No, you're going to jail. That's what you're doing. You're going to jail for DUI. >> Back. You're going to jail. >> Put your other hand behind the back. >> Dude, I'm not even like literally resisting. You guys are being >> Stop. >> That is resisting. Stop right there. >> What the Hand behind your back. Do it right now. You understand me? You're going to get hurt. Stop. Stop. On August 12, 2023, a routine traffic stop by the Charlotte County Sheriff's Office in Florida turned into a textbook example of how quickly a minor violation can escalate into a DUI arrest with serious constitutional dimensions. The stop itself was legally sound. Under Florida statute section 316183, operating a vehicle at 86 miles per hour in a 55 mileph zone constitutes a civil traffic infraction and provides probable cause to initiate a stop. That part is textbook. But what happened after the stop is where this interaction gets complicated and where both the officer and the driver made decisions that carry real legal weight. Hello, Miss Deputy Mass County Sheriff's Office. The reason why I stopped you 86 on a post of 55. Any reason for the speed, ma'am? >> Uh, there's not. I'm sorry. >> Driver's license, insurance, vehicle registration, please. Um, I have Sorry, I just recently >> Uh-huh. >> Recently what? >> Uh, just getting out of relationship. So, my uh registration might be with my ex. >> This your vehicle, ma'am? >> This is Yeah. >> Okay. Um, oh, sorry. Sorry. I wasn't mean to go so fast. >> Yeah. Are you Jessica? >> I am. >> Okay. >> I just just leaving from picking some friends up. >> I got you. >> Have you had anything to drink or >> No. >> Pills? No. The only tools they have are prescription. >> Prescription to you? >> Yeah. Yeah. >> Okay. Okay. Uh, when did you last take this one? Or how do you take it? >> I take it in the morning. >> Oh, just in the morning. >> That's it. All right. Here you go. >> So, do you have your license or No. >> Um, I I thought I did. I'm sorry. I literally I just came out to pick up a few friends. I dropped them off and um >> Okay. So, you don't Is there going to be in your wallet maybe or >> I don't I don't carry a wallet. I just >> You just throw it in there. >> Yeah, >> usually. >> I'm sorry. >> Okay. And you say you're coming from where? >> Uh where I live? On the key. Minnesota Key. >> Oh, Minnesota Key. >> Mhm. I work at Locking Key. >> I got you. All right. So, where you headed to now? >> I'm just I'm going back home. >> Going back home, but you live in Englewood. >> Yeah. >> Going the wrong way. >> I know. >> Well, I was going to go pick up friend up. I'm sorry. I was going to go pick a friend up, but I'm not >> Where where does your friend live? >> Port Charlotte or >> Yeah. >> Okay. Hello, ma'am. Hi, I'm Sergeant Gos County Sheriff Service. If you can come um step back over here with us, please. Just want to explain the ticket to you. Okay. >> Thank you. What's up tonight? Except for going a little bit quicker. >> Uh friend zone. >> Oh, cool. All right. >> Oh, did you could you >> No, no, no, no, no. We just want to step on over here out of the road. I don't want you in the middle of the road. There we go. Did I see you earlier tonight at a traffic stop? Okay. No. >> All right. Cuz there was a lady who was dressed with a I knew she had jeans on. We had another traffic stop, but we made an arrest and a person came up and she was standing like a little bit distance and um it looked like I said a basic, you know, basic, you know, shirt and pants yourself. So, Deputy Vasquez is uh finishing up that. So, where are your shoes? >> They're in the car. >> Were you on the beach today? I Yeah, I live on the key. >> Oh, cool. Cool. >> What key? Maninnesota key or >> Minnesota key. I work at Lock in Sandbar. >> Oh, cool. So, where you if you live out there and work out there? >> Uh, just dropping a few friends off. >> Oh, nice. Are they in the car? >> Nope. Just dropping a few friends off. >> Oh, all right. >> Yeah. >> Cool. >> All right. We'll just hang tight one second. Okay. >> Sure. >> All right, miss. um that's your information back. You got to make sure you have your driver's license on you next time. Okay. >> Thank you. >> So, um so let me give let me explain the citation. So, the citation is going to be uh so you're doing 30 over. There's no fine on here. However, it's a mandate. However, there's going to be there's going to be a mandatory court date. Okay. So, it's not a it's not going to be a criminal infraction, but it is going to be a mandatory court date. >> Okay. Um, so you have to contact this number over here within within 10 days of today's date. And then once you show up to court, they give you give you the date, then the judge will set the fine, smell signaling. >> Yeah. Cuz um and like I said, I was kind of confused cuz you said you live on the key, you work on the key, but you're driving your friends home, but there's no friends with you. So, where you turn? >> No, I just dropped them off that way. >> Oh, okay. And then you're going to go turn around. Okay. All right. All right. So, >> all right. Now, I believe that you're impaired. That's just based on what I'm seeing, based on everything. Smell? I can smell alcohol in your breath also. All right. So, um, do you have any medical issues? Anything like that? You take insulin? >> No. >> Anything like that? No. >> No. >> What kind of medication do you take? >> If you want me any of those documents. Oh, okay. You don't want any of those documents? >> I do not. >> Okay. >> Okay. >> All right. Um, are you willing to perform field sobriety exercises? >> No. >> So, do you need somebody to come pick me up? >> No, you're going to jail. That's what you're doing. You're going to jail. Where do you >> You're going to jail. >> Put your other hand behind the back. >> Dude, I'm not even like literally resisting. You guys are being >> Stop. >> That is resisting. Stop right there. >> Let's start with the DUI investigation. Under Florida Statute Section 316193, a law enforcement officer may lawfully arrest a person for DUI if the officer has probable cause to believe the person is driving or in actual physical control of a vehicle while impaired. Probable cause here is not a hunch. In Illinois versus Gates 462US213 decided in 1983, the Supreme Court held that probable cause requires a totality of circumstances sufficient to lead a reasonable officer to believe a crime has been or is being committed. In this stop, the officer articulated several observable indicators, including the odor of alcohol on the driver's breath, inconsistent statements, and open alcohol containers found in the vehicle. Individually, each factor carries weight. Together they build a legally recognizable probable cause determination. Now the driver was asked to perform field sobriety exercises. Under Florida statute section 3161 93 subsection 2, participation in field sobriety exercises is entirely voluntary. There is no legal penalty for refusing to perform them. However, refusal does not prevent arrest. If an officer has already established probable cause through other observable factors, the refusal itself becomes one more data point in the totality of the circumstances analysis. It does not erase the probable cause that was already forming. On the question of the breathalyzer, Florida's implied consent law codified under Florida statute section 3161 93 subsection 2 establishes that any person operating a motor vehicle on Florida's public roads has by doing so implicitly consented to a lawful breath, blood, or urine test. Refusal to submit to a breath test after a lawful DUI arrest carries administrative consequences under Florida statute section 3 22 2 6 4 including automatic suspension of the driver's license, 12 months for a first refusal, and 18 months for a second or subsequent refusal. This is a critical distinction that many drivers do not understand. You can refuse the field sobriety exercises with no administrative penalty, but refusing the breath test after a lawful arrest triggers automatic license consequences independent of whether you are convicted of DUI. The vehicle search is also worth examining. Under the automobile exception established in Carol versus United States 267US 132 decided in 1925. Officers may search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. The discovery of open whiteclaw cans inside the vehicle implicates Florida statute section 316193 subsection 2 and section open container laws which prohibit possession of an open alcoholic beverage container inside a motor vehicle on a public highway. Now let's talk about the resisting arrest charge. Florida Statute Section 843 02 defines resisting an officer without violence as obstructing, opposing, or resisting an officer in the lawful execution of a legal duty without offering or doing violence. The key qualifier is lawful execution in Tilman versus state 944. So second 1176, the Florida District Court of Appeal held that resistance is only unlawful if the underlying police action was itself lawful. If the arrest was unlawful, resistance may be legally protected. In this case, the charges were ultimately dropped for lack of sufficient evidence. That outcome does not mean the arrest was unlawful, but it does raise legitimate questions about whether the totality of the circumstances, as documented, was strong enough to sustain the charges beyond a reasonable doubt. Grading the officer, the initial stop was legally justified. The DUI investigation followed recognizable probable cause indicators, and the officers articulated their reasoning throughout. However, the resisting charge, which was later dropped, suggests the force or the documentation around the arrest lacked sufficient clarity. The officer receives a B minus, grading the driver. The driver declined field sobriety exercises, which is a legal right, but several decisions made the situation significantly worse, including providing inconsistent statements, failing to carry a driver's license, and physically pulling away during the arrest. The driver receives a D+ hand behind your back. Do it right now. You understand me? You're going to get hurt. >> Stop. Stop. >> Are you kidding me? >> Once you pull away cameras on you. >> Yeah, we do. And it's going to show you acting pretty ridiculous. >> Ridiculous. >> Ridiculous. How? >> Like you were just resisting like you were. >> Okay. Well, I have to pee. Well, you get pee at the jail. >> Yep. >> Or right now. >> No, you can do that, too. That's not going to help your cause. >> What the? >> Put your legs up underneath you. Roll over to your side. 27. >> Roll on your side. I don't really want to have to yank you up by your arms, ma'am. Roll over to your side, please. Be a big adult. Thank you. >> Be a big adult. >> Yes. All right. >> Threw me down to the ground. You resisted the police officer. >> Okay. We're not going to This is a people's court. You're going to get the Patterson to search for >> 1 2 3. >> All right. Stand by. Going to have a female searcher. Okay. >> Okay. I have to pee. Well, >> well, what? >> Stop turning around on me. Do >> I pull my pants down? >> No, I don't have to do that. >> Okay. So, I have to pee. >> Okay. With loud bathrooms here, so you're going to have to wait. >> Yeah. Let me see. >> Yeah. That looks like overspray from being built. >> Could be. >> That's all overspray. So that's not >> I'll probably take a picture of that just in case we get a >> signal one >> later on. Yeah. >> A lot of stuff going on there, guys. >> Yeah, I smelled it, too. >> Yeah. As soon as you Yeah. Yeah. Absolutely. And everything I saw. >> So, we got a little bit of cash. We'll just have to count and make sure. >> We'll do it in front of each other. >> Uh >> Yeah. >> Probably have Patterson do the coaches for me. That way I can get out of here. >> Yep. So once you get here >> no >> do not over there. >> Y >> uh >> let me take a picture. >> Thank you. >> Let me grab my camera just >> just for take pictures. >> Find a lawyer. >> Okay. You'll get a lawyer. You just call him up tomorrow. >> It's going through it. So that's too bad. >> Oh yeah. Okay. So I'm Sergeant Robert Gay. I'm the supervisor here. So, um, >> yeah, friendly at first, >> right? I I was friendly the whole time. >> I get it. I get it. I get >> I was friendly all the time where you resisted. Okay. When >> I'm resisting resist off >> Well, resisting is when you pull away from an officer. That's >> resisting. Pull away. >> You know what? You can you can say what you want. The camera's going to show it. And then the camera's going to show your behavior right now. >> Wish. >> Okay. It's going to We have We have plenty of cameras here. >> That's okay. >> Yeah. And it's going to show you how you work, how you're acting. Okay. >> And it's going to show the White Claw bottles in there. The White Claw can hands the empty White Clock fans in there. >> So, >> yeah. >> Y >> I'm just going to take some pictures. >> Drunk. >> You can let go of my >> I'm not going to because you keep pulling it away every time. So, I can't trust you to stand here like an adult like I said earlier. >> Oh, yeah. Cuz I'm not an adult. How old are you? 23. >> 24. more. We got plenty of White Claw in here. We got three bottles of White Claw back. Three cans >> one again. She did say she was grabbing a friend, but I got a whole empty. >> There's white claw all in here. You can let go of my arm. >> No, I will not cuz you keep pulling away from me, >> dude. Can you hold on the other one then? Cuz you're squeezing that one. Then >> stop pulling away from me. >> Hey, can you grab on the other one? >> No, you can stand here. >> Dude, I have no feeling in that one. >> I'm not I'm not holding you that hard. Okay, stop. >> You are literally you are. >> Okay. Well, when you're an adult and you stand, you don't have to have a police officer hold you. >> I am an adult. >> You're not acting like one. So, >> how's that? pulling away, fighting with us, driving drunk. >> Hey, >> dude. What? >> And you think it's funny? That's great. >> I think you're funny. >> Well, thank you. I appreciate it. >> Hi, Jessica. I'm Deputy Patterson. >> Do you have anything on you that's going to poke me or stick me? >> Okay. >> Yeah. >> I just have the key. real quick. >> Okay, you can let go of me. >> I'm not going to let go of you. I'm just telling you that right now. >> You can let go. >> I'm not going to. No, I'm not. Sorry. >> You're hurting me. Just chase the vehicle. >> Relax. >> You don't have a bra just so got 20 here. >> I'm a waitress. >> We're just counting the money. >> Just counting your money. front of the camera. >> We got to We got to count it. >> 25, right? >> 58 bucks. Canada, >> but I got to go to New York first. Make sure there's nothing in there. >> Which car is yours? This one? Yeah. Right. >> Okay. Is that a lot? >> Yeah. Can you fix the shirt when you get a chance? >> Don't worry, Camera's coming. I think I'm looking. >> Do you guys understand? I can literally hear everything you're saying. You read Whatever. Whatever. I know. I already know. I know. I know. Excuse me. >> Yes, ma'am. >> Can I have somebody come get my car? >> No. It's getting towed. >> It's getting towed. Why is that? >> Because it's getting towed. >> Why don't I have the option for somebody to come pick it up? Excuse me. >> What's up? >> Why don't I have the option for somebody to come pick it up? >> Where are Where's your friend at? >> Excuse me. I live here. I know. What are you looking for, dude? What are you looking for? >> Don't worry about it. >> 27th century. >> I know you don't think I'm a human being, but I am. >> No, you are. But we can't pee here in the woods. >> Why not? >> Because we can't Every stop like this one contains lessons, not just for the people involved, but for anyone who drives. These are five things this footage makes undeniably clear. And knowing them before you are in a similar situation is the difference between a bad night and a far worse outcome. Lesson one, speed creates the encounter. Under Florida statute section 316183, driving 31 miles per hour over the posted limit is not just a fine. It is a mandatory court appearance. Every subsequent problem in this stop began with that decision. Lesson two, inconsistent statements hurt you. Under the fifth amendment to the US Constitution, you have the right to remain silent. Providing contradictory answers about where you are going, who you were with, and why does not create sympathy. It creates probable cause. Lesson three, know the difference between voluntary and mandatory. Field sobriety exercises are voluntary under Florida law. The breath test after a lawful DUI arrest is not. Confusing the two can cost you your license before you ever see a courtroom. Lesson four, physical resistance is almost never the right call. Florida statute section 8432 makes even non-violent resistance a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. The courtroom is where you fight the charge, not the roadside. Lesson five, carry your documents. Florida Statute Section 3221 15 requires every licensed driver to carry their license when operating a motor vehicle. Not having it on you eliminates one of the simplest ways to establish credibility during a stop. If this breakdown gave you a clearer picture of how DUI law actually works in practice, subscribe to our channel. We analyze real body cam footage through a legal lens so you understand your rights before you ever need them. Leave a comment with any case or legal topic you want us to cover