I had two glasses of wine. Yes, sir. >> Okay. >> Not going to lie to you. Yes, sir. >> And you were just over at a friend's place tonight. >> Yes, sir. After work, we had a patient tonight who passed away. And it just [snorts] it was it was just a lot for me mentally. And we had we split a bottle of wine, two glasses each, and that was it. >> Okay. Um, I have Sorry. I'm so sorry. I'm like I'm just graduated college, so my parents still do all my insurance and everything. So, I don't know all the >> minute to look. I'm going to go check some stuff on my end. I'll be right back with you. >> That just come around here. >> Of course. Yeah. >> Okay. So, one thing you're telling me tonight, you were driving without your lights on down the road. >> Yeah. I'm so sorry about that. >> You told me you had had some drinks with your friend. >> A glass of wine. Yes, sir. >> You also have a bar band on your wrist. >> Yeah. Yeah. >> So, >> that's from Yes. Yes, sir. >> Based on everything. >> Get a glass of wine at Yes. >> Based on everything I'm observing right now. >> On June 12th, 2025 in Tallahass, Florida, a missing headlight became a DUI arrest captured on bodywn camera. The stop is legally clean. Florida statute section 316217 requires lighted lamps from sunset to sunrise. A dark vehicle at night is a per se violation, giving the officer immediate reasonable suspicion under Delaware versus Prow. When the driver disclosed she had been drinking, the encounter shifted under Burkimer versus McCarti 468US420. Roadside questioning is non-custodial and Miranda is not required, but the fifth amendment right to silence applied from the first question. that voluntary admission, a visible wristband, and two expired insurance cards met the threshold for the NHTSA field sobriety exercise battery. Florida statute section 316 193 defines DUI as impairment of normal faculties. >> Please copy a traffic stop. It's going to be Jackson Bluffin Airport, Florida Tag Julia Romeo Golf Hotel 21 on a black sedan. We're rolling into Indian Village. >> Yeah, probably. >> Hold on. >> Why female? Bye. Police 748. Dispatch, final stop is going to be in Indian Village. Thank you. waiting for you on this side. >> I have my window rolled down over here. I'm sorry, sir. >> Definitely. >> I was like, "Oh my god, who's on this side? I'm so sorry." >> No problem. License, registration, and proof of insurance. >> Yes, sir. >> All right. Now that I have your license, I'll tell you why I stopped you. >> Yes, sir. >> So, you do not have any tail lights on. >> Oh my god. Are they out? >> Yeah, your headlights weren't on as all cuz you just flicked them off. So, headlights are out. >> I'm so sorry. I Okay, I work at TMH. >> Okay. >> So, I go to work at 5:00 a.m. >> Okay. >> And when I get to work, I turn my Sorry, my voice. I'm a cheerleader as well, so my voice is out. >> I turn my lights off when I get to work. And sometimes I forget cuz they're auto. Sometimes I forget to turn them back on. And my apologies. I work today. >> No problem. >> So, that is my fault. I forgot to turn them back on. >> Where are you coming from? >> Oh, dinner from work. I work tonight until uh midnight and so I went to get dinner tonight. Yes. >> Okay. That's a >> I know. I know. I from TH I went I went to my friend's house and we ordered um Door Dash. Yes, sir. >> Okay. >> And we were >> Where are you staying right now? >> Um Yes, sir. Right by the Circle K. Um on right there. >> Okay. >> That the address on my ID is my parents house. I live from Tally. So that's not my that's my permanent address, but my address is >> okay. So I have enough to eat this. Yeah. Okay. >> But I can. >> Sorry. All my information's in here. >> No problem. >> It's my bandage. Sorry. Hospital. Sorry, I don't know which one's most recent. I'm sorry. My parents just give me whatever I'm supposed to have. >> Uh, both of them are expired. >> Are they? I'm >> Yeah, >> I'm sorry. I just My parents may have the most recent one. I'm sorry. >> That's no problem. Do you have a valid proof of insurance? >> Yes, it's um on my phone. Yes. >> Okay. >> Um Sorry. I don't have my phone on me when I drive. So, it's like plugged in. Um, that's some of my me and my mom's text birth. Sorry. Can I turn my car off? Do you mind? >> No problem. >> Sorry. I just don't like to waste gas. When were you when you were over with your friends earlier? Have you had anything to drink tonight? >> Uh, yeah. I had two glasses of wine. Yes, sir. >> Okay. >> Not going to lie to you. Yes, sir. >> And you were just over at a friend's place tonight? >> Yes, sir. After work, we I had a patient tonight who passed away. And it just [snorts] it was it was just a lot for me mentally. And we had we split a bottle of wine, two glasses each, and that was it. [snorts] >> Okay. >> Um I have Sorry. I'm so sorry. I'm like I'm just graduated college, so my parents still do all my insurance and everything, so I don't know all the >> minute to look. I'm going to go check some stuff on my end. I'll be right back with you. >> Okay, that >> I'll just come around here. >> For you. >> Okay. So, everything you're telling me tonight, you were driving without your lights on down the road. >> Yeah. I'm so sorry about that. >> You told me you had had some drinks with your friend. >> Two glass of wine. Yes, sir. >> You also have a bar band on your wrist. >> Yeah. Yeah. >> So, >> that's from Yes. Yes, sir. Based on everything >> a glass of wine at Yes. >> Based on everything I'm observing right now. >> I have to ask, are you willing to do some field size soiety exercises? Just make sure you're okay to drive. >> Yeah, that's Yes, of course. I'm I'm Yes. >> Perfect. All right. So, >> I can Yeah, I can completely understand where we're coming from, sir. >> Yeah. Just something we have to do since based on just the things that >> completely understand. >> So, I'm going to ask you some quick questions real fast. >> Yes, sir. Do you have any medical conditions I need to know about? >> Um, like anxiety, OCD. Yes, sir. If that's like that's Yes, sir. >> OCD. Do you take any prescription medication? >> No, sir. I don't believe in that. >> Okay. Do you have any physical injuries or limitations? >> Um, I have an elbow injury. Yes, sir. >> What kind of elbow injury? >> Um, cheering. I tore every ligament in my elbow. >> Okay. So, ligament injuries. Any in physical limitations with standing or walking? >> No, sir. >> Do you have are you a diabetic? >> Oh, no sir. >> Do you have glasses or contacts? >> I have contacts, sister. >> Okay. >> Okay. So, right now, what I want you to do, I want you to stand right where my light is. Okay. >> A little closer. >> Yes, sir. >> All right. Take your feet. Put your feet together like this. Take your hands and have them at your side. All right. Now, with your eyes and your eyes only, what I want you to do is I want you to follow the tip of my pen, the red light. Don't turn your head. Just follow it with your eyes. I'll tell you when we can stop. Okay. >> Okay. Yes, sir. All right. Can you stay with this officer for one moment? I want to see some tape from that car. Make a line. Okay, we are out of tape. I I fall this where I'm up to no good, but at the same time I respect. >> Let's see. We're going to head over to here. See if there's some lines on the ground cuz I'm out of tape that I usually make to make a line. >> Okay, looks like we got one solid good line over here. This one right here. >> Yes. This is the one we're going to be using. >> All right. So, here's what I want you to do. >> Yes, sir. >> Know your left and right pretty well. >> Yes, sir. >> All right. So, I want you to take your left foot and I want you to put your left foot on the line >> like this. >> Yes. And then you're going to take your right heel and you're going to put it right in front of your left toes. You can take your hands and keep them by your side. >> Okay. >> Also, like I'm my like anxiety told you, right? >> Okay. >> It makes me a little shaky. >> It's natural for me. >> Don't worry. I do everything I've told you. I take into account. Don't begin yet. >> I'm sorry. It makes like y'all also make me very nervous. >> Don't worry. We'll take this nice slow step by step. So, here's what all you need to do right now. Put that left foot on the line. Take your right heel and touch it to your left toes and keep your arms by your side. You're going to remain in this position till I tell you to begin the exercise. I'm going to demonstrate and explain it first. So, you're not going to >> Okay. Yes, sir. I understand. >> All right. When I tell you to begin, you're going to take nine heel toe steps down the line. You're going to look down at your feet and you're going to count out loud. It's going to look like this. 1 2 3 4 5 and so on till 9. At nine, please remain in the instructed position. Sorry. >> Thank you. Once you're at nine, you're going to take a series of small steps around >> and take nine heel toe steps back down the line. One 2 3 4 5 and so on till you get to nine. As you're walking, you want to keep your looking at your feet. You're going to count out loud. Keep your hands by your side and do not stop walking. If you step off the line, step back on it. Just continue the exercise till it's complete. >> Do you have any questions? steps down, five in a circle, nine steps back. Correct. >> Nine steps down. Series of small steps around and then back. >> Okay. >> Yes, sir. >> Once you get in the instructed position and reminder, as you walk, make sure you are touching heel to toe. >> Heel to toe. >> All right. Are you ready to begin? >> Yes, sir. >> You may begin. >> I'm sorry. I'm very shaky. That's natural for me. >> It's fine. 1 2 3 4 5 6 7 8 9 May I spin in a circle now? >> Perform the exercise as you were instructed. >> But is it is it I just want to make sure I'm doing this correctly for you, sir. And I've given you the instructions and you said you understand. >> I I just want to make sure. I just I don't want to do it wrong. So, one, two, three, four, five. Do you want me to do left foot first again? >> Just as I had instructed you. >> I just I I'm just making sure I'm doing it correctly for you, sir. That's it. That's all I'm asking. >> Okay. >> One. Left foot in front of the other heel to toe. One. 2 3 4 5 6 7 8 9. Anything else you'd like me to do for you, sir? >> Well, that's the completion of that exercise. All right. For our next exercise, I want you to stand right in front of me here. Send the light. There we go. >> Is this okay? >> I want you to take your feet. I want you to put your feet together. Keep your hands by your side. Remain in this position until I demonstrate and tell you to begin the exercise. Okay. >> All right. When I tell you to begin, what you're going to do is you're going to raise a foot of your choice. Left to right. It is on your your decision approximately 6 in off the ground. You're going to keep it parallel to the ground. You're going to look at your foot and then you're going to count out loud 1,00 1,002 1,003 1,004 1,005 and so on until I tell you to stop. >> Yes, sir. >> Okay. Do you have any questions on the exercise? >> No, sir. >> All right. >> Do I have to have my hands Sorry. I'm sorry. Do I have to have my hands by my side the whole time? >> Yep. Keep your hands by your side, your foot extended, parallel to the ground. You're going to look at it. You're going to count out loud. 1,00 1, 1,002, and 100,00. And so on until I tell you to stop. >> Yes, sir. I understand. >> All right. You may begin. Okay. 1,00 1,002 100,004 1005 106 1007 1008 10090 10 sorry 1234 160 2017 >> The officer ran the correct three test sequence. Horizontal gaze nestagmus walk and turn one leg stand. Before testing, he completed a mandatory medical pre-screening. The driver disclosed anxiety, OCD, and a torn elbow ligament. Conditions NHTSA standards require documenting before scoring. HGN measures involuntary eye movement that increases with alcohol impairment. Officers identify six cues. Research validates HGN at approximately 77% accuracy for detecting drivers at or above. 08 when correctly administered by a trained officer. Walk and turn is a divided attention test. Asking clarifying questions mid exercise is a scored Q. Failure to follow instructions. The driver's predisclosed anxiety and OCD are documented factors NHTS. A training requires the officer to weigh before drawing any impairment conclusion. On the one leg stand, the driver counted to 18. NHTS. A data shows two or more cues correlate with a blood alcohol concentration at or above. 08 in 83% of cases. The officer then placed her under arrest. The arrest meets the totality of circumstances standard from Illinois versus Gates 462 US 213. Three exercises, a voluntary admission, a wristband, and expired insurance collectively satisfy probable cause for a DUI arrest under the facts known at that moment. One gap stands out. No Miranda advisement appears in the transcript before post-arrest questioning. The Fifth Amendment requires Miranda warnings once a person is in custody and subject to interrogation. That absence is a documentation issue both sides would examine in any proceeding. >> All right, M. Victoria. Yes, sir. >> Okay. At this time, you're going to be under arrest for driving while under the influence. >> Call someone or >> Yeah, we'll help you take care of your vehicle. >> Do I have to be put in handcuffs or can I just go with y'all? >> I You got to be in handcuffs. >> Unfortunately, people >> phone on me. Who has my phone? >> Will I take care of that? >> Unfortunately, people before you have ruined the ability to go without handcuffs. I I just I just want you to know I'm not trying to do anything. I just need someone to make sure someone can come get me. >> Don't worry, we will make arrangements and help you with that. >> Okay. >> I was just going to take you away. >> I promise I'm not going to do anything. I just wanted to make sure. >> Don't worry. I I trust you at this point. I'm just following what policy state. >> I completely understand. I just needed to make sure I could call someone. >> Yeah. We're going to As we go to the jail, would you like your phone with you? >> Please. Would you like your wallet with you? >> That would make me happy. Yes, sir. >> Anything else? Because you can only have a few small things in the jail. Is there anything else? >> Phone. Phone in my purse, which is my Lulu, which is in my car. >> Okay, we'll take a look at it if it's >> You can take whatever you Yes, it is. It's um >> Oh, perfect. They'll absolutely accept that. >> I can I can show you where it is if you need. Yes, sir. >> I can show you. My phone is plugged in. >> Um Okay. So, my phone is that white thing right there, and my wallet is right on top of it. You can grab both of those things. My car keys are in the Lulu. If you could just grab that so no one would have my car keys in the car. >> Absolutely. Now, >> I can show you what they are. There's nothing on them except for >> that black bag is the Lulu. >> Yeah, but you can just take those three things right there. Yes, sir. >> Perfect. Okay. We'll make sure to throw the Lulu window back so it's not easily seen. >> That's fine. There's nothing else in it. Can you just lock my and my windows rolled down there for y'all? >> Would you like us so it doesn't get towed? Have it legally parked over there >> if that would Yes, I'd appreciate that. Thank you so much. >> We can absolutely accommodate that. >> Can I call my boyfriend? >> He lives right around the corner. He could honestly meet us here or meet us anywhere. >> Oh, >> you can call him You can call him right now. >> I can I can put my face ID in. So you I can't but you can put my face I can tell you my password. Sorry, I can't use my hands. I'm sorry. No, it's um scroll up. >> This one? >> No, other way. >> Baby, right there. Yes, that one. Go to the Yes. Can you Yeah. Call speaker. >> Oh [ __ ] >> It's okay. Can I I'm sorry, guys. I'm so sorry. I promise. I promise. >> It's got to be on speaker for us. We got >> time. That's okay. I'm I promise. >> We just got to know what he is saying. Okay. Something. >> I don't know. >> Hey, I need you right now really bad. >> What? >> Can you explain? >> Hello, sir. This is Officer Young of the Tallahassy Police Department. We are uh which complex are we at? McBride >> where Carson McClucky lives. >> Okay. Yeah. So, right now she's been she's under arrest for DUI. Uh we're looking for someone who can take custody of her vehicle so it doesn't get towed. If you are able to do that, you'd be a great assistance to us. >> I'll be there within 5 minutes. >> He lives We live 2 minutes away. >> Perfect. We'll see you shortly and we'll explain more when you get here, sir. >> Yes, sir. >> Bye. >> All right. Hang on to that in case he calls back and needs assistance. We'll head to my car. We'll handle the other stuff so we can start. Can I give you anything else or do anything else for you? >> Yeah, there's some stuff we've got to cover at the back. I want to get this done as quickly as possible so you can return to your normal life as quickly as possible. >> And I appreciate y'all so much this car. >> Yes. >> Sorry, I didn't know which one was yours. >> All right. Uh, let me grab some gloves cuz I do have to search you real fast. >> That's okay. I have a vape in my front right pocket and that's it. I promise. >> All right. Just a vape. I just wanted to let you know so you weren't surprised. >> Nothing on me on you that's going to stick me, poke me, jab me. >> Just my vape in my front right pocket. And this is this bulge right here. That's it. Nothing else is on me that I'm aware of. >> Yep. >> It's right there. That's the vape. >> All right. We'll leave this in the car with him because the jail will >> That is a Okay. >> Am I going to have to spend the night though? Uh, as for term wise, you'll have to spend >> My mom is calling me do my phone. >> 10 rounds. I'm using the back of my hand. >> Can you not answer? Please don't answer. >> Whatever you I take my shoes off. I can do whatever you need to. >> That should be good. So, >> I promise you I'm not trying to do anything to y'all. >> I don't think you are. You're being very cooperative with us. >> Whatever you need to document. >> Do you want me to sit here? Or is that what like whatever you need? I promise. Okay. >> Before you guys leave, can I talk to my boyfriend? >> Oh, yeah. We can if he gets here quickly enough. >> We literally live a minute like right across the street there. >> Then then that should be no problem at all to us. >> He's just asleep, so he has to put clothes on and come here. He's He's a little groggy. >> He sleeps in his pants. That's it. Did you call 10:15 for DUI? >> Oh, no. >> Please. >> I'm going to start working through the rest of this. >> All right, sir. >> Officer Young receives a B+. The stop was lawful. The exercises ran in correct sequence. The pre-screening was completed and post arrest handling showed genuine care. The deduction is the unconfirmed Miranda documentation. a required record in every DUI case. The subject receives an A minus. She cooperated fully, disclosed medical conditions before testing, warned the officer about the vape pen, and accepted handcuffing. The deduction is legal. She answered questions she had no obligation to answer, and those answers built the probable cause case. The Tallahassee Police Department receives a B+. This footage reflects training that balances legal compliance with dignity. The grade falls short of an A because of the unconfirmed Miranda documentation and the absence of a confirmed chemical test result in the footage. Most drivers do not think about these laws until they need them. This footage illustrates five things worth knowing before that moment. Each grounded in the statute and case law applied in this stop. Lesson one, a missing headlamp is a valid basis for a stop. Florida statute section 316 217 makes any equipment violation at night grounds for detention. Everything observed or stated from that point becomes part of the evidentiary record. Lesson two, you are not required to disclose alcohol consumption at a traffic stop. Under Burkimer versus McCarti, your Fifth Amendment right to silence applies immediately. License, registration, and insurance are required. Disclosing what you drank is not and rarely serves your legal interest. Lesson three, field sobriety exercises are not mandatory in Florida. Declining carries no automatic criminal penalty. Making them legally distinct from chemical testing under the implied consent statute. Knowing that difference before you face the decision can materially change the outcome. Lesson four. If you consent to field sobriety exercises, disclose every relevant medical condition first. Anxiety, balance issues, prior injuries, all are factors the officer must document and weigh in scoring. Disclosing them on the record before testing protects you in court. Lesson 5, Florida Statute Section 3, 161932 is the implied consent law. Holding a Florida license means you have already consented to chemical testing upon a lawful DUI arrest. Refusing triggers an automatic one-year license suspension, separate from any criminal charge. The outcome of this case is unknown at time of analysis. No court records have been identified. What follows depends on whether a chemical test was administered and what it returned, as that single result drives the prosecution. A first offense DUI under Florida statute section 316 193 carries a fine of $500 to $1,000, probation up to one year, mandatory DUI school, and a minimum 180day license revocation. If this analysis was useful, share it. Subscribe to our channel for more legal breakdowns of real body cam footage driven by statute and case law. Drop a comment with any question or case type you want covered next. Thanks for watching.