All right. Give me one more chance to be honest with me. >> All right. >> You're on something else. >> Am I? >> You're on something else. >> I'll be honest with you. I took sand next >> yesterday. No, >> you took that way more recent than yesterday. >> More recent than yesterday. >> Just be honest with me. Like be be straight so I can get to I can tell you're not normal. Like >> I'll take I'll took I'll take a half I took a half of one like >> when you smoked two hours ago or what? >> Yeah, when I smoked two hours ago. >> You took a half a zany. Yeah. >> Okay. Looks like you took a lot more than a half to be honest with you. Messing me up pretty good. >> I took a half. I don't know. These things [ __ ] me up. >> Yeah, >> I just got so much [ __ ] going through my man. >> On the night of May 3rd, 2021 in Wisconsin, a driver ran a red light and struck a marked police cruiser. What followed was a textbook drug owi investigation. And nearly every piece of evidence came straight from the driver's own mouth. Hey, how's it going, >> dude? You just blew the red, man. >> Yeah, I know. I didn't see it. >> 84 negative. Are you good? >> Me? Yeah, I'm good. I >> Are you hurt? >> I just got some glass in there. I didn't know. I was just paying attention to the right. >> Are you hurt, man? >> Is my car [ __ ] >> I mean, you got some good damage here, man. >> Why do you guys Yeah, why don't you guys step out of the car? Dude, stop moving. Stop moving, >> dude. Park the car, man. >> It is what? >> Okay, your vehicle's still moving, man. Hit your parking brake up. >> Can you step out, man? >> Yeah, I got you. Yeah. Let's see if you guys out here. Come on. >> You step over here with me. >> Step over here. >> You have an ID on you, man? >> ID I think is in my car. >> Why don't you sit down? It's good enough to take a picture of >> Yeah, please. Sorry about that, man. I was in my place. I I was running to my place and I have [ __ ] so [ __ ] bad. Damn my [ __ ] my pants to be honest with you. >> Okay. I mean, were you just not paying attention? What's >> I was I was not paying attention at all. >> Okay. You had anything to smoke tonight? >> You had a drink? >> No, >> I smoked a joint like 3 days ago. >> Okay, >> that was it. I smoked the side in my car. >> But no, I'm not under the influence of anything. Beat those. >> Yeah, I'm think I'm good. I think I'll shake them up. >> You want to sit that one? Yeah. That way. I bought that car, too. >> Yeah. >> I don't think it's total. >> Yeah. It doesn't look very good, man. I think my squad car could be totaled. >> What? >> I think my squad car could be totaled. >> Yeah. I'm sorry. >> Do you have an ID on you, man? >> Yeah. >> We just got a J or something. It's cold as [ __ ] >> Do we have a what? >> A J. >> No. >> It's cold as [ __ ] >> Yeah. like it. >> Bruce I just bought this car like four I like four weeks ago. >> Yeah, literally. >> I did not even see the red light in [ __ ] >> Yeah, it's all good, man. >> Is your car okay? >> Doesn't Doesn't look good, man. >> We got that brush guard, though, so that helps a little bit. >> You want to actually get up and move over here, man? So, we're not blocking this traffic. >> Before we get into the legal analysis, one thing is clear from the start. The officer never had to dig for probable cause. The driver handed it over voluntarily, statement by statement, for more than 19 minutes before a single pair of handcuffs came out. The crash scene itself gave the officer lawful full authority to be present and to observe everything in plain view affirmed till verse spy 55 2005 anyto the bong sitting in the front seat qualified the moment the officer saw it no search no warrant no problem that single item combined with the driver's admission of recent marijuana use independently supported an impairment investigation under Wisconsin statute section 3463 subsection 1 paragraph Hey, now here is the where most people get confused. The driver was not under arrest when he admitted to smoking marijuana 2 hours earlier. He was not in custody when he disclosed unprescribed Xanax use under Burkimer versus McCarti 468 US420 1984. Roadside questioning during a non-custodial encounter does not trigger Miranda. That means every admission made before those honk was fully missable and there were on his phone. He piss off himself. He admitted marijuana use Xanax without a prescription in the none of that was compelled. All of it was devastating. >> In the front is what? >> A bong in the front. >> Good. >> My leg kind of hurts a little shaky, but >> your leg hurts >> a little bit. Yeah. >> Okay. So, I got from what? Just from your head? >> Yeah. I think I might have banged it on the console. >> Okay. Make sure you fill out a uh >> I'm going to get a little for your car. >> Yeah. >> Go ahead. >> I green light coming through. I looked to my right and he was just speeds right through it. >> Which way you were turning? >> I was coming straight. He was coming and he kind of turned off and let me be in there. >> You guys say it's totaled or no? >> Yeah. >> Doesn't look good, man. >> Yeah. I would say it's probably >> I mean it's still wrong. >> You guys aren't hurt, right? >> No, I'm not hurt. you in the car. >> I have some [ __ ] glass in my mind. >> Okay. >> Probably going to have to tow it to where? >> We will have to tow it. Yeah. >> I can't drive it back to my place. Is like three down. >> Literally like >> three blocks. It's like Yeah, it's right underneath. >> Oh, yeah. Look at it. >> It's not going to drive. You have a pole on top of it. >> Well, if you move the pole can't be >> So, where is it going to go to? >> Well, who do you want to tow it? >> Pick or can pick the record of the week. Recorder of the week. >> Yeah, just whoever tow truck notify street department already. >> I don't know. I went through Don towing last night. I still don't got a lot of money right now. You know what I mean? >> I go through something else or >> I have a buddy come pick it up with the truck. >> Were you driving? >> Yeah, I was driving. >> Okay. You're not hurt? >> No, I'm not hurt. >> What happened? What way were you going? >> Which way was I going? I was going this way. >> Which way? >> I don't remember. >> You were taking a right. Yeah, I believe so. >> Okay. >> I think I might have been like on like 30 and I didn't see it like slow down, you know. >> Do you have a red light? >> Did I? I do not recall. >> Okay. You don't remember or what? >> Yeah. I honestly It's just so fast. You know what I mean? >> Okay. >> Yeah. >> Yeah, I know what you mean. Do you remember what happened? Uh, I was looking at my phone at the time, so like I knew we were coming around the corner. We were to take a right and >> I think I was just going a little bit too fast, you know. >> Okay. What the Where were you guys coming from? >> Where? >> I was going down there to smoke shop. >> You were you coming from the smoke shop or >> Yeah. >> Okay, I got you. >> I'm not going to go to jail, am I? >> No. You been using drugs? No. >> Take any pills? >> No. >> Is there anything in the car I'm going to find? >> No. >> Nothing. >> I smoked weed like two or three days ago. >> Two or three days ago? >> Yeah. >> Not today. >> No, not today. >> Okay. So, I want you to be honest with me. You smoked some weed today. >> Yeah, I did. >> Yeah. Pretty recently. >> Very recently. >> Yeah. >> Probably 2 hours ago. >> Okay. How much? >> How much? >> Like, do you feel pretty high? Cuz you seem pretty high. >> No, I'm not high. >> You don't feel high? >> No. >> I see there's a bong in the car. >> Yeah. I just bought it from the one place. >> Okay. >> Smokes for less. I'm southside. >> Okay. So, when did you smoke it? 2 hours ago. You said >> 2 hours ago. Yeah. >> At your house or where? >> At my house. Just at a buddies. >> At a buddies. >> Yep. >> Like southside, north side. >> Southside. >> Okay. >> So, I don't see a southside smoke. So, new bong. >> How much did you smoke? Like the odds. >> I I haven't even smoked that new piece in there. >> How much did you smoke 2 hours ago? >> Oh, like a couple one hitters. >> Couple one hitters. Is that normal or? >> Yeah, that's normal. >> Okay. Do you have anything on you? >> No, you can search my pockets if you want. >> Just hold on to that. >> And I got my wallet right here. >> Is that just a vape? >> Yeah, that's a vape. >> Yep. >> Is this a weed vape? >> No, not a weed vape. You can go ahead and test it and all that. You pull this thing out right here. >> Pull it up. >> Hey, CJ. It sees it here. Let's do all the juicing just to do if you want to. >> You can go ahead and do whatever type test you have to do on it though. >> Okay. But you can put it back in your truck. >> All right. >> I'm going to write you through some tests to make sure you're good to be driving since you've been smoking weed and you got it now. Okay. Okay. >> Is that pretty fair? >> That's fair. >> You don't really remember what happened or cuz you weren't looking or cuz you were going too fast or like kind of walk me through. >> I feel like I was just going too fast to be honest. I got a new car and >> How fast do you think you were going? >> Probably like 10 over the speed limit. >> So like 35. Yeah. 35. >> And you were coming this way from the marsh with Menards. You were taking a right here to go home. >> Yep. >> Okay. And you didn't see that you had a red light or not? >> Did I see if I had a red light or not? No. >> Okay. >> So, you smoked two hours ago and one hit? >> Yeah. >> Anything else? >> Nothing. >> Nothing. >> Okay. >> Can you stand with your heels and toes touching? >> Yep. >> Completely touching like me. >> Like this. >> And put your hands on your side. Hands on my side. >> Try it again. Just like me. Got fast balance. My bad. >> Do you have any physical issues? >> Physical issues. You have a little [ __ ] up. >> Like, do you have a physical injury or do you just It's just sore. >> It's just sore. >> Okay. Do you have any problems with your eyes? >> Eyes? Yeah. I had eye surgery not too long ago. >> When? >> Cuz I had lazy eyes or whatever. So, they like brought them back. >> When did you have eye surgery? >> Eye surgery like a couple years ago. >> Okay. But your eyes are fine now? >> Yeah, my eyes are fine. You bring contacts. >> Contacts. Now, I'm I'm supposed to be >> but >> Okay. All right. Put your he feet like mine all the way touching. >> There you go. And then put your hands at your side. All the way. No, down at your side. >> Down on my side. >> Yep. Can you see my finger? >> Yep. >> I want you to follow my finger with your eyes and your eyes only. And don't move your head. You understand, Jake? >> Yep. >> Keep watching my finger. Just track it with your eyes. >> Hey, you're not watching my finger. >> No, it's your finger. Sorry. I've never done this before. >> It's okay. Just Just like you're watching it. Everywhere my finger goes, your eyes go. Ready? >> Are you not able to do this? >> Me? >> You're not doing it. You're like looking past it for it. Just like if you were to watch like a baseball. Watch my finger. You got to keep your eyes right on the tip of my finger. >> If you guys think I'm drunk or something, I can do a >> No, I This is just a test we have to do. I got And I got you. I need you to follow my finger. Okay. >> Okay. >> Keep following it. >> All right. Don't move your head, though. Ready? Tilt your chin down a little. Okay. Just watch my finger. >> All right. Sorry, my friend. >> Keep watching it. Keep watching it. Can you see it way out here? >> Yep. >> You're not looking at my finger, though. You're looking like at my wrist. >> Sorry. >> Tip of my finger right here. >> Tip of your finger. All right. >> Don't look away from me. >> It's better. >> Watching it. I'm going to go really slow. Keep your eyes fixated right on that. Okay. >> Yeah. way up here. >> Yeah, I see you. >> Ready? All the way up. >> Thank you. >> Okay, stand over. >> Stand over. >> Yep. All right. Give me one more chance to be honest with me. >> All right. >> You're on something else. >> Am I? >> You're on something else. >> I'll be honest with you. I took a good sandex >> yesterday. Oh, you took that way more way more way more recent than yesterday. >> More recent than yesterday. >> Just be honest with me. Like be be straight so I can get the song. But I can tell you're not normal. Like >> I'll take I'll take I'll take a half I took a half of one like >> when you smoked two hours ago or what? >> Yeah, when I smoked two hours ago. >> You took a half as >> Yeah. >> Okay. Looks like you took a lot more than a half to be honest, man. You messed it up pretty good. >> I took a half. I don't know. These things [ __ ] me up. >> Yeah, >> I just got so much sick going through my main mind, you know, and it's just >> Okay. >> The field sobriety testing followed NHTSAs, which consists of three validated assessments. The horizontal gaze nestagmas test, the walk and turn test, and the one leg stand test. The officer administered all three correctly, preceded by medical condition inquiry and full demonstration, which is required by the protocol. On the driver's struggle, gaze to track the stimulus. NH struggled significantly to cross with eyes. Central nervous system depressants, including both cannabis and bzzoazipines, produced distinct nestagmas patterns that differ from structural eye conditions. The driver's prior eye surgery was documented, but the impairment indicators observed were consistent with drug effect, not anatomy. On the walk and turn test, the driver counted to 10 steps instead of the required on his first pass. Valency eight clues for this test. Two are counted to funds sight found first or more clues down the count points four. The officer also administered three supplemental assessments. The Romberg modified balance test an alphabet 3. These are not NHTSA validated for impairment determination but they have to tererry sports and are generally miss a preliminary drunk court. On the Romeberg the driver is asked to estimate 30 seconds with his eyes closed. This matters because benzodioipines are classified as central nervous system depressants which tend to slow the internal clock causing subjects to underestimate the passage of time. This result was directly consistent with the Xanax admission and added another operating data point for the impairment case. The preliminary breath test result was 0.00 no alcohol. Point 63 I applies equally to alcohol into controlled substances. A zero on the breath simply confirmed this was a drug impaired driver case not an alcohol case because the officer stained glass fragments armed during the collision. The charge was elevated under Wisconsin statue session to sub child causing injuries imprisonment offer carry up to secure prison office up to 6 years the fall was a file threat to dropped forward. >> Take your hands out your pockets. I want you to imagine there's a straight line in front of you. >> Okay. >> All right. I want your left foot on that line and then I want your right foot in front of your left foot heel to toe. And I want you to stand like that. >> Okay. >> Just like that. Don't move until I tell you. You understand? >> Okay. So, when I say go, Jake, I want you to take nine heel to toe steps down this line. >> Turn around and take nine heel to toe steps back. Okay? >> Okay. >> Watch me. I'll demonstrate. You're going to go just like this. One, two, three, all the way to nine. When you get to nine, you keep your front foot down and do a series of small steps. >> And you turn around, do nine back. One, two, three, and all the way to nine. Okay. >> All right. >> While you're doing this test, Jake, hey, look at me. While you're doing this test, I want you to keep your hands down at your side. >> Okay. >> Count your feet. Count your steps out loud. >> All right. >> Okay. >> Keep watching your feet. Don't stop walking till you've completed the test. >> Okay. >> Do you understand? >> Yep. >> Do you have any questions? >> Nope. >> Okay. Get back in the starting position first. Right foot in front. >> Right foot in front. >> Right foot in front of your left. >> Left. >> Right foot in front. Put your right foot in front first. Okay. Now you can begin if you understand. >> All right. One Mississippi two Mississippi three Mississippi four Mississippi 5 Mississippi 6 Mississippi 7 Mississippi 9 Mississippi 10 Mississippi >> Yep. Just like I explained. >> All right. One Mississippi, two Mississippi, three Mississippi. >> One Mississippi 5 Mississippi 6 Mississippi 7 Mississippi 8 Mississippi 9 Mississippi 10 Mississippi. >> Okay. >> Is that Am I going to jail for this? >> I don't know right now, but no, probably not. Um, okay. Heels and toes touching. >> Heels and toes touching. >> Hands down at your side. So, for this one, I want you to lift up one of your feet 6 in off the ground with your toe pointed out and just hold it there. 1 10002 just hold it there and keep counting until I say stop. >> Okay. >> Okay. Watch. I'll demonstrate. You can pick whatever foot. You're going to go like this. 10,00 1,00200. Hold on. Hold on. Hold on. Okay. See how my foot is? >> Yep. Like this. >> Yep. And you're going to keep doing that until I tell you to stop. Okay. >> Okay. >> While you're doing this test, hold on. I want your hands down at your side. >> Okay. >> I want you to look at your foot. Count out loud and don't stop until you've completed the test. >> Okay, >> you understand? >> Yeah. I'm not that good at balance. >> Do you have any questions on how to do it? >> No, I got it. >> You got it. Okay, you can begin then. >> All right. One Mississippi, two Mississippi, three Mississippi. Oh, [ __ ] >> One Mississippi, two Mississippi. Okay. >> One Mississippi. Two Mississippi. It's hard. One Mississippi. >> One Mississippi, two Mississippi, three Mississippi, four Mississippi, five Mississippi. >> You can stop. >> Oh, no. I can't do that. >> That's okay. Do you know your ABC's? >> ABC's? Yep. A B C D E. >> Hold on. Hold on. Hold on. You in school? >> Me? >> Yeah. >> Am I in school? No, I got my diesel mechanic credits. Working in Calonia, Minnesota, farming. >> You graduated from high school? >> Yep. Graduated right from high school. >> So, you know your ABCs? >> ABC's? Yeah. >> Can you say them to me? A to Z, just normal without singing them? Yep. A B C D E F G H L I J K L M N L P Q R S T U V W X Y >> Okay, can you count fine? >> Fine. Yeah. >> Can you count backwards from 88 to 73 for me? >> 88 to 73? >> Yep. >> Yep. 88 87 86 85 84 83 82 81 80 79 78 77 76 75 74 73 72 71 >> Okay. All right. One more. So this one, heels and toes touching again. This is the this is the last one. Okay. Hands down at your side. >> Yep. >> Out of your pocket. So when I say go, I want you to tilt your head all the way back. Don't go until I say go. Tilt your head all the way back. Close your eyes and estimate the passage in 30 seconds. >> Measure to pass. >> Estimate the passage in 30 seconds. >> Now you can watch half right here. >> No. Estimate 30 seconds. >> Estimate 30 seconds. >> Passing. And when you feel 30 seconds have passed, I want you to open your eyes and say stop. >> Okay. >> Okay. So watch. So watch me. You're going to go just like this. You're going to tilt your head all the way back. Close your eyes. and then estimate 30 seconds. Okay. >> All right. >> You ready? >> Yep. >> Okay. Begin. >> One, two, three, four. >> Tilt your head all the way back. >> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. Just feels go 30. Wow. >> That's okay though. We can stop. I'm going have you blow on this. You haven't been drinking, right? >> No, I haven't been drinking. >> This will see if you have any alcohol in your system. Okay. >> Right. Right. [bell] >> All right. Big breath. >> Okay. >> Zero. You can take that tube off. Pull it. Pull it. Pull it. Would it come out as >> zero? Zero. >> Did you eat today? >> Did I eat today? No, I didn't eat. >> Did that be night? >> Did you sleep at all? >> Sleep at all? >> When did you sleep? When did you sleep last night? >> I went to bed around 8:00. >> Last night? >> Yeah. What time did you get up? >> Probably around 10 or 11 and then I si eating some donuts and I passed out. >> Okay. >> You don't take any prescription pills for anything? You know, I think I used this Xanax off someone every once in a while when I'm going through a hard time. You know, so many thoughts going through my head, you know, and so much [ __ ] you know, it's just >> Yep. >> trying to block it out, you know what I mean? >> Yeah. Okay. Come over here to the squad with me. >> All right. >> You have uh anybody in town that's sober? >> Anybody in town that's sober? >> That's sober. >> Yeah, >> you do. >> Yeah. >> Okay. So, you're going to be placed under arrest for OWI right now. Okay. >> Ow. >> Yep. You know, we got some testing and some paperwork and then if all goes cooperatively, you might be able to go home. Okay. >> Okay. >> I gota put you in cuffs. All right. >> Hurt my face one more time. >> Well, you probably aren't going to hit that anymore, but this won't take too long. Okay. >> All right. Am I getting a ticket for this? >> Yeah, you'll get some tickets. Yeah, you'll be >> like a lot of them or no. We'll call them [snorts] at least. >> Are they expensive or No, I'm having a hard time right now. >> We'll we'll look and see what they are. I don't know off the top of my head. Okay. >> All right. >> All right. Watch your knee. >> I just graduated from my cereal. >> Okay. Yep. >> You're trying to work, you know, all that. >> I got you, man. Watch your knee. Okay. >> All right. >> Thanks, Jacob. >> Yep. Going down tomorrow. >> Yep. Come here. Follow me out. Careful going down the stairs. All right. >> All right. >> There you go. All right. I gota put the cuffs back on. Okay. >> Cuffs back on. >> Yeah. Behind. >> All right. >> Oh, the jail won't let me come in. >> Was that fun doing all those tests? >> No, not really. >> He can try to use those to determine like, you know, the drugs you're on. >> All right. >> Stand right there. No, I got to go unlock this bad boy. >> All right, have a seat. Taking me to my place, son. >> Oh, we got to go down to jail. >> Oh, you got to go to jail. >> Yep. >> I don't want to be there for >> some someone can come get you. Probably not very long. Dog got my phone on me or nothing. >> I got your phone. >> I got it. Yep. >> Now, let's talk grades. The responding officer earns a plus. His probable cause development was methodical and legally sound. He administered all three NHDs disclosed with medical protocol kind of direct correctly when the breath test back at zero. His adapted correctly would draw at zero working with where he falls short of an A. With a confirmed polydrug combination of cannabis and absodioazipene, a full 12step DR evaluation would have significantly strengthened the evidentiary foundation. The supplemental tests he used are useful, but they are not a substitute for a certified DR assessment in a drug ow case of this complexity. His cooperation was genuine and his demeanor throughout was respectful. He did not resist. He did not lie about the crash itself and he disclosed physical conditions that could legitimately affect his test performance. That transparency in a human sense is admirable. In a legal sense, it was almost entirely self-defeating. He disclosed unsubscribes spec and use under Wisconsin statute section 40 ki subsection 3 paragraph E on on the OB 35 then statutes you did not exercise at once. Every encounter like this one whether you are watching from the driver's seat or the officers carries lessons that are worth keeping. Let's close with five of them. Lesson one pre-arrest silence is not guilt under the fifth amendment investig constitution roads right to the questioning in stoio parchment versus mccardi >> which means nonquenture under reverse knight guanzun warnings are not required when to remain silent zant le two a zero breathalyzer result does not end to drug indicators of drug impairment including field sobriety test clues observable behavior and admission of controlled substance use they have sufficient probable cause to arrest under the drug prong of Wisconsin statute section 346.63 63 regardless of your alcohol level. Lesson three, plain view applies the moment an officer is legally present. If something illegal is visible in your vehicle during off warrant is needed to use it and or is the basis for further investigation. Illinois versus Cabales decided by the court in 2005 makes this clear. What the officer can see a standard OWI in Wisconsin is typically a civil forfeite on a first offense. The moment someone is injured, even by broken glass, the charge becomes a class H felony under Wisconsin statute 63 subsection 2. The severity of consequences scales sharply with any resulting harm even and minor harm in drug impaired driving cases involving controlled substances sold and drug bomb certificate fund holds by direct drunk a straight to far more to say and IP 12step protocol and a not five K ops [ __ ] opsis Pauler this case is a reminder that the most consequential decisions in a traffic stop often happen in the first few minutes before anyone is under arrest before Miranda applies and before either side fully understands where things are headed. The law rewards preparation and composure. It does not grade on intentions. If this analysis was useful to you, consider subscribing to our channel for more in-depth legal breakdowns of body cam footage. Leave a comment below with any interaction or legal topic you would like us to cover next.