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Edit Transcript - Officer Calls Man's Lawyer for Him During Drunk Driving Arrest
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Officer Calls Man's Lawyer for Him During Drunk Driving Arrest
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what are you doing listen you okay yeah i'm fine you've been driving down the wrong way the freeway for like five miles buddy can you undo a seat belt there come here i'm going to take you out in the handcuffs for a second try to figure out what's going on all right yes what's your name steve how much have you got to drink steve not much how much is not much you got the right hand i [Music] come on out here bud [Music] turn around for me turn around you're having a hard time standing woo smelly alcohol [Music] [Music] this is steve on the evening of january the 27th 2022 at approximately 10 46 p.m the columbus division of police received no less than 17 calls to 9-1-1 reporting a wrong-way driver on the freeway officer lang with the columbus division of police freeway division located steve and attempted to stop him by driving straight into steve's path steve avoided officer lang's attempt to stop him and continued driving the wrong direction on the freeway into oncoming traffic officer lang turned around on the freeway and attempted to pit steve steve was determined to continue driving the wrong way on the freeway a short time after the pit attempt an officer from a neighboring jurisdiction was able to pin steve's vehicle to the burn and officer lane was able to seal the deal during officer lang's investigation into steve's suspected drunk driving steve asked to talk to his attorney realizing steve was not likely to agree to take any tests officer lang called steve's attorney and allowed him to speak in private after talking to his attorney steve refused to submit to any test including a breath test steve's license was placed under suspension for one year due to the refusal he was issued a citation for ovi operating a vehicle impaired failure to comply and wrong way on a highway steve contested the charges in court and pled guilty to an amended charge of reckless operation of a motor vehicle all other charges were dismissed steve paid 552 dollars in fines this case is now closed henry william frank 62 46. i'm going to try to get a try to do a pit on here [Music] [Music] [Music] [Applause] open wow hands open it up what are you doing listen you okay yeah i'm fine you've been driving down the wrong way the freeway for like five miles buddy can you undo a seatbelt there come here i'm gonna take you out in handcuffs for a second try to figure out what's going on all right yes what's your name steve how much have you got a drink steve not much how much is not much you got the right hand i [Music] come on out here bud turn around for me turn around you're having a hard time standing woo smelly alcohol [Music] [Applause] [Applause] [Music] to pit him with all that traffic i raced up to the turnaround yeah i was there with the stop stick but you guys like flying by [Music] holy moly that was the worst i've ever had it yeah we passed you did you see i couldn't get yeah but traffic we paralleled him right at westerville okay and then i'm like wait there's a turnaround steve are you injured at all buddy are you injured i am not injured where are you coming from tonight do you know where you're coming from yes where were you coming from um i was coming from the uh okay steve this is the deal we're gonna put you here in my car here okay yes all right come on you got anything you actually know about steve no i'm good all right he's gonna flip around to the other side i'll need to have a super body come take pictures with 622. can i get a supervisor up here [Music] yeah i got it well i can't yeah whatever well i see that i couldn't after i i see this yeah hannah came right up it worked out great come on over here steve yes please okay how old are you steve i'm 53 okay i'll get it all right you got you got any knives or anything in your pockets you know about no i have nothing in the junior that we're worried about we're okay good good where do you live at steve i'm in uh the worthington north worthington north you know where you're at right now by chance um no you have any idea where you're at did you see all those cars coming at you you see you went around all those cars you almost got hit and had a head-on several times by a semi you went right by me with my lights and beacons on you didn't see any of that i'll be quiet right now i don't know okay okay i just wanted to make sure you're okay get a medic up here just to check him out yep make sure it's not something else but the alcohol is pretty strong all right see i'm just gonna check your pockets real quick okay [Music] [Applause] this your id and stuff in here steve yeah that's my wallet oh my god my id okay i just need your driver's license out there it's in there okay is this are you the owner of the vehicle steve yes please okay all right [Music] did you stay for the whole game the blue jackets game i did yes okay which way do you normally go home when you leave the blue jackets game uh 315 north uh-huh [Music] 315 north yeah then i turn left on the uh towards my home towards your home okay what's your address uh club view i got club view club u okay uh i'm i'm on blackstone i'm standing in the netherlands okay steve go ahead and have a seat there for a second hold on for a minute i'm gonna i'm gonna check your these cups out the reason why i put the handcuffs on you is i didn't know what was going on okay you're driving down the wrong way the freeway and then like we tried to stop you you didn't stop okay all right i'm surprised by that i apologize well you almost got yourself killed and other people killed tonight steve i know me neither hold on for a second i'm gonna take these off of you okay you're being cooperative now all right i couldn't get it i i couldn't get a pin in with that traffic coming to me at that curve right then well that's what i was telling him i'm like there is a cut in the wall yeah i'm gonna get up there and see yeah get the stop sticks out but he go ahead and have a seat in there for me steve go ahead you're good go ahead have a seat may ask yeah yes i asked what what because it sounds like a where am i at you don't know where you're at you're driving you're at 270 161 you drove eastbound in the westbound lanes of 270 from sawmill to here until i had to stop you okay i had to put a pit on you to get you to stop because you would not stop okay okay go ahead and have a seat there for me okay [Music] i think that's probably the most i've been scared i couldn't [Music] he he went right by me you've got your backseat yeah should be so you've hit him yeah i'm coming over yeah the perfect timing [Applause] all right yeah i couldn't get him up air pitted because i had too much traffic in that curve i had that and cars coming out spit yeah i pity okay he's got damage to his car you can see the skid marks i'm sorry go ahead well my boss is gonna be pissed why because i'm way out of my hey this is life-threatening no no no no no no no no you can't let this good no matter where you're at he got a problem with this i just want to make so you hit him yeah right keep going right yeah for somebody he did a pretty good job recovering from that didn't he because i hit him i got him good [Applause] i did okay they're in route good i just want to know you buddy that's it then uh like i said i've i tried to get the car as i got him and i came around the cruiser [Applause] unbelievable [Applause] hey steve i'm gonna have medic coming over here i want them to come up here and evaluate you real quick okay yeah a medic why um well just because of what's taking place tonight i just want to make sure you're okay okay okay they're just going to maybe check your blood pressure make sure you have a high blood pressure or anything like that are you a diabetic or anything like that no no i'm good okay so just hang in here for a second okay i'm gonna come and come in here and i'm gonna talk to you a little bit about what happened here tonight all right all right okay scared as i've ever been serious yeah when you have traffic coming at you in semis and he's literally i don't know how he didn't hit a car head on twice down here well i saw he wasn't even in the hammer lane he was over in the sky [Applause] hey steve come on out here for a second i got the medics coming over here they just want to evaluate you make sure you're okay all right all right i'm just gonna kind of help you out here a little bit all right it's fine come on we're gonna go right over here for me okay there you go [Applause] when do i get a lawyer when you get a lawyer yes um you get a lawyer when we're all done go ahead and step up here for a second right now we're just making sure you're okay steve [Music] there we go you're up there thanks one more all right so you just have a seat right back here okay [Applause] [Music] all right [Applause] you see he's alright yeah he didn't want to give his uh blood for a check of sugar level he did he's easy he doesn't know yeah okay he just but they finally got it after telling him you know huh medic 28 but i didn't uh i didn't tell him just tell him he's been evaluated [Applause] [Music] it's in the middle um you know when you first saw i know you were down by cleveland cleveland uh westbound on i was going westbound he's coming he's coming at me like this i see him coming so i tried to get him over to the shoulder of the wall with my cruiser and then he he just squeezed right by me because i wanted to put him in the wall i couldn't get there fast enough to get him so i turned around i had no choice because this traffic was heavy right he would have hit somebody i don't know how we didn't hit it up here in that curve right i was trying to get him before the curve the first curve but then i had too much traffic to fit him so i had to wait till the straight away and it worked out great because the hand it came right up yeah after that so okay well yeah i don't know how if you look at the video i think so when you looked around it was down by cleveland yeah and it came back yeah how fast you think he was going he wasn't going very fast but 45 40 45 but i had to stop and get myself make sure i wasn't gonna get hit turn around but he was you know he just didn't stop it's like his head like this the whole time and then i'm behind him light sirens going up front words didn't stop backwards got behind nothing like i was not even there yeah yeah he wasn't fleeing or anything he just was not he was like he was in his own little world i'm 622 myself and the 637 is taking the driver down to uh western density fields location on the garage [Music] all right stephen we're going to come out here and we'll do some fields here check you out here a little bit all right go ahead and swing your feet out sir i don't what's what's going on sir i'm gonna i'm gonna check your eyes and i'm gonna check and see how you're doing with uh your balance and stuff see what's going on here with with you tonight okay but okay okay just just come out here the front of my car here come on over here come on over here stephen walk up here stephen right here steve all right do me a favor see you put your feet together like this for me i want an attorney okay this has this has nothing to do with it i wanna you don't want to do the test no i i want an attorney okay you can have an attorney because we can call one if you want i don't know i want sam german i don't know what i'm doing okay basically what you're doing right now is is called a fuel sobriety test i understand that so so you don't want to do the test no i don't okay i want okay i i want counsel okay you can have counsel you can have counsel to see which should do this test i don't know okay this has nothing to do with you should or should under but i'll let you got your phone you got a phone let you call sam real quick no you took my phone no i didn't have a phone it was in my car i was still in your car then okay all right i don't have it okay i want sam schermanski i want to know if i should or should not do this okay we'll go back to the car i'll see if i can find his number i'll call him real quick for you thank you all right come on thank you strong yeah very strong yeah he's he's he's so strong you got sam's number by chance no i think i used to have it i mean i do not well we know what sam's gonna tell him right i don't know yeah okay i don't think i've ever had it i think at one time a long time ago let's see if he's got a service hey uh this is officer lane columbus police department trying to get hold of sam hey sam hey i have a gentleman here that's requesting he might be one of your clients um stephen moore he's requesting you um i basically got him driving the wrong way on the freeway had a pity and um yeah so he's a little confused at some points um he's in the back seat of my cruiser right now um but he wants to speak to you so what i'm going to do is take you off your phone and i'm going to let you talk to him for a second okay thank you sir all right give me a second no problem okay i took you off speaker phone and this is sam so go ahead and you can talk to him okay okay thank you so much all right go ahead and talk to him hello yeah just in case so if we ain't going do fear i'll just go through him here and ruin his constitutional right to be done with it i figured i'd give him the option to talk to his attorney first we're good okay okay are you still on the phone no he's out okay all right so what what what do you want to do i don't want to do any tests okay very good okay so at this point i'm placing you under arrest for operating a vehicle under the influence okay okay i'm gonna read your constitution right since you've already spoke your attorney um you kind of know what that is yes okay then i've got some other paperwork to read to you even though you don't want to take a test i still have to tell you the consequences of refusing a breathalyzer all right and after we did all that i'm gonna do some paperwork and what was our goal remember what our goal was i don't know what our goal was to get you home tonight so my lieutenant's here um i'm gonna read your constitutional rights and then um he wants to ask you a little bit of something about tonight okay it's administratively it's not criminal part of it okay give me a second did you complete high school steve did you graduate high school okay do you hate college graduate okay what four-year degree or yes sir okay [Music] now let's see 1207. okay okay so listen steve this is your constitutional rights says before we ask any questions you must understand your rights you have a right to remain silent and then you say can be used against you in court you have right to talk to a lawyer for advice before we ask you any questions you have a right to have a lawyer with you during questioning if you're unable to pay a lawyer a lawyer will be appointed for you prior any question if you so desire if you wish to answer questions now without lawyer president you have a right to stop answering any time you also have a right to stop answering any time until you talk to a lawyer you understand those rights okay and since i've already let you speak to your attorney i think we're good to go right okay all right so the reason why i asked those questions you are in my custody now i have placed you under arrest and there's some questions they want me to ask you a little bit about tonight also okay so that's done okay the next form i'm going to read to you steve there's a little length you see this form right here this is a what they call bureau motor vehicles 2255 form basically what it says it's going to request you to submit to a breath test tonight there's consequences if you don't give it to me let me read it all before you tell me no okay because i still have to read it regardless okay okay so what this says is you're now under arrest for 213301a1 columbus city code operating a vehicle under the influence of alcohol a drug or a combination of them operating a vehicle under the influence of this controlled substance or listing metabolite controlled substance operating a vehicle after underage alcohol consumption or have a physical control of the vehicle under the influence if you refuse to take any chemical tests required by law your hard drive and privileges will be suspended immediately you'll have to pay a fee to have the privileges reinstated if you have a commercial driver's license refuse to submit to the test or test you'll be placed outserved for 24 hours you will be disqualified for operating a commercial motor vehicle period not less than one year and you'll sur and you will be required to surrender your commercial driver's license to me if you have a prior conviction of an ovi obuac or operating a vehicle under the influence of this controlled substance uh listed in metabolite of controlled substance under state of misbelong and proceeding 20 years you're now under arrest for a state ovi and if you refuse to take a chemical test you'll face increased penalties if you are subclaire convicted of a state obi if you have previously pled guilty or being convicted of two more ovi's wac or cleveland offenses in the previous 10 years or pled guilty or being convicted of five or more ovi's wacs or equivalent offenses in the previous 20 years or pled guilty of being convicted of a felony of any of the above violation and you refuse to submit the chemical test required by law i'm authorized to use whatever reasonable means are necessary to ensure that you submit to a chemical test last paragraph says stephen if you take a chemical test required by law and are found to be at or over the prohibited amount of alcohol a controlled substance or metabolite of controlled substance in your whole blood blood serum plasma breath or urine a set by law your high driving privileges will be suspended immediately you'll have to pay a fee to have the privilege you've pre-instated if you take a chemical test you may have an independent chemical test take your own expense that means when we're done here tonight you go to the hospital have tests done your own expense okay down at the bottom of this page you see this page right here stephen on the right hand side it says prohibited concentration of alcohol based on prior conviction guilty pleas in 10 years have you ever been arrested for an ovi yes sir okay so today i'm going to ask you to submit to a breath test tonight stephen if you give me a breath sample and you're over the legal limit by state law and you have no prior convictions you're gonna have a 90-day driver's license suspension if you give me a breath test and you're not over legal limit you do not get a suspension however if you had one prior and you're over it's a one year life suspension two priors or two and three priors or three over here on the left-hand side of this paper it says for refusals based on prior refusals convictions and guilty pleas in 10 years so stephen i'm going to ask you to submit to a breath test you say no officer lang i don't want to give it to you and you have no prior convictions you'll have a one-year driver's license suspension starting tonight if you have one prior you're going to have two year license suspension two priors or three and three or more priors is a five-year license suspension so i'm asking you to submit your breast sample tonight you want to give it to me yes or no okay you realize at this point you'll be suspended from driving correct for one year yes okay all right [Applause] all right my lieutenant's here he wants to ask you some stuff tonight about tonight because i had caused damage to your car my wife should be there all right stephen all right so you're being excited for driving the wrong way on the freeway okay ovi okay and uh okay okay so what's over you guys operating the vehicle under the influence okay and um signal disobey failed to pull over when i gave my lights and signals for you to uh pull over you didn't do that you continued okay okay um so that's what you're being charged with tonight this is the form i read to you i request you to submit to a breath test yes please okay um so at this point you're suspended you cannot drive until at least until you go to court next thursday and ask for driving privileges okay thank you all right so when you call see them just give them that information okay yes please all right you have any questions for me right now no i know it was a lot a lot of commotion a lot of stuff was going on it's all new to me so okay again like our conversation on our conversation if you got that you probably get that taken care of okay yeah all right sir thank you my friend all right i appreciate your help all right you good all right i'm gonna head to headquarters and finish up thanks [Music]
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