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Edit Transcript - Bodycam DUI Arrest - Drunk 22-Year-Old Asks if She Has Been Arrested
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Bodycam DUI Arrest - Drunk 22-Year-Old Asks if She Has Been Arrested
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run opposite closing 81170 good Riverside and West Lane standby 57 C you hello hi my name is Officer yo up Earlington police division reason I stopped you I checked your speed there on Riverside Drive I did not mean to speed at all okay when I initially checked your speed you were traveling 66 mph and then I locked your speed on my radar device at 63 speed limit is only 45 any reason for your speed tonight no I just wanted to get home okay where are you coming from tonight from a friend's house okay how much you had to drink not much just a a glass or two of wine okay about how long ago is that I'm fasting right now so about 8 or 9:00 okay have have you had anything to eat since then no I'm fasting right now so I can't okay after 8:00 right now okay uh we always ask are there any weapons on your in the car today no sir okay um I see you have your driver's license you have proof of insurance for the car as well okay can I take the driver's license there yes the driver's license but you like the insurance is on my phone uh yeah if you have it that would be great and then just a couple quick questions um have you been in in an accident or anything recently had any recent head trauma concussions anything like that okay the only reason I'm crying is because I'm on a program right now with your doublin program of your driver's um diversion program I don't want this to affect that at all okay um is this your car yes okay so you just got it yes I just got it like two weeks ago okay is there anything that prevents you from like walking or standing no sir okay you keep looking for your insurance just hang tight in the car I'll be right back up with you okay um what's up Marco not much uh 66 on Riverside o um pulled up she was crying slight odor um told me that she is fasting had a drink which she then said was approximately a glass or two of wine around 8 or 9:00 um so I'm going to on no food yep my favorite spot to do [Music] ssds all right we able to find your proof of insurance on the phone okay AES awesome uh if you want to just go ahead and turn the car off you can leave your phone in the car I'll have you step out of the car for me okay and you already said No weapons on you tonight yeah can I turn my window off yeah absolutely I'm going to step out of the car yep that's fine let's go ahead and walk right back here to the back of your car okay all right what I have you do is just stand right where my light's at okay you can just turn and face me keep your feet together arms straight down by your side okay what I'm going to do I'm going to hold my finger here in front of your face um I want you to just keep your attention on the tip of my finger with and follow it with your eyes and your eyes only okay so don't move your head once again just keep your feet together arm straight down by your side just follow the tip of my finger with your eyes and your eyes only any questions no sir okay I'm actually going to hold the tip of my pen here that'll make it a little bit easier for you to see since I have gloves on all right same thing I'm going to move it up just follow it with your eyes and your eyes [Applause] only oh so just follow it with your eyes and your eyes only don't lift your head okay same thing just keep standing exactly where you're at feet together arms down by yourself what I'm going to do is I'm going to move my pen in two circular motions around your head I'm going to bring it in really close to the tip of your nose but I'm not going to touch it okay so just follow the tip of my pen with your eyes I'm going to come really close to your nose but not touch it I'm sorry if I'm scared I just I'm on the diversion program right now so I don't want to lose that position I can't afford to not lose that position right now okay okay now what I'm going to have you do you can stand exactly where my light's at once you to you can turn and face the front of my car okay take just one step backwards for you right there where my lights at want you to imagine a straight line from where you're standing up to the front of my cruise Cruiser what I want you to do is take your left foot put it on that line and then take your right foot put it directly in front of your left foot with heel touching toe just like I'm doing okay so you can do that now oh so go ahead and get back in that position I want you to stay in that position until I tell you to start okay so take your left foot put it directly on that line take your right foot put it directly in front of your left foot heel touching toe and stay in that position until I tell you to begin okay when I tell you to begin you're going to take nine Heel To Toe steps down that line counting out loud on each step once you take your ninth step you're going to leave your lead foot on the line you're going to take a series of small steps and take nine Heel To Toe steps back counting out loud on each one I'm going to demonstrate by taking three you will take nine okay one 2 3 take a series of small steps my balance is already bad enough are you going to count that in two three so what I'm going to tell you to do is once I have you begin you're going to take the nine Heel To Toe steps leave your lead foot on the line take a series of small steps nine Heel To Toe steps back counting out loud on each one when you're doing this I want you to keep your arms down by your side count out loud on each step and once you start walking do not stop until you're finished do you have any questions no okay you can begin 1 2 3 4 5 6 8 12 1 [Applause] beat it back yep 2 3 4 5 6 7 8 9 10 11 said she was just walking back to the car okay now what I'll have you do if you want to stand right here where my lights at all right take one step back just so we're not so close out here into the roadway okay so just feet together arms straight down by your side stay in that position until I tell you to begin when I tell you to you're going to raise whichever foot you would like you're going to hold that foot approximately 6 in off the ground keeping your foot parallel to the ground and you're going to keep your eyes on the toe that you have lifted and count out loud 1,1 1,2 13 and so on until I tell you to stop so just like this raise your foot count out loud 1001 1002 1003 until you tell you to stop you're going to keep your legs straight arms down at your side and keep your eyes on the toe that you have lifted okay okay do you have any questions no but my this foot is shivering right now so I don't want it to I understand it's cold so just do it the best you can okay you can be in whenever you're ready if you don't have any questions so you just want me to lift this so you can raise you can raise whichever foot you would like you're going to hold that foot approximately 6 in off the ground keeping your foot parallel to the ground legs straight arms right down by your side and you're going to keep your eyes on the toe that you have lifted and count out loud 1,1 1,2 13 and so on until I tell you to stop any questions you can begin sorry it's cold 1 in one 1 2 Go and Keep Your Arms down by your side and keep your eyes on the toe that you have lifted 78 109 11 10 112 1 13 and I was at 14 do I keep going just raise your foot back back up 20156 1789 okay you can stop all right now what I'm going to have you do now just stay in this exact same position feet together arms right down by your side and when I tell you to I'm going to have you close your eyes tilt your head back ever so slightly and you're just going to estimate the passing of 30 seconds in your head okay okay so feet together arms down by your side close your eyes tilt your head back every so slightly not so much that you fall over and when I reach 20 do I just say or 30 so you're going to estimate the passing of 30 seconds in your head once that has happened you will then bring your head down open your eyes and tell me to stop like bring my head down and tell me so you'll just your head's going to be tilted back ever so slightly you'll just lower your head open your eyes and ask me or tell me to stop okay okay you can begin [Applause] okay all right what I'm going to have you do walk back to the front of my car like normally just normally there's a there's a small red light right there do you see that right there okay go ahead and just look at that light all right go ahead and put your hands behind your back like you're praying okay oh Palms together Palms together I'm going to lift your sleeves up here okay so you are under arrest for the suspicion of operating a motor vehicle or under the influence of alcohol and or drug okay do you have anything on you that could hurt me prick me poke me stick me anything like that okay I'm going to have you come back this direction we'll get in the back side of my car we'll have a female officer come out and search you okay oh watch out I'm going to open this door you can go ahead and have a seat okay we'll leave this off oh did you ask him to go to 25 uh do you have a phone wallet house keys in the car yes okay is there anything else you need out of the car other than that okay am not going to be able to call anyone my family lives in Georgia I'm sorry what was that am I going to be able to call anyone yeah so most likely what'll happen tonight is we're going to go back to our station there's going to be a female officer that searches you okay um and then we're going to take your finger print some photographs give you some p uh some you know pieces of paper and stuff um you'll have a court date that you have to appear at and then um we will see if you can call somebody that can come and pick you up it just has to be a sober adult and then if you want to call you know family or anybody like that when we get back there you can have my phone because all my contacts are in georia well do you I know you said you were at a friend's house is there anybody you might be able to call no I don't know anyone's phone number okay well we're bringing your phone so we can use your phone to look up a contact I don't know so we'll bring you know we have your phone here in your purse we're going to take that back to the station with us and then you can use that to call somebody okay do you have my key uh so your keys will stay with the other officer um your car is going to be impounded tonight we impound all cars that are you know at when we arrested the driver for operating while Under the Influence um because you're the registered owner it will go to a toe you know to whichever toe company comes and gets it um and then I will tell you the address and contact information for that toe company and then you can go you'll have to come to our station get the release form um and then take that to the toe company and get it yep all right we're going to get out and follow go around the back side of the car here okay go right over to the other side of the car with that officer all right we're going to walk okay where this you're go towards the left left this way this one right here take a seat in that brown chair you guys anything no you should be good thank you I appreciate it out okay were you operating a vehicle tonight uh where were you going so have you been drinking in the past what hours it just so the question just asked have you been drinking today I haven't drank since 8:00 because I'm fasting so I couldn't have drinken before 8:00 p.m. you couldn't have drinken before 8:00 p.m. yes I'm fasting right now and what were you drinking one and how much wine did you drink before I started driving or throughout the whole day um well I mean let's just go the whole day cuz that was all before you were driving I drinking until I was at my friend's house okay so how much wine did you have from your the time you were at your friend's house and until I stopped you i' got three or four glasses but I go through like 4 p.m. on a scale of 0 to 10 with zero representing no impairment and 10 representing very impaired what do you think your what do you think is your level of impairment I request that you submit to tests or tests of your blood breath or urine for the purpose of determining your alcohol concentration or the presence of any controlled substance if you refuse to submit to the test the test or test you will be immediately placed out of service for 24 hours you will be disqualified from operating a commercial vehicle over the period of not less than one year and you will be required to surrender your commercial driver's license to me so that doesn't really apply to you because you don't have a commercial driver's license um so basically what this means is because I arrested you um and I have prop will cause to believe that you operating a vehicle under the influence of alcohol um I'm now requesting that you submit to a breath test um if you refuse to take the breath test and you have no prior OVI convictions your driver's license will be suspended for one year from today's date if you take the test and are found to be over the legal limit of alcohol um your driver's license will be suspended for 90 days and you will have a court of appearance for the Char within 5 days of today so are you willing to take a breath test give me a second okay absolutely is there anything that I can better explain to you it says if you refuse to take a commcial test you will face increased penalties subsequently are convicted the state oh yeah which part are you are you still reading up here what does that mean so you can look down because what increase will have so this is the length of the suspension this is the part that you that we'll pay attention to so you have no prior convictions of OVI so if you refuse to take a chemical test your driver's license will be suspended from one year from today's date um if you consent to take to taking a breath test and you are found to be over the prohibited concentration of alcohol um then your driver's license would be suspended for 90 days so it's either a year or 90 days correct so what's going to happen if I'm in the diversion program right now I'm I'm not exactly sure what how Dublin you said Dublin's diversion program so I don't exactly know how their diversion program works or what you know how this would affect that let's say this affect it and I don't get those points on my license what's going to happen now so you were arrested for you were arrested for operating motor vehicle on the influence said for going over the speed limit originally you were the original reason for the Stop was speed um and then after that based on the probable cause that I observed you were arrested for operating the vehicle Under the Influence um you will have a court appearance that you have to appear to in Upper Arlington court within five business days so that would be on this Thursday um at noon and then you'll have an initial appearance there and they will be able to tell you you know what happens from there and if I don't believe I'll have enough then test what will happen then what do you mean if you don't have enough if you're saying I got pull over because of probable cause if I don't meet those requirements of probable cause C if you think I'm under the influence and I'm telling you I'm not what's going to happen then that would so you're going to be you're going to be charged with the OVI tonight um and then that would all be that would all be handled in court with thei operating motor vehicle or the inflence so this all I'm asking you to do on this is I'm explaining what the consequences are if you refuse and then what the consequence consequence would be if you consent to the breast test and are found to be over the legal limit when you get a driver's license you sign a form that says if you are asked or requested by a law enforcement officer to submit to a chemical test that you will do so that's why the consequences for a refusal are greater than if you take the test yeah okay so you want to go ahead and do chemical the bread test yes okay all right let me input this information in here um and then what I'll have you do is I'll have you stand up when it's ready there's going to be this tube right here okay um when I hand it to you there's going to be a mouthpiece that's never been used before that I'll slide right on to the end of this okay uh you can just turn it back on it went dead when my car turned off um when I tell you to you're going to take it take a deep breath in on my backr check right to be able to get a job again so like I said you're being charged whether you're convicted of it or not okay whether you're being convict check right if you're convicted of it then yes most likely um but and if I get a lawyer I'm just not going to be able to drive again for a year but you're not going to take that test so if you take the test and you're found to be over the legal limit your driver's license would be suspended for 90 days if you refuse to take the test it will be suspended for a year and then that will be that will stand and at least until your initial appearance in court which will be on Thursday and then the court will decide what happens with your driver's license from there but since you said you're going to take the test I'm get no do you realize I'm alone here I don't know who the [ __ ] I can call please give okay I can give you another couple minutes but after that we have to make a decision okay who if I decide to call someone are you going to let me call someone yes I'm going to let you call somebody as soon as we're done with this then he's going to take your fingerprints and photographs and then you can call whoever you would like to call if you have an attorney you're more than welcome to call the attorney now but you'd have to have that contact information and everything already memorize right if you have it in your phone to take if I take your test and I am over legal then what your driver's license is suspended affective immediately for 90 days 0 days someone has to pick me up and then what what happens you have a court date on Thursday and after that it's that Court dat is to decide just to pay the Fe that will be your initial appearance well you're not going to go to jail um will be your initial appearance and then you will either plead guilty or not guilty and then it'll go from there can I go home tonight yes you're going home tonight either way can I go to work tomorrow you can't drive to work but if you're sober and you would like to go to work and you can find a ride to get there then yes I don't have anyone else to call so it's not like my mom can come here from Atlanta so I have to do whatever you want me to do I this is completely your decision like I said I don't have any other choice I just want to go home so please just well I you have to make this Choice freely and willingly whether you want to take test fre and willingly I just want to go home okay so you want to take the breath test yes okay so what I'm going to have you do when I tell you to after I put this information there's going to be a mouthpiece on here you're going to come up take one deep breath in and then you're going to blow into it and keep blowing until I tell you to stop but whatever you do don't remove your mouth away from it and suck air back in okay just keep blowing as long as you can until I tell you to stop okay okay have you come up here you can stand right here as soon as I click this button it's going to instruct you to blow so you'll take this take one deep breath in and then just keep blowing in it until I tell you to stop okay go ahead blow blow blow blow blow blow blow blow blow blow blow blow blow blow keep blowing keep blowing keep blowing keep blowing keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep going keep keep going keep going keep going keep going keep going keep going keep going keep going keep blowing keep blowing keep blowing keep blowing keep blowing keep [Music] blowing keep blowing keep blowing happen all right so you're going to have I'll kind of explain to you what so I came back with an invalid sample because what was happening was you were blow and then taking a break blow and taking a break that's why it was taking so long you probably feel like you're completely wiped now right because you kept going at it so on the next one what needs to happen yeah but you need to you need to breathe in as much as you can and it's a long slow steady blow and it needs to be like 30 seconds long you just need to do this slowly let it go in and just keep on going and not stop at all put this back um so did you kind of understand what he was telling you so before you come up just take it's trying to read it's looking for deep Long air okay so big breath in and then a slow and steady continual breath okay that's the best way for it to work I know it feels like you have no more air to to blow just slow and steady as long as you can but whatever you do don't stop and take a breath and then keep blowing okay okay you can come up here I'm going to press the button and then take that big deep breath you ready okay go ahead and blow keep going keep going keep going keep going keep going keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing keep going keep blowing keep blowing keep blowing keep blowing keep going keep going keep going don't stop don't stop just a continual breath keep going okay keep going keep blowing just go as long as you can just go as long as you can as long as you can until you feel like you're going to pass out keep blowing until you feel like you're going to pass [Music] out I guess that's going see what happens you go ni this thing's being weird [Music] call Phils on that it's just understand [Music] I've never seen this before all right we're going to take your uh photos am I being arrested you were arrested earlier yeah but when he arrested you on the scene for obbi so what happening right now why would I be like go home what's that like what's happening now like why would I be let go home why would you be let go home because he said I'm going home ton because we're going to give you your paperwork to show up for court and we're trusting you that you would show up for court if you don't show up for court then the issue will Warr for your okay so that's better than taking you to the jail because we don't feel like you deserve to go to jail for an OVI what's an OVI operating a vehicle Under the Influence all right so what is so what what's supposed to happen at court um the judge will decide on whether you're guilty or not and decide what to do with your license [Music] okay so since this thing is not um you know having trouble getting a complete sample um are you okay with doing a urine test you want to take another test well so that one it read incomplete because it didn't get a valid sample from you I was under the impression that I can just go home and disappear at court well so I'm asking I'm asking because it didn't get a because it didn't get a valid sample I just asked for a lawyer will I still be considered not willing to obligate so you'll either do the chemical you'll either be consent to the urine test or I'll just mark it as refused and we'll be done with it and then I'll appear at court and you're going to appear at court on Thursday either way yes is there anyone I can talk to without having to pay for them I'm not sure what you mean by that like an attorney yes without having there's a there's usually a quarter pointed attorney okay but because this came back negative it's not working cuz the way you're blowing into it it's not working right he's given you the option to take a urine test he but if I just want to talk to someone to make sure I'm doing things right will that count against me you can say no right now yes I want to complicate things when I go to court I don't want to seem as insubordinate but I also don't want to just be taken advantages because I'm at loan I don't have a lawyer with me so if I wait and have someone next to me that can appoint me that can tell me what to do without me getting in trouble I want to do that we can't we can't do that right now cuz we're not liable to do that okay okay so that's something for the courts you know how much it would be for me to wait and get a lawyer so you can have a public defender appointed to you when you appear in court but other than now I have no idea if that would even be possible I I don't think that would be possible any your questions and I just want to talk to a lawyer you can refuse you can refuse to submit to a chemical test if that's what you want to do it's not that I want to submit but I just I I tried but I I don't have anyone to talk to well we need an answer because we have to I just want to talk to someone instead of just you guys I'm just going to mark it as refuse then okay all I've been talking is to you guys I have no one else to talk to I'm alone here I know that's frustrating but I I'm just explaining to you the process I understand I just want to talk to someone that can be on my side you want to finish these up and stable that and for that all right is there someone recording this that's all being recording right here there one right here okay thank you y hey Jennifer we're going to take some pictures now okay okay give me a second yeah you're fine I just want someone next to me that can explain things to me I me you can document what what you saw get up to you ready yeah okay go ahead and stand up go right back against the wall a little bit to the right little bit to the right my right over this there you go all right now look straight at me look up here yeah that picture is terrible why is I wish it would zoom in I don't know all I just need to look that way a little bit more [Music] okay all right now I just need you to look that way all right do you have any tattoos yes where at my whole left arm okay can I see your left arm I to take pictures of I don't have a shirtt underneath my hoodie no you can just what this so it's a p here so i' have to take off my hoodie no I don't want you to do that you can't it starts here okay I have one right here but it starts here up here can you is there any way to lift that up to yeah just do the best you can okay yeah all right destion left arm left upper so when I go to court what's going to happen I've never done this before I show up and what happens can you let me see the line is that a line all right so I get appointed a lawyer and what happens then want to know you get appointed a lawyer okay what do they help me do you guys they're not telling me anything what did they help you do yes I've never been in this situation so you'll show up for court this is just your initial Court okay okay you can at this point in time talk to somebody whether you want to plead guilty or not guilty okay you can say you would like to court appointed attorney okay there would be somebody there they can help you with the decision on whether you should plead guilty or try to take it to trial okay okay and then from there the judge will decide based off your decision and all the paperwork whether he is going to Grant you driving privileges or anything like that okay okay does that help how do I get in contact with a lawyer do I just you want you want to hire one and take one with you do I just like are you guys in my division like I was 5 minutes away from home so are you guys feeler police no we're up Arlington so would I have to get like an Upper Arlington police officer or sorry attorney attorney no you can hire any attorney they're they're allowed to get how can I get one that's like with the state that won't cost me that much they're all going to cost a lot the cheapest one is the one the court appointed attorney when you get there cuz that's what I'm saying like you will have them yes they will talk to you before you go up and make your decision [Music] okay see time it is it is 107 okay um I'm going to give you your phone you want to call try to make some phone calls to see if somebody can pick you up sober adult yes let them know probably be about another 20 minutes yes maybe a little bit longer before you can get out hello do you think you can come pick me up from the police station am I allowed to send him the address to come pick me up M okay I'll send you the address you can pick me up just make sure you haven't drank or anything okay okay I'll send you the address okay okay bye two things here for you um the first is the traffic citation for the original stock and then also um the Obi the Obi is a traffic offense okay court date for both of these is on January 18th 2024 at 12:00 p.m. noon in Upper Arlington Mayor's Court that is where you're at today 3600 Tremont Road your personal appearance is required okay I've already got your information and everything on here last thing I need from you is your signature across the top it's not in admission of guilt just says that you received the citation from me on today's date and I answered any questions have this is for me to show up on Thursday so this is the traffic citation this is basically showing that you were stopped for the not an admission of go it is not an admission of go this is just signing that you acknowledged that you received the citation from me on today's date and that you are required to appear in court on the 18th yep keep it turn sideways and that's is it best to do signature or initials signature um let's go outside we got to get him to sign this car keys should be with the car if that's what you're looking for no he's going to get impatient and I don't want him to take off so no I'm not talking about that I'm just want to make sure everything's in here to I can get into my house okay y we'll have him come in here so he can it's too cold out there to try usually I do on top that trash can hello it's too cold out there to do it out there yes so on in you have your ID on you all right so what I need you to do m is responsible party signature you're basically going to sign this date it and all this extra information down here okay make sure I got all this I just want to make sure tomorrow morning I come back here to ask for permission to get the car not that I'm driving it but just to get it out of the pound and into my parking lot so I don't have to pay a cured cost M okay yeah no you're good on that all right um but I have to come here first to ask for that paper just okay yep so all right you guys are good thank you all right do you have any other questions that I can answer before you leave so okay thank you yep thank you yep [Music]
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