Oh my god. Hold on. Stop. My My [ __ ] is flying out. My vagina's out. >> I don't need to know anything about your >> Can someone like >> your stuff being out? >> No, no, no. Can you like >> You're good now. >> We moved you so the wind doesn't blow where things can be shown. >> On April 22nd, 2024 in Street John's County, Florida, a routine DUI traffic stop turned into a legal case study covering implied consent. field sobriety refusal, hit-and- run liability, and resisting arrest without violence. >> Does she have any children in the car? What? >> Like I said, I watched her pull in. >> All right. Hey, >> how you doing, young lady? >> How are you? >> Couldn't stay there. My name is Deputy Evans, St. John's County Sheriff's Office. >> Yes. >> What's going on today? >> Um, I was driving home. He pulled me over and he said that I had a bunch of cars. She would have pulled over if I had bunch of cars. >> Okay. >> Never reported it. I would have done it. >> Okay. >> The handcuffs are super tight. >> Okay. >> That's it. >> Well, my name is Deputy Evans with the Sheriff's Office and and uh I smell a strong odor of alcohol coming from your breath. You've been drinking? >> Um, Town Center. >> Town Center. >> Okay. Were you out shopping? >> Huh? >> Were you out shopping? >> Yes. >> Okay. >> Well, it since you hit a car, you you're involved in a hit and run. Okay. >> I never hit a car. They never pulled over. No one did anything. That's what I'm saying. Like if >> Well, they saw you. >> Okay. If they would have pulled me over, I would have said something the whole time. >> Okay. >> That's what I'm saying. >> Well, here's what I'm going to do. Okay. >> I'm going to conduct a uh criminal investigation for DUI. Okay. >> And since you were seen driving >> a vehicle, I want to make sure that you're okay. >> I am absolutely >> Okay. So, what we're going to do So, what we're going to do are bleeding. They're hurting. >> So, what we're going to do, we're going to take them off >> and then uh we're going to do some what's called field sob Friday tasks. There's a nice white line over there. >> That works. The foundation of this stop rests on Florida statute section 316.193 subsection 1, which defines driving under the influence as operating a motor vehicle while impaired to the extent that normal faculties are affected. Impairment under this statute does not require a confirmed blood alcohol level. An officer's direct observations, including the odor of alcohol, watery eyes, slurred speech, and irregular driving behavior, are legally sufficient to establish probable cause for a DUI arrest. The initial traffic stop in this encounter was legally grounded. A witness reported a hitand-run collision, and the sergeant followed the vehicle and conducted a stop based on reasonable, articulable suspicion under Terry V. Ohio, 440US1, decided in 1968. When Deputy Evans arrived on scene, she identified herself, confirmed the odor of alcohol emanating from the subject, and moved to conduct a DUI criminal investigation. These initial steps align precisely with Florida DUI enforcement protocol under section 316.193. >> Come on out, young lady. >> I can't. >> What's your first name? >> Anastasia. >> Anastasia. >> Yes, sir. >> Go ahead and step out. I'll take them off. >> So, I'll take them off for you. Okay. >> No, hold on. You >> okay? >> No, no, no. I'm naked on me. >> Okay. I don't need to. How about we pull this up for you? >> Thank you. >> Okay. We don't want you to be naked. >> I am so >> Okay. Go ahead and turn around. We'll take them off for you. >> Thank you. >> All right. When I tell you to do so, what I want you to do is put your right hand on top of your head till I tell you to take it down. All right. >> All right. >> All right. I appreciate your cooperation. >> Thank you, Babs. Babes H. I haven't been called that in many years. >> I'm a dancer. >> You're a what? >> Dancer. >> A dancer. What kind of dance? >> Adult, >> huh? >> Adult. >> Adult dancer. Okay. Nothing wrong with that. >> Okay. I'm done. >> We all have to make a living, right? >> Yes, I do. >> All right. >> Okay. >> All right. So, what I need for you to do is I need for you to come over here with me >> and we're going to make sure that you're okay. >> You said your name's Elena. >> No, Anastasia. >> Anastasia. >> Yes. >> I think I worked a crash with you before. >> He might have. >> You crashed into a tree and your car caught fire. You remember that on Racetrack Road? >> Yes. >> You remember that? >> Yes. I remember that, too. >> Do me a favor. Yes, sir. >> See this line right here? >> What I need for you to do is put your feet together. >> Tell him I'm 106. >> Yeah. Am I calling? >> Great. >> So, what I want to do is I want to make sure you're okay. >> Yes, sir. >> Okay. So, you said you've been drinking. >> I have not been drinking. >> Coming home. I have not been drinking. >> Well, I appreciate your cooperation, like I said. >> All right. What I want to do is I want to make sure you're okay. Okay. So, the way I'm going to do that is first thing we're going to do and you you want to submit to the test that I'm asking of you. >> What are we >> How about we How about we come over here and get you out of the sun? >> How are we submitting? >> All right. Oh, there's a sun there, too. How about right here? All right. So, I'm going to do some field task on you. make sure you're okay. >> Um, should I have >> Is that okay with you? >> What's that? >> Should I have my attorney? >> Has nothing to do with an attorney? >> I don't feel comfortable without my attorney present. >> Okay. So, you don't want to do the test that I've asked of you? >> No. >> Okay. So, here's what I'm going to do. Go ahead and turn around. >> Okay. >> At this point, you are going to be pl at At this point, you are going to be placed under arrest. Yes, ma'am. I will be g I'm always gentle. The subject was asked to perform standardized field sobriety tests. In Florida, these tests are entirely voluntary. Florida statute section 316.1 932 does not extend implied consent obligations to field sobriety exercises, only to chemical tests such as breath, blood, or urine. The subject invoked her right to have an attorney present before participating in field sobriety testing. While there is no constitutional right to counsel before taking field sobriety tests under Burkimer v. McCarti 468US420 decided in 1984. The refusal itself carries no automatic legal penalty. However, that refusal was not without consequence. Deputy Evans had already established probable cause through her own sensory observations before any test was conducted. Under Florida law, an officer may arrest for DUI based solely on observable signs of impairment without any field sobriety results. Once the subject was placed under arrest, Florida statute section 316.1932 subsection 1 activated automatically. This is Florida's implied consent law. Every person operating a motor vehicle in this state is deemed to have consented to chemical testing upon lawful arrest for DUI. Deputy Evans properly administered the implied consent warning before requesting the breath test. This is a required procedural step. Failure to read the implied consent warning can result in the refusal being inadmissible as evidence as established in Florida v. Brosttowski and subsequent circuit level decisions. The subject initially agreed to take the breath test, then later reversed her position, creating what the officer correctly identified as a second refusal. Under Florida statute section 316.1939, a second or subsequent refusal to submit to chemical testing is classified as a first-degree misdemeanor. a separate criminal offense independent of the DUI charge regarding the hitand-run allegation. Florida statute section 316.061 requires a driver involved in a crash resulting in property damage to immediately stop at the scene, exchange information, and if necessary, render aid. Leaving the scene without fulfilling these requirements constitutes a criminal violation, regardless of fault in the underlying collision. The subject's claim that she was unaware she had struck another vehicle or that the other driver never flagged her down does not constitute a legal defense under section 316.061. Florida courts have consistently held that the statute imposes a strict duty to stop and lack of intent to flee is not an element the state must prove. The resisting arrest charge in this case falls under Florida statute section 843.02 obstruction without violence. This charge applies when a person resists, obstructs, or opposes a law enforcement officer in the lawful execution of a legal duty without using physical violence. The physical act of refusing to place her feet inside the patrol vehicle after being lawfully arrested satisfies the elements of obstruction without violence under section 843.02. The officer's repeated commands and the subject's deliberate refusal to comply were captured on camera, meeting the evidentiary threshold for this charge. I'm always gentle >> cooperating with us. >> All right. >> Thank you. >> I'm always always gentle. >> Okay. >> Yeah. >> And I'll put these nice and loose on you so they won't hurt your wrist. Okay. >> Thank you. You're amazing. Thank you. >> We're here to help you. >> I know you are. You're being nice. He was not being nice. You're being nice. >> Who Who wasn't being nice? My boss. >> My boss is a super super nice guy. >> You're super nice. You're being super nice. >> Okay. >> Oh my god. Hold on. Stop. My my [ __ ] is flying out. My vagina's out. >> I don't need to know anything about your >> Can someone like >> your stuff being No, no, no. Can you like >> You're good now. We moved you so the wind doesn't blow where things can be shown. >> Thank you. >> All right. >> Yes. >> All right. At this time, you are being placed under arrest for DUI. Okay. >> And I have to read a few things for you, but we can do that in the car. >> Okay. >> All right. >> Yeah, that's fine. Can you please explain to me how am I being placed under DUI? I'm at my house. >> You You were seen driving. >> How? >> How? You weren't driving. >> How? No, >> you weren't driving. >> How? But explain to me. Please explain to me. >> My sergeant or what the hell am I doing? >> Come on over here. >> Oh, you okay? >> No, you tricked me. What the? >> Can't walk very well. >> No, he tricked me. What the >> what? >> How many? >> You were being so nice to me and now you're yelling at me. >> I am. I'm being super messy. >> You fix my vag. >> I'm I'm going to I don't need for your stuff to be hanging up. >> I know. Fix my fix. >> I'll fix your top. Okay. >> Thank you. >> There you go. All right. Go ahead and have a seat. >> I got to read you read you a few things. Okay. dark hair ponytail. >> Go ahead and put your feet down there. >> I want you to hear >> I want you to I want you to pay attention. Okay. >> You have the right to remain silent. If you can't answer questions without >> Do you understand each of these rights that I have explained to you? >> Yes, I do. >> All right. With these rights in mind, you want to talk to me about what's going on today? I wonder why you pulling me to the side. >> Okay. Well, we'll start with the Well, the hit and run. Okay. Over in the Petco parking lot, >> you hit a car. >> Okay. >> So, you were seen by a person. >> Mhm. >> Hitting their car. >> Okay. >> Okay. You have damage consistent with the damage. >> Actually, I have damage from my consistent from my previous accident two months ago that they didn't fix >> from Mercedes. I can testify to the MercedesBenz accident because I was hit two months ago. That is not true. We can testify and I can show you the records. >> I can show you if you let me put my phone. >> I'm not doing I'm not doing the crash investigation. Deputy Claus crash investigation >> and what'll happen is you'll get the paperwork for that. >> Yeah, that's fine. But I'm doing the criminal investigation and that's for DUI. Okay. You were seen driving a motor vehicle. Okay. >> Okay. I smell a strong odor of an alcoholic beverage. >> Alcohol. Okay. >> Emitting from your breath. Okay. >> Okay. And that's what you assume. >> No, I can smell it. >> You can smell it. So, your smell alcohol. I did not tell you. I did not. >> Okay. So, here's what we're going to do. I'm going to read you one more thing before we head down to the jail. >> Okay. >> Do you have anybody at your house? >> I have my son. >> How old is he? 15. >> 15. >> Yeah. >> Okay. Is he by himself? >> Yes. >> Okay. Does Do you have anybody to come over and take care of him or No. Okay. >> All right. So, this is what I'm going to read to you. Just pay attention and and we'll go from there. Okay. I am now requesting that you submit a test lawful test of your breath for the purpose of determining its alcohol content. >> Will you take this test? >> I sure will. >> Okay. All right. So I got to read the rest of it to you too. Okay. If you refuse to take the test request of your driving spend for one year for refusal or 18 months if your driver previously spent or if you have previously defined under 3475 for your breath. Additionally, if you refuse to take that request of you and your driving has been previously or if you have been previously under 375 for refusal off the test >> and you still request to take the test. >> Can you can you please loosen up my handcuffs? They're super really loose actually. Um, look in my hands. Look in my shoes. >> Okay. Look, look, look, look, look. >> My fingers are going in between. See, my thumb is in between. >> What you are thinking? I'm asking you. I'm being nice. I'm not being >> I have my thumb between the finger. They're not tight. >> My hands are being tight. >> Okay. They're not tight >> for my hands. They're tight. I'm just asking you. Listen. >> You see how my whole finger's in there? >> Look at my hand. Like, they're tight. Look at it. Look, it's going up and down. Look, don't pull on them. Okay. Look. >> Okay. >> Don't pull on them. >> Hey, can you fix All right. >> Can you fix my robe? >> Yeah, I can fix your robe. >> No, no, no. By my chair. >> I can't fix that area. Go ahead and slide your feet that way. >> Okay. So, what? >> Slide your feet that way. >> No. No. I said I was going to take your time. >> Yes. Yes. Yes. >> Okay. >> Slide your feet that way. >> Okay. >> All right. >> But I don't want you to close the door. I want you to slide >> close the door and we'll talk about it. >> No. Cuz if he's like where are you taking >> Put your feet in jail. >> You are going to jail. You're under arrest. >> Um I'm not. >> Okay. Put your feet in. >> Put your feet in the car and stop resisting or you're going to catch another charge. >> If you if you resist, you're going to catch another charge. >> So I'm going to give you one more opportunity. Sir >> put your feet in the car. you said was if I am >> sit up. Stop being ridiculous. >> Stop. Okay, relax. I'm going to sit you back up. >> Got one resist. I don't need >> We're going to have to >> Can you pull her over? >> We can put it. >> All right. I'm going to shut this door and then we're going to have to kick her feet up. Good night. >> I'm not resisting. She's already What are you talking about? >> What are you talking to? >> I'm not resisting. What are you talking about? What are you talking about? 3449 St. John. I got one secure. She resisted. She'll catch that charge, too. >> You said you you don't want your phone. >> I bought my phone so I can call my phone. >> We're going to talk to you, son. >> How was it called? >> I haven't done anything. >> Also, Romeo 8 9 x-ray Sierra Red Volkswagen. Just one less. How is your DUI? >> Cuz you were driving while intoxicated. >> How? >> How? >> How? >> The sergeant pulled you over. >> So the sergeant pulled me over? >> Yeah, >> absolutely. >> You hit a car. You hit a car in a parking lot. >> I did not hit a car. Show me where I hit a car in December. Yes, I hit a car. And I have an insurance situation going on right now. So tell me, how did I hit a car? Tell me. >> I just did. >> How was it? >> When you were over by When you were over by Petco. >> I was not by Petco. >> That was my Petco. Show me the proof. Who was by Petco? >> Hey, I'm going to Hey, hop out. I'm going to adjust your handcuffs. Loosen. >> I know. I want I want to know. >> I know. I'm going to loosen up your handcuffs. >> I want to know how I have been disrespectful to you and to anybody else. >> I'm going to loosen your handcuffs. That's what I'm trying to help you. I want no key. >> Actually, just give me >> No, before you tell me >> might do what? >> Tell me how I have been disrespectful. I haven't done I haven't done >> She didn't want to get out. Can she see her? >> Okay. Can you back up and kind of angle? >> She should be able to see her very clearly. I don't I don't think I was. And I'm just trying to find out like I wasn't being disrespectful to anybody. >> Nobody said you were being disrespectful. >> You said that I was asked to do something and I said it. >> Okay. >> Easy enough. Appreciate it. >> Yeah. We're going to go do the test right now. You refused. You refused the SFT. Not that is not true. >> That is true. I got it on camera, lady. >> Okay. And you're ready to get sued, right? >> Yeah. >> Okay. >> Absolutely. >> You're right. >> You are under arrest and you're in route to the jail as we speak. >> Well, we're going to find that out. >> Arrest him. So, that's what she did. We also hit a car and >> and um >> left the scene about a crash. >> And I hit a car not to the scene of the crash >> and you resisted arrest. >> I did not arrest assist. >> It's on camera, ma'am. >> I did not. >> Okay. >> You are a liar. >> Deputy Green arrested you before. >> But you just stated that you had spoke to me. You spoke to me. You spoke to me at the incident. >> You when you crashed your car, No, you did not. You are not present. You are a liar. You are a liar. You are a liar. Deputy Crane probably was there. I can't confirm or deny, but I sure know I did not see you. You are a liar. I have never seen you in my life. >> What's that? Yep. >> Nope. >> It's not the way this works. >> Not the way it works. >> No. >> Terrible. Why not? That's not the way it works. Why not? >> What's that? >> I said that's not the way it works. Well, why not? Uh >> cuz you know you made a mistake. >> Yeah. >> Whatever you say, young lady. >> Whatever I say. >> Whatever you say. >> So right. You are so All right. So she resisted. So she's a lively one. just pissed all over the backseat of my car. So, I don't want to take her out of here till the PTO gets here. >> Um, but she's lively. Um, >> yeah. DUI or property damage, hit and run, resist. >> Did you already get a paper? >> Huh? >> Got the hospital. >> The hospital here. You got it. Yeah, I already got it from her. Yeah. You ready, Emily? >> I sure am. >> Come on over here. >> You going to the hospital with >> You want me to bust out the visa form and >> like email it and I was going to bring it to you or something or whatever? >> You just I'll wait. >> Okay. >> I'll just tighten. >> Yeah. >> Here. We uh I want to make sure that they don't tighten up on you. >> Oh, they're super tight. It's okay. >> I don't want them tight on you. Come on now. They're super tight, you said? >> Yeah. >> I put my whole finger in there. >> Yeah, cuz that way the rest >> tight the rest. They're tight. >> How are they tight? How are they tight? >> When they fall down, they hurt me. >> Okay. Don't let them fall down. >> Get back in there. >> Thank you. I thought you were going to blow in a breath test. >> For what? >> You said you were going to blow in a provide a sample of your breath. >> But for what? What should I provide? >> To see how drunk you are. >> I'm not drunk. >> Okay. This is your second refusal. >> Really? >> Ow. Ow. >> All right. Sit back. You good? We got to get you in there to see the doctor. Good. We got to get you in there >> so they can make her feel better. >> Here to help. >> The doctor is here to help you. I'm not here to help you. Let go. You're hurting me. You're hurting me. You are hurting me. Stop. >> I'm not doing anything, young lady. >> You are. You are pinching my arm. I'm >> not pinching your arm. >> You are. You are grabbing my arm super hard. Let go of my arm. You are hurting my arm. >> Not even sque. >> Deputy Evans receives a grade of B+. Her probable cause was well established before arrest. She properly administered Miranda rights under Miranda v. Arizona 384US436 decided in 1966 and she maintained consistent professionalism including adjusting the handcuffs and addressing the subject's clothing concerns. The one area for moderate concern is the phrasing during some exchanges which created unnecessary back and forth rather than cleanly redirecting the subject. Deescalation technique is a function of tactical communication and tighter verbal control early in the encounter could have reduced the time on scene. Overall, however, Deputy Evans performed her duties within legal and professional standards. The subject in this stop receives a grade of D. While she was correct that field sobriety tests are voluntary under Florida law, her legal knowledge was applied selectively and inconsistently. She agreed to the breath test, then rescended, generating an additional criminal charge. She refused lawful orders after arrest, generating a third charge. Each of these decisions increased her legal exposure substantially. The subject also made several self-inccriminating statements regarding prior accidents and the timeline of her evening that could be used against her at trial. Invoking the fifth amendment right to silence under Miranda after arrest and declining to make any voluntary statements would have been the legally safer course of action in this situation. Every interaction between a citizen and law enforcement, no matter how it begins, carries legal consequences that extend far beyond the moment. The decisions made in the first 60 seconds after contact can determine whether one charge becomes three. Five key takeaways emerge clearly from this encounter. Lesson one, field sobriety tests are optional in Florida. Under section 316.1932, you may lawfully decline without triggering license suspension, but that refusal does not prevent arrest if the officer already has probable cause from direct observation. Lesson two, implied consent is not optional. Under section 316.1932 subsection 1, once you are lawfully arrested for DUI, you are legally obligated to submit to chemical testing. A second refusal becomes its own separate criminal misdemeanor charge. Lesson three, obstruction without violence is a real charge. Under Florida statute section 843.02, 02. Refusing to comply with lawful commands after arrest, even without physical confrontation, constitutes a criminal offense that stacks on top of any existing charges. Lesson four, the duty to stop after a crash is strict liability. Florida Statute Section 3, 16.061 requires you to stop regardless of whether you believe you caused damage and regardless of whether the other party signaled you. Ignorance of contact is rarely accepted as a defense in Florida courts. Lesson five. Silence is a protected right and a smart strategy. Under the fifth amendment and Miranda v. Arizona, you have the right to remain silent after arrest. Voluntary statements made after Miranda are admissible in court. Anything said in the patrol vehicle becomes part of the evidentiary record. If this breakdown helped you understand how DUI law and constitutional rights interact in a real stop, consider subscribing to our channel for more legal analysis of body cam footage. Leave a comment below with any cases or legal topics you want covered