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I know my rights I'm Born to Race here in Florida I don't know where the you're from no I want to L this is what we're gonna do Are You Gonna Stand Here spread your legs no I'm like peeing my pants I'm literally peeing my pants oh then you're going to be peeing on yourself on January 15 2023 at 2:30 a.m. this woman crashed into a parked car after police determined she was uninjured and had processed the damage to the vehicles he was apprehended for a possible DUI I'm offer that's me how you doing great how you what's your name hey you want want to stand on the sidewalk that will get out the road something hey we can we can walk over here to um just just a sidewalk right here huh the side well I'm trying to get away from the car crash cuz we're still in the roadway you're you're fine you're fine Okay no Okay so here you just stand in front of my car what's okay even what's what's going on well I was leaving leaving work here and my car was P parked behind there because there's no parking and I had to come up this way and there was an ambulance parked right where that officer or that car was right there so I went around the ambulance and and not on a full speed or nothing but I did not see that car so I did clip it a second I'm at full fault I do get that but I don't believe that I was in any danger of anybody or anything okay all right you're not hurt at all are you I am not no okay so offal Whit um out the traffic crash investigation in reference to um the traffic crash okay so our traffic crash investigation is over okay um what I'm here to conduct is a DUI investigation okay okay reason being is that um I can smell the strong order of alcohol on your breath okay your eyes are red and watery he Val the officer read her Miranda rights but she refused to speak until she had spoken to a lawyer officer explained your statements can and will be used against you in court he then asked do you understand in this case her refusal to answer whether or not she understood the Miranda was not an issue as the United States Supreme Court has ruled that citizens have the right to remain silent without Council present however on a traffic stop drivers are required to show a valid driver's license car registration and proof of insurance to stop answering at any time you also have the right to stop answering at any time till you talk to a lawyer do you understand each of these rights have explain to you a verbal yes or no that way I know that you understand a verbal yes or no unless I have a lawyer I'm not speaking so do you understand each of these rights have a no unless I call a lawyer okay wait we we can I call my lawyer we'll go step by step okay I'll call my lawyer okay here let's no I'm going to call my laer so let me get through this first and then you keep doing that by okay I need you to I need a lawyer present okay I need a lawyer present so could so could we move forward with the investigation please not unless I have a lawyer present okay do you understand each of these right I have explain to you is a simple yes or no it said no unless I have a lawyer present okay what part don't you don't you understand I need a lawyer present okay so you have the right to remain silent and D say can use unfortunately at that early hour few lawyers are picking up the phone but that does not prent prevent the officer from detaining her if he has reasonable and sufficient cause to believe her to be under the influence and a threat to Public Safety when operating a vehicle I don't respond to anything unless I have a of President is this yes or no no so you don't understand your rights what part don't you understand I understand that I'm not speaking unless I have a l president okay so as I explain cond a d investigation okay based off of my observations I believe you might be a parent okay would you be willing to participate in F sobriety exercises to determine your ability to operate a motor vehicle safely not unless I have a resident okay so in regards to fil sobriety you don't have rights to a lawyer I have rights to my not do F to my own rights yes I do so no I will not so you can so if you if you refuse sobriety which you cans I will have to make a determination based off of what I know thus far which is that the O of alcohol is coming from your breath your eyes are blood shot red and watery and you crashed a motor vehicle so do you want to participate in fiety no I have allergies and that's why my eyes are red and there was also an emergency vehicle parked right so I have reason to believe but she might be in parent okay to dispel that blocked my my view of the whole Road okay so to dispel yes my might be impaired would you be willing to participate in F sobriety exercises not unless I have a lawyer present so is that yes or have a lawyer yes or no yes no can I call yes or no it's not a yes or no okay I'll explain to you don't have rights to inter you right now yes I do the officer was right field sobriety test is time sensitive and she had no right to wait for a lawyer at that exact moment however she could refuse a field sobriety test in most States but must submit to a calibrated a breath test at the station or in some cases at a hospital or she could have taken the test there and hoped that it showed her to be sober and if again I repeat with unless my lawyer so are you going to say I'm resisting so the next thing that come out your mouth if it isn't yes that you willing are then resisting then it's going to be taken as a no so do you wish to participate and feel suris can I call my lawyer okay turn put hands on your back for me can I call oh so now I can't call my lawyer so I am placing you under arrest for DUI okay Let It Go please can you let it go please no can you please get this abil so she can get my car that's not true it's not now all of that is no it's not it was not just in the purse just put it there and that's my camera too right there camera right there I have the camera on cam yeah so that fall that purse right there yeah but that wasn't fall there me hey so I am so if you can talk to Zoe and Brandon and have to move my car they know where I live I'll take care of you so I'm now requesting you submit to a lawful breath test for purposes of determin alcohol content not unless I have you provide me with the breath sample not unless I have a lawyer I've already explained that to you okay and I explained it to you not unless I have a lawyer okay perfect here just step my car please here just stand here for my car not all right right can you get my person phone and stuff oh here can I grab her stuff no it's got to go with her it's got to go with her yes sir car that why why why can't you allow someone to do that I've done that before for somebody so listen if you refuse to take the test I have a question your driving privilege will be suspended for a period of one year off list or 18 months if your driving privilege has been freely suspended for refusal to submit to a lawful test are you reading the awful list breath urine and blood additionally if you refuse to take the test I have a question of you and if your driving privilege has been prely suspended for refusal to submit to a loal test of your breath ear and blood you will be committed a misdemeanor in addition to any other penalties which can be opposed by law refusal to submit to the test I have requested is admissible into evidence in any criminal proceeding do you refuse to submit to this test I request a lawyer okay so you don't have rights to an attorney at this point I do have rights to an attorney you're not being interrogated okay but I will not speak any further until I have an attorney present okay so you understand license I will not speak anymore unless I have an attorney presid so understood okay so I will not answer yes or no to that until I have an attorney present and you refused to let me call my attorney so listen so you're refusing okay so anything other than a yes once again will be taken as a no so will you Prov problem me with the breast sample I want my answer again okay once again you don't have right to an attorney right now do you will you provide me with the breast sample not unless my lawyers it's just yes or no why do you make it sound difficult just yes or no because I have a right to an attorney yes or and I asked to call my attorney you're not being interrogated unless I have a lawyer present so no okay I'm going to take no content okay I'm going to take your it's fine let me call myne I'm going to take your silence as a no why are you pulling me into the front seat a female AV no I just want my attorney if my attorney is present I will answer all questions the right to an attorney right now you're not being interrogated we're not going to ask any questions that will solicit a criminal response he's asking you questions he was asking questions I want my attorney like I don't feel like I should be arrested it's understandable I think one's on the L where's your idea yet I put uh her person bag on I gave that to you the first time I have her ID I'll give it to you okay all right so so I need you tell what what's your name what's your name what's yours Smith also Smith what's your first name Smith yes my last name okay how old are you 26 I'll be 27 okay so you have you have understanding of what's going I'm Bor here I understand okay so you understand the whole purpose of this right now yes I understand my R also okay and I understand I am entitled to word so we're not still sting any questioning pertaining to any um like we're not interrogating you okay okay so you don't have the right to an attorney at this point now if we take you into a interview room and we're going to interrogate you by a crime me in to jail yes you're under arrest so I'm not speaking unless I have an jorney present cuz this is insane hey to if I have't advised and you guys aren't letting anyone take my car to even move it I live right up the road so per policy if the if the driver of a motor vehicle is arrested the car will be told unless you have somebody to soberly move it I've done it before that's not the that's not the policy listen I I've done it before I'm Bor I'm born and raised I have to follow my Department's policy do whatever you got do I have cameras watching and and me too I don't I don't want to get fired and you won't get fired and I will probably not be held against us because I said I wanted an attorney ma'am listen okay I won't speak unless I have an attorney okay I already explained to I have rights to that you're not being attari do you do you understand when attorney when an attorney is required yes or no you just had to read my rights to me off a piece of paper yes because you didn't memorize them you didn't have them memorized so you're a new cop what states that you have to what cop is going to arrest me that has to read their the Marin rights off a p paper anyone no they haven't memorized okay okay I don't know what to tell you well I know what to tell you you literally just had to read my Miranda rights mirand rights yeah but you had to recite it off a piece of paper because you don't have it memorized so you're a new cop you have to be a new cop I know my rights I'm born and raised here in Florida I don't know where the [ __ ] you're from okay but I know I'm entitled to a lawyer and I could have c i you guys didn't even give me the chance to call my lawyer and I could have got him on the phone and I could get my car [ __ ] there's a few people inside that could move my car right now but instead and I've moved people's cops or cars when they got arrested and the cops you move cops cars I've moved my friend's cars when they got arrested and the cops have let me do that all right so I know that's like you guys are just being really EXO right now we're not listen no you aren't we're not you're you're in a public roadway right now okay I know where I'm at move your car where to my house no that's not an option yes that does happen option it's happened a few times well I'm sorry I'm sorry it's not going to happen this time okay yeah so you guys just you're going to jail for d L your car is being tow okay that's just point point bottom line you can take me to jail for a DUI but can you let somebody take my car home your car is being told okay why can't someone take my car home this is last time I'm going tell you okay I don't want to go back and forth you're old enough to understand your car is being told you going to jail there's no reason that I can understand I'm going to jail but why can't someone move my car if someone can legally move my car because that's not what the policy says no more questions okay I'm not you happen I have to search your sweetheart remember you just talked me over there like an hour I know can I like say for one thing well uh whatever he's asking you I just I I'm here to search you okay cuz I I have to do that a female has to search a female okay do you understand that oh I understand but it's cold as [ __ ] out here right now are you going to a strip me like outside right now of course not no okay can I say this one thing to you of course because I work here I work everywhere okay I have someone liable to take my car home okay so now that's not a thing so that is up to the investigating officer and our policy dictates if somebody is under arrest um then the car usually is tow it was up to the arresting officer how her car got moved out of the roadway and where it was taken given that she had caused damage to another car it would be standard procedure for the car to be towed and impounded as evidence pending examination it's like at your job you have to follow certain rules and so those rules we have to follow as well does that make sense no it totally does make sense but there's been incidents like and I get I'm born raising so I've had the opportunity and stuff like that to take friends Cars home when they've been in situations officers have let me take their their car that's in this circumstance and we have to go based upon our policies that govern us right now and today I I can appreciate and understand that in the past you may have had a different um you know circumstance or different situation but we have to follow the policies that our boss has put in place for us so and can I ask you another thing too because I told him okay that I will not speak unless I have a lawyer and he said I was not entitled to have a lawyer so is that correct or incorrect I'm not sure where we are at in inv someone knows if I can if I'm entitled to a lawyer so that want investigation I'm in hand Rey listen he's answering your question feel sobriety and you're and you're me asking you for a breath test you're not entitled to an attorney at that point we're not we're not interrogating you okay we're not asking you any questions one second before I was even handcuffs I tried to call my lawyer and you guys thre me in handles okay you're detained for a dii investigation he's asking you if you wish to submit to a breath test um an attorney is not applicable to a a breath sample you understand because we're doing a DUI investigation that's what he's telling you in this stage of the aspect if we were asking you it was before this okay if we're asking incriminating questions or interviewing you then we would be reading your Miranda right now he's discussing you already me my Miranda okay and right now he's asking if he wish to submit to a breath test which is not no he asked me that before okay he's asking you that now is that correct no he asked me that like three times prior she she's just stuck on this whole so I tried to call my lawyer a few times okay and he did not allow me to do that okay C me then you can call your lawyer after you have been processed that's that's the situation we're in now do you understand well I should have had the we don't we don't stop our arrest so you can call your lawyer that's not help you are able to contact your attorney after you've been processed you conduct our investigation and that's not depriving you of your rights you still have the right to do that but while we are in the process of an investigation we do not stop and allow someone to call their attorney in this situation okay so that's you know he is following the law and he is an expert at what he does and I trust he just had to read Miranda rites off a piece of paper he doesn't have the M that's our Protocol no he doesn't have the memor we're not we always read it off of a paper we want to know why cuz then it's exactly the same each time and that's our protocol because we don't deviate from it it's a pre-printed text but that has nothing to do with his ability to carry out his job and I'm not saying that okay I would hope not because that's not not at all app inform no I want to lar this is what we're going to do you're going to stand here spread your legs no I'm like peeing my pants I'm literally peeing my pants well then you're going to be peeing on yourself but I need you to spread your legs cuz you're getting searched do you understand my hand right now do you have any I'm not resting rest okay well I asked you to stand over here you said no can you stop holding my arm like that that hurt okay then comply comply I'm not resistant you have anything on you that is going to poke or stick me if you have underwire in your bra anything inside of your bra that I need to be aware of I had to search that's yeah my bra has a regular under Wier under do you sometimes ladies tuck money or something in the bra do you have anything in your bra I don't know iight I don't know if I have money in my [ __ ] bra right now right I don't know okay so you don't know if you have things in your bra yeah cuz I work tonight I okay do you normally keep money in your brao yeah when I work I put my cash when I work a lot of okay we work different ships and we have to we have to pull different monies and stuff I don't know I'm not going to EXP you I'm going to pull your T-shirt down but I your sweatshirt's thick so I need to check the pockets underneath do you have any drugs or weapons on you that I need to be aware of not that I'm aware of because I was not expecting this okay well all right so I'm going to check this way cuz I can feel under your shirt better and I don't want you to Expos if there's money in there ton I can't uh feel very well because of the padding of everything okay but I don't feel anything under the wire all right I'm gently pull your hair back so I can check your hood okay all right and no other pockets on the inside of your pants dear I'll fix this oh I don't feel my Fe too no I'm not going to do that well why you wanted to search me I just be I have to search you I just well I'm sorry that you did that um well yeah well drinking and driving is also unnecessary can you please stop pulling me I'm escorting you to the you didn't even ask me to move over here please come over here now I'm asking you we're done asking he didn't ask me to but I did and you didn't comply so go in the car please turn if you want to turn around place your butt in the car I comply with you okay place your butt in the car I like can literally pee first because I'm going to pee in this car there for you to pee out here okay I will pee right here no get in the car please sit down in the car I will pull you in the car ma'am can you in the car pleas I am not thank you okay put your food in please can I sit down on it my hair is pulled up and I never I'm trying to put your feet in you're not trying hard enough I am trying to I'm not being you thank okay I [ __ ] deserve to talk to I have a lawyer that will know now now do you and I deserve to have a lawyer present that's a human right I don't know what more you want from me I want you to let me call a [ __ ] lawyer ma'am can you stop with the car please' is your cam Dash on yes okay how have you refused me from my power of attorney yes how many times several right and because of why come on stop out the car please can you step out the car please sure but you've you've refused me for my own power of attorney right correct yes or no yes correct yes for what reasons I will walk all come on you you act like you can't walk well you act like I have no rights I have a lot of [ __ ] rights here I don't want you get hit my car no I it's Ser please don't touch me I'm not running away I I don't know for sure so can I call my lawyer yet no no because of I said so that's not how the power of attorney works that's not how the law works and you know the law I know that you're this is not the law I have a word of voice and I have a oh really yes I should be able to call my [ __ ] lawyer I should have been able to call my lawyer a long [ __ ] time ago oh really get on your C oh we'll play it back for your employer two this is ridiculous tell me about it with a 26-year-old woman that acts like a four-year-old tell me about how ridiculous this is tell me about it right it's not ridiculous I could have been booked in processed and already on my way out and you just did all this extra [ __ ] so go ahead and get me fired and do whatever you have to do you just Tred to get me strapped onto a bed and the hospital I know my rights and I told you know your rights that's good the woman was eventually booked on two charges DUI with a $1,000 Bond and damaged the property with a $2,000 Bond

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