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Edit Transcript - Woman Passes all the Tests but is still Arrested
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Woman Passes all the Tests but is still Arrested
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hands down to your side and make sure you touch Heel To Toe okay once you begin the test don't stop okay okay you understand all that once I get to the end do I stop or no just keep going you're going to go do nine small series of steps and then nine back same way okay you can begin whenever you're ready count out loud [Music] on January the 10th 2024 at approximately 8:33 p.m. officers with the Columbus Division of police were dispatched on a call about a possible intoxicated driver who is involved in a vehicle accident hi uh I'm reporting a uh drunk driver at the intersection of Gemini and um Lyra Drive you what kind of vehicle is it uh it's a it's an Audi SUV what color it's white why do you think they're drunk what's that and so why do you why do you think they're drunk uh because she was just riding on the WR side of the road and pulled her car up onto uh the uh like corner like beach it basically and she's can't stand up and all like all over the place 13 can you run a Washington tag Charles Frank Robert 2045 hello ladies and gent definely I'm yeah 100% I'm the one that white shirt yes a um I'm the one that called keys okay thank you um she was coming this way um can I talk to you in a minute in your how are you involved uh I'm not well I got flagged down over here so I I have coming let me go talk to her real quick do you are you okay with standing by for a little longer she definely you need okay her and other guy okay cuz we're going to want to speak with you okay give me a few minutes hey honey how are you hi you feeling all right your lights on I don't know if you if that was intentional I don't want your batter no I just picked up my friend on the bottom of my car you got from where copy thank you I'm sorry what how did what happen how' you end up on the side i h don't freaking know they said that I was with some or they like you weren't with anybody and I was like yeah I was with my guy friends like no I'm like like were there people in the car with you there one person they said I didn't see anybody are where's that one person is it one of these guys here or they still in the car before way before yeah oh way before okay so were you coming from somewhere what happened just the mall just the mall okay were you with somebody or alone I was with somebody until I got the off okay okay I understand were you in a specific store coming from a specific store or no I say East just at e oh at East how'd you end up here this is a different day oh no I'm talking about today oh today no I just went from work to my house to here for dinner okay you already had dinner or you on the way to dinner I already had it nice where'd you go anything fancy Cheesecake Factory hell yeah I love Cheesecake Factory it was good but I usually I don't know I liked it a lot better but I've had it like every single time it went out and I'm like okay have something different so were you driving on one of these roads before you ended up here how I'm just trying to piece together how this end honest cuz I never come display okay okay um I couldn't even tell you where we are right now to be honest okay but we're at Gemini and Lyra which is Polaris yeah okay yeah I don't know where that even is so do you remember which way you were going nope you don't remember anything I mean I remember I was going home but I was just following my GPS I don't remember where I came from okay where's home for you um how far away probably 20 minutes okay is it like what Westerville or no it's um I say it's like maybe 10 minutes from Polaris okay so yeah we're in Polaris so about 10 minutes from here is is that what you're saying okay okay I'm still a little confused how how you ended up here I know I don't I really don't know okay yeah hello hi she's not sure where she's at um and she's not I just don't know how to get home from here she's not sure how she got here either but I also just moved here from Washington I moved from across the country she said she was at Cheesecake Factory and she was trying to go home but she's not sure which way she was traveling cuz she was following her GPS when she ended up on in the middle of the sidewalk so which I don't know how did you uh eat at Cheesecake Factory you work there or no let me ask you this do you are you a diabetic or take medication for anything I take um did you take that today and you've had nothing to drink so it sounds like from what Witnesses are saying you were in the wrong wrong side of the road do you remember any of that no that's what's weird like you can even drug test me orever whatever alcohol test me I swear to God okay well what I want to do is run you through some tests just to make sure you're okay to drive okay that's fine are you fine to do that yeah I promise I do you need medical attention no you don't need a Medicare for anything didn't bump your head or anything like that no okay that's why I'm like I don't understand are you should owner of the car or does it belong to somebody else it's mine okay thank you what we'll do is you see that wagon down there Cruiser oh you're yes we're going to go in front of there and I'm going run you through some tests make sure you're clear we'll take all right you cool with that all right all right you see the tip of my pen mhm what I want you to do is follow it with your eyes and your eyes only do not move your head okay okay okay all right you see where my flashlight is shining all right this is called the walk and turn test all right what you're going to do is you're going to imagine a straight I was head you're not yet oh what you're going to do is you're going to imagine a straight line from where you're standing to the front of the cruiser okay okay what you're going to do is put your left foot on that line right foot in front of your left foot touching heel to toe and hands down to your side I just need you to hold this position like I'm doing until I'm done instructing okay I'll tell you when to begin the test instruction phase right now is just that for you to hold this position right here right foot in front of your left foot touching Heel To Toe hands down your side hold that position till I'm done instructing okay don't start until I tell you to okay what you're going to do is you're going to make nine Heel To Toe steps down and nine back it's going to look like this okay one two three so on and so forth till you get to nine okay once you get to nine small series of steps and you're going to do nine more okay one 2 3 I did three you're going to do nine okay okay so nine down nine back while you're doing this I need need you to make sure that you look at your foot okay mhm make sure you count out loud one 2 3 nice hands down to your side and make sure you touch Heel To Toe okay once you begin the test don't stop okay okay you understand all that once I get to the end do I stop or no just keep going you're going to go do nine y small series of steps and then nine back same way okay you can begin whenever you're ready count out loud three four 5 6 6 7 8 9 1 1 2 3 4 5 6 7 8 all right so this last test it's called the one leg stand okay for demonstration purposes I'm going to stand on my right leg and raise my left leg okay it's it's almost like that okay so what you're going to do the opposite leg you're going to raise it approximately 6 in off the ground parallel to the ground okay and you're going to count 1,1 1,2 13 so on and so forth till I tell you to okay just stop all right let me see your uh watch real quick take off sorry I could but my fingers are frozen so ma' while you're doing this the opposite leg make sure you look at the tip of your foot okay you count 1,1 1,002 hands down to your side 6 in off the ground parallel to the ground 1001 1002 1003 do you understand all that I know you're cold but your hands are not have to be to your side okay hands are freezing you can begin whenever you're ready count out loud 3 4 5 6 7 8 9 10 two 3 4 5 6 okay seven we're going to walk to the front of my real quick okay did I pass all of them what's that did I pass all of them I I'll let you know here in a little bit okay all right now face me again okay what I want you to do on this test all right hands down to your side what I want you to do is this is a time test I want you to close your eyes and tilt your head back okay okay and in your head yeah when I tell you to begin tilt your head back close your eyes and I want you in your head to estimate 30 seconds okay okay when you're done estimating 30 seconds put your head back up and tell me that you're finished okay okay all right okay silver San another silver walking this is the last test okay I'm done this is the last one if I was like drunk like not passing how many tests are there here one there's usually three tests okay all right so we're going to do one more test all right what you're going to do is follow the pen one more time okay I'm going to do a couple circles around your face and then just follow the pen okay [Applause] one more [Applause] time turn around P you're going to be place under arrest okay for operating a vehicle owner and the influence all right can you recogize me we'll we'll do all that okay I literally have not Dr infl just listen to me man like I said just comply with us we're going to get you home tonight okay okay to I'll explain what we're going to do okay do you mind if I take this watch off cuz I don't want to hurt your WR it's I didn't alcohol no no it's it's uh drug related her pupils are the size of Texas yeah I thought so that was my impr I was just stalling and I was waiting for you to get here it's not she may hadn drink or something not smelling anything here she's on top of okay so I'm going to do what I normally do and just hopefully we go to St an get a urine drop and call did you find a gun I didn't go through the car okay but now that she is 3 33 on 35 I can Inc count it and I'll look through the car and we get that way this she says she has a firearm in the car but if you do your own she's not under an ALS which means that gun cannot be held against her all no she can still um you would have to call Gun crimes on that on that one uh but if if she's under arrest for [Applause] uh you would have to articulate a lot and you would have to present paperwork to them they can either probably a DI or prop hand or something like [Applause] that there's the gun [Music] nothing's in the chamber it sucks there you go first name what's your first name Britney okay Britney I'm going to read you your rights real quick okay all right before we ask you any questions you must understand your rights you have the right to remain silent anything you say can be used against you in court you have the right to talk to a lawyer for advice before we ask you any questions uh you have the 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 to any questioning if you desire if you wish to answer questions now without a lawyer present you have the right to stop answering at any time you also have the right to stop answering at any time until you talk to a lawyer okay can you write down the time all right Britney this is called the BMV 2255 okay I can put this on your lap you can follow along if you want okay what I'm reading this to you right here okay say she's taking pictures on her City phone okay consequences of test and refusal you are now under arrest for operating a vehicle under the influence of alcohol a drug or a combination of them operating a vehicle while under the influence of a listed controlled substance or listed metabolite of a controlled substance operating a vehicle after underage alcohol consumption or having physical control of a vehicle while Under the Influence if you refuse to take any chemical test required by law your high driving privileges will be suspended immediately and you have to pay a fee to have the Privileges reinstated if you have a prior conviction of OVI or operating a vehicle while under the influence of a listed controlled substance or listed metaboli of control substance under state or Municipal law within the preceding 20 years you now are under arrest for State OVI and if you refuse to take a chemical test you will face increased penalties if you subsequently are convicted of State OVI if you take any chemical test required by law and found to be at or over the prohibited amount of alcohol a controlled substance or metabolite of a controlled substance in your whole blood blood serm or plasma breath or urine by law your H privileges will be suspended immediately and you have to pay a fee to have the Privileges reinstated and what if it's not if you take a chemical test you may have an independent chemical test taken at your own expense you do what if you take a chemical test you may have an independent chemical test taken at your own expense okay so I have to get one for you guys what's that i' have to get two no it's just on your own if you want to get one on your own with that being said I'm going to offer you to take a urine test are you willing to take a urine test it's a yes or no take Ur test I mean if I don't I go to right I I don't here or there like I told you before when you're out there you can fly we're going to get you home or wherever you're trying to go you're not going to go to jail tonight unless something crazy happens where you're fighting us at the hospital or something the hospital that's where we would do the UR so you're to you don't I I can't tell you that you have to it's up to you if I don't I get a y That's the what I just read to you are the the consequences of testing refusing which one yep my arm literally might beeding which one this one so what we're going to do we're going to take you to the hospital okay s an is not too far away from here we'll get you involved with a nurse that way you can drop urine for us all right your vehicle is going to be impounded keep your rights in mind where is the gun in the car I think it was already located but where is it in my purse in your purse okay huh need yeah so just bear with us for a minute okay can you leave the door open we cannot I'm sorry all right so before I call Gun crimes where was it located in her little purse which is located on the driver's seat okay uh nothing in the chamber three in the mag it's a MAG in the gun mag SE in the gun it's it was a um but it's a shield SMI and shield they're going to ask me what kind it is okay you guys ever clean that thing it gets cleaned just want to have a seat for a I can help this whole thing right yeah just yep there's that so if it's caused by my sleeping medicine but I'm prescrib it I can't get charge right I can't answer that um prescribe to it prescribe to it and allow to drive on yeah I mean that's something that you have to take if it tells you you're allowed to drive on it I mean it is what it is but I don't know what prescription you're talking about and all that so I don't answer that question I guess this is you this is me yep all righty go stand up for I'm going to get you out of these handcuffs all right um when you're done I'm I'm going to stand in there with you but when you're done don't T the toilet do you have to pee right now no can you pee right now I try um do you need some water or anything not help ioset water okay I guess or I can get you a bottle of water that's fine do you think you could pee in a cup right now I guess that's a better question proba not I don't want to pee let me go get you some water real quick okay all right so what happens if I can't pee or don't pee if you don't pee or can't pee we would have to put it down as a refusal it what happens uh the test and consequences is that I read to you the 2255 form I would read the bottom section and basically it's how long your driver's license would be suspended for based on a refusal or test results so my get supended I just do that thing like get out of here I have to work well we're still not taking you home after this I know okay I got a 15 minute drive do their thing it's going to be a couple hours I just so I'm not going to be able to pee I can say that right now my anxiety is not going let me so you're refusing to test I'm not refusing I'm just not going to be able to I don't want to sit here for 2 hours trying to I have to be up 4:30 in the morning and go to work I mean we're willing to sit here as long as you'd like or I know not going to see I mean we are under a time frame but I mean if you need 10 minutes to no it's 9:00 I'd rather leave I'm not like it's not going to happen I just want you to this is on body cam I just want you to know that if you do not give us a urine sample it's going to be down as a refusal and I get my license supended is that what you want to do yeah okay yeah go St on that black line for me your feart know thank you to go all these M this $3,000 of the jewelry dis years please don't lose this what do ma'am we'll have you put on back in go upstairs okay we're going to do this first and then we'll get you to the bathroom upney all right so we're going to take you downstairs we're going to call your boyfriend and have him come pick you up okay we just got to put you in handcuff so we get downstairs policy take this up first m [Music] basement TR guess there's a timer now [Music] [Applause] this [Applause] I couldn't find the alarm you asked for so off the bedroom I couldn't find the alarm you asked for can you wake up day or can you come get me I drove it says your Li's location are both like right on top of me so you guys have to be right here we will get out to the door the street here and be a to say what we'll got to the street here he'll be able to find you Britney was charged with operating a vehicle impaired and failed to control her refusal to provide a urine sample caused her license to be suspended for a period of one year she hired an attorney and agreed to plead the OVI down to Reckless operation she was given a $100 fine in ordered to complete a training class in lie of spending 3 days in jail [Music] [Music]
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