options. The outcome is in the footage itself. She was charged with DUI and false impersonation of a law enforcement officer. The evidentiary record, eyewitness testimony, voluntary admissions, documented refusal, and an unverifiable claim is a substantial foundation for prosecution. All cases and statutes cited here are public record. Ohio, Bran v. Arizona, South Dakota v. Neville, Graham v. Connor, Florida statute sections 316, 366 3T33t swine. If this breakdown helped, share it with someone who should understand these laws before they need them. Subscribe to our channel for more legal analysis of real encounters and leave a comment with any case or legal question you want us to cover.