How much alcohol have you had? >> Like uh probably twice the legal limit. >> Twice the legal limit and we're driving. Why? >> On August 30, 2024 at 340 Central Avenue in the Romeo 94 sector, a responding officer encountered a driver who within the first 60 seconds of contact voluntarily built the prosecution's entire case against himself. The order to exit the vehicle was lawful from the start. Pennsylvania versus Mims 434US 106 1977 gives officers the authority to order any driver from the vehicle during a lawful traffic stop with no additional justification required 340 central 94. Okay, I'm going to need you to get out of the car. Okay, step out of the car here. Step out of the car. >> Okay. >> Okay, I need you to go over there. Okay. >> She said wait. >> What? She's telling the cars in line. >> Okay, I'm telling you to get out of the car. >> So, I need you to get out of the car. >> That's great for you. >> Okay, get out of the car for me. >> Yo, why do you stand at my stove? I literally can't. >> Do you have a driver's license? >> No. >> You don't have a driver's license? >> No. >> Why are you driving? >> You don't have a driver's license. So, we're driving for what reason? How much alcohol have you had? like uh probably twice the legal limit. >> Twice the legal limit and we're driving. Why? >> Because I have no other opt. >> Okay. >> Talk. >> Okay. >> Yo, like stop being mean to me. >> Not being mean. >> Like >> I'm in for >> Turn the car off. Turn the car off. >> I'm not doing it. >> You're going to turn the car off. You're not going to >> I am going to tell you what to do. Turn the car off. >> Oh, okay. Here we go. >> That's not your start button. That's your AC. >> Wow. >> No. Like literally. >> No. Like literally. You don't know how to turn your car off? Is it like a key or is it a push to start? >> It's a fob. >> It's a fob. Okay. What are you doing? >> Trying to find the way to turn your car off. >> What are you doing? >> Okay. Who was the one that has been out here? >> It was >> I I was trying. >> What is it? Were you the one that was handling this? >> Uh yeah, when I first >> All right, perfect. Can Whoever's been in interaction with him, can you grab um names, dates first, and phone numbers first? >> Yeah, perfect. real problem. >> You are not. >> I am. >> No, you're not. >> I I definitely am. >> You are 100% not. >> Okay. >> Are you the registered owner of the vehicle? >> Yes. >> 340 Central. >> 3040 Central. >> Can you run the R and tell me if he has a driver's license? >> I have a driver's license. >> You told me you did it. >> I promise you I do. >> Where's your driver's license out of? New Jersey. >> Okay. >> What are you doing? >> Uh, you're not getting out of the car. >> I will gladly get out. >> I've asked you to get out of the car. >> Can you turn the car off? >> No. >> Why? >> Because you're being ridiculous. >> How am I being ridiculous? >> Okay. All right. >> Oh, okay. Okay. >> Turn the car off. Turn the car off. >> Come on. >> If you >> spin your feet, >> spin your feet and come out of the car. >> Nope. Get out of the car. >> Put your other foot out. >> You're going to go this way. >> No, I'm not. >> Yes, you are. >> You are. You're going to go this way. >> If you touch Get over there like that. >> Let's go. Come on. We're not doing this. Let's go. Come on. >> Why do you got to do this? >> Why are you intoxicated? >> Because life chang. >> Come on. We're going over here. >> You're coming over here. You're not You're not controlling this situation. >> No, it's fine. >> Lean against my car. Lean against my car. Lean against my car. What are you doing? Fantastic. Go ahead. >> Why would you do that to me? >> Why are you drunk? >> Because I am. Fantastic. I'll be conducting a DUI investigation momentarily. >> Oh, he's he's a blast. I'm trying to figure out what's going on here. So, >> besides him him bending over and telling me to KMA. >> I have no choice. >> Well, well, I mean, you have a choice with your words, but So, what exactly is going on? Why do you think she's being reckless? >> Cuz I got him out of his car. He doesn't like me. Fine. >> That's not true. >> Well, you've said it already. So, >> that's actually not true. >> Okay, we're going to go to the front of my car. I mean, >> I'm just going to go to the front of my car. >> Do you mind standing with him? Go to the front of my car. >> Yep. >> Go to the front of my car. Hold on. >> Yo, I appreciate you never talking to me like >> stand up front of my car like I've asked you. >> Before I start this, are you able to move that car for me? >> My car? >> His car? This is heating drivethru? >> Yes. Right here. >> You totally is the uh the Audi. >> The Audi. >> Yeah. take care of that in a second. >> I just don't want them. I don't care about that. But okay, face me. >> What's your first name? >> Frank. >> I like >> Okay, Frank, I have to ask you some questions. Okay, >> you don't have to ask me. >> Yes, I do. >> No, you can. >> Are you wanting to Hold on, Frank. I'll make this really simple. Are you willing to cooperate with what she's trying to do here or no? Cuz otherwise she's got to go based off of what she's seen up to this point >> and that can't be used against you in court. So that's up to you. Do you want to cooperate with this or no? >> Okay, then you need to focus on me. I appreciate him, but I'm trying to conduct an investigation right now. Okay. >> Are you sick or injured? >> Uh I have multiple sclerosis. >> Okay. Are you under the care of a doctor? >> Yes. For what? >> Multiple sclerosis. >> Okay. Are you diabetic? >> Yes. >> Do you take insulin? >> Yes. >> Are you ep epileptic? >> Yes. >> Okay. Are you under the care of a dentist? Are you under the care of a dentist? >> Are you under the care of a dentist? None of your business. >> Okay. So, we'll go with no. Are you taking any medications? It's >> a yes or no question. Are you taking any medications? Do you have any physical handicaps? >> Yeah. >> Okay. >> The subject denied having a license, admitted to drinking at roughly twice the license. All voluntary roadside. Burkimer versus uh 420 2020 to84 establishes that US questioning during a traffic stop is not custodial interrogistic no that admission quote probably twice the legal limits in own Florida statute section 316193 sets the per se threshold at 0.08%. By the subject's own account he was at a minimum of 0.16% double the legal limit. The NHTSA medical pre-screening produced three disclosures in epilepsy just dumb intoxication. Each can produce symptoms that resemble tox 89. One officer can know at the time of arrest part of reasonableness analysis. These disclosures require documented consideration. The supervising officer's advisement that SF the subject in court was legally accurate should reflect Schmurber versus California 384 US 757 1966. Giving a suspect a correct statement of law before a consequential choice is the standard. It was met here. When declined server to boomman's lace point the subs and tsit spasoft arm opacants at suspended moxets of the up are you wanting to perform some field soiety exercises you're not wanting to okay so based on I'm going to ask you one more time if you want to perform if you don't then based on what I have observed will be how we proceed. >> I don't care. >> Okay. All right. Turn around. Place your hands behind your back for me. >> Yeah. That's awesome. >> Yep. >> That's right. You can do that. >> Stop. Stop. >> I'm not doing the answer. You're any place under arrest for suspicion of DUI. Do you have anything on you that's going to proceed when they >> against the car? >> Which car is one? >> The Audi and the >> blocking the thing. >> Correct. Where >> the Audi? Yep. >> That one. >> Can you jump in that thing and move over here? You fing? >> I was just waiting. Thank you. >> Did you stop? >> You got anything in your shoes that ain't about >> No. >> No, you are. >> Yeah. >> You are. >> Yo, >> stop. >> Look, let me tell you something. This is not the time to be an [ __ ] Let's go. Get in the car like you're told. You're in no position to make any demands or anything. Sit down. >> Sit down. >> You are >> charging with resisting, too. >> You really are. >> Get your foot in there. Get your foot in the car. >> Yo, >> I'm out. >> What the? >> Get your car. >> Yep. >> Charging with resisting. >> Yes, ma'am. The post arrest refusal to enter the patrol vocal art charge 843.02 finds an officer and officer of execution Amy off nonrins. The search incident to arrest was lawful under 414 US 218 1973. A lawful custodial arrest authorizes a full search of the person without an additional warrant. The subject's objections at that stage were legally immaterial. The investigation was legally grounded, procedurally correct, and physically measured throughout. The gap is documented. Three medical disclosures, all with neurological implication, needed deeper recorded engagement to close off the most obvious defense challenge to the probable cause determination. The supervising officer writes adisement was accurate, timely, and legally sound. The supervisor's presence also brought visible deescalation at a moment that needed it. The same documentation gap on the medical disclosures, however, applies at the supervisory level as well. The subject fifth amendment rights in semen's entire case resisting turning three and an ignition interlock was built word by word on that street. Before closing this footage illustrates five principles that apply to any encounter with law enforcement. Whether you are the officer, the driver or the supervisor on scene, each one is grounded in what actually happened here. First, voluntary statements at a traffic stop are fully admissible. Burkimer versus McCarti establishes that Miranda does not attach roadside. Silence is a constitutional right. It was available here and was not used. Second, medical conditions disclosed during a DUI screening do not end the investigation, but they must appear in the arrest report. Without that documentation, the defense gains ground to argue the officer ignored alternative explanations for the observed impairment. Third, a supervisor who accurately states a suspect's legal options before a consequential choice is strengthening the investigation, not undermining it. Accuracy protects the arrest. Inaccuracy creates suppression issues. The standard here was correct. Fourth, resistance after a lawful arrest constitutes a separate criminal offense under Florida statute section 843.02. There is no gray area. Non-compliance with post arrest command satisfies the statute. Fifth, Florida's implied consent law section 3132 allows that driving on Florida roads is conditional triggers a pre-agreed obligation to submit to chemical testing. Refusal does not end the investigation. It creates its own legal consequences. This stop shows how the law applies when probable cause is self-reported, when medical complexity is underdocumented, and when postresir adds charges. Nothing here required a close call. The law ran exactly as written. If this breakdown was useful, subscribe to our channel for more legal analysis of law enforcement encounters. Every video covers the law, the tactics, and the facts without taking sides. Leave a comment if there is a specific case or legal topic you want covered