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Edit Transcript - Drunk 21-Year-Old is Almost 3 Times the Legal Limit While Driving in the Snow
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Drunk 21-Year-Old is Almost 3 Times the Legal Limit While Driving in the Snow
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I think they're a little drunk, man. Could be a good guess. Morning. My name is Officer Dor at the Athens Police Department. The reason I'm stopping you is because you don't have any headlights or tail lights on. Do you have your driver's license, registration, and insurance with you? My driver's license. Okay. Are there any guns in the car? No, absolutely. Okay. Where are you coming from tonight? I'm just coming from I'm just picking them up from the bar. Okay. Where are you headed? I'm just headed to I live part. Okay. [Music] Sorry. Whose car is it? It's mine. It's yours. Okay. How much you had to drink tonight, Kalista? I've only had one drink. One drink. What kind of drink was that? It was a one. Okay. I see the insurance. [Music] [Music] Do you have a current insurance card? This one says it expired in 2022. Would my phone work? Yeah, if you have it on your phone. [Music] My grandma honestly takes care of the insurance. So, okay. Yeah, cuz this isn't even It's I know it's up to date, but I don't have it. Okay. Where's that back? Let's do this. Set that back in your level. I'm going to have you hop out to make sure you're okay to be driving. Okay. Okay. You care to run this? Hm. You care to run this since I got to try to get out of here. No, you're okay. All right. I'm going to have you step over here actually off the street. Um, we're going to go right back over. There she goes. Right over there. Okay. All right. Do you have any uh any problems with your eyes or anything like that? I have contacts. Okay. You have contacts? Mhm. Okay. Do you have any um any sort of uh were you under the care of a doctor or anything like that? I have polycystic kidney disease, but that's about it. You what? Polycystic kidneys disease. Polycystic kidney disease. Mhm. Okay. And then do you take like medications on a daily basis for that? No. Okay. Sure. While I was on blood pressure medication. Blood pressure medication. Okay. You are you off that now? Yeah. Okay. All right. Do you um do you wear glasses or anything like that? Yeah. I take my contacts out. Okay. All right. Do you have any problems with your eyes other than like have you had any concussions or anything like that? I don't think so. Other than soccer. Other than soccer. Okay. But you don't know if you've ever had any concussions or you No, I've never been checked out for concussions. You've never been checked out for concussions. Okay. Right. All right. So, what I want you to do is I want you to look at my finger. Okay. Can you see my finger? Yes. What I want you to do is I want you to look tip my finger right there. Okay. Can you see my finger? Yes. Okay. What I want you to do is follow my tip of my finger through your eyes only. Keep your head still. Do not move your head. Keep following my finger with your eyes only until I completed the test. Okay. [Applause] [Music] Okay. Can you see it? Okay. Okay. So, what I want you to do is I want you to do the same thing. Okay. All [Applause] right. Now, we're just going to go up. Okay. Okay. All right. So, for this next one, what I want you to do is do you have any problems with your back, legs, inner ear, ankles, anything like that? No. Not that you know of. Okay. Right. Not that you know of or not. I mean, I know you play soccer, but not that if you would if you would know if you have any. Okay. I mean, so what we're going to do is we're just going to use this crack right here. Okay. Okay. We're huh? That'll work out a little more. Even the middle one. The middle one. Yeah. Once she's on. Okay. We're just going to use this middle one right there. Okay. So, what I want you to do is I want you to put your left foot on that line. Put the put your right foot with the heel of your right foot touching the toe of your left foot. Arms down at your side. Stay in that position. Do not start the test until I tell you to do so. Do you understand? Right. All right. So, what I'm going to have you do is I'm going to have you take nine heel to toe steps down the line. Turn by taking a series of small steps and then take nine heel to toe steps back. So, yeah, nine. So, I'll go ahead and demonstrate it. One, two, three, and so on until you get to nine. On your ninth step, you're going to leave your front foot on the line. Turn by taking a series of small steps just like this. Okay? Okay. And then back, right? One, two, three, and so on until you get to nine. Now, it's important that while you do this, you count you watch feet at all times, you count your steps out loud, keeps your arms down at your sides, and that you keep walking till you completed the test. Do you understand? Yes, sir. Okay. Okay. You can go ahead and begin whenever you want. 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 Okay. All right. Very good. like, "Oh, you can go and relax." Okay. So, for what's that? No. I was like, "I'm sorry. I'm freaking out. I'm No. What? What are you afraid about?" I've just never been pulled over and done this before. A little bit nervous. All right. Well, being honest with you. No, that's all right. That's all right. All right. So, for this next one, I want you What I want you to do is arm your feet together. Arms down at your sides. Okay. Stay in that position. Do not start the test until they tell you to do so. Okay. Do you understand? Yes, sir. Okay. So for this next one, what I want you to do is I want you to raise either leg. Doesn't matter which leg. It's going to be six inches. And your foot is going to be parallel to the ground just like this. Okay? Now when you're doing this, I want you what I want you to do is I want you to count out loud in the following manner. 1,001 1,002 1,003 and so on until you tell it until I tell you to stop. Okay? Yes, sir. Do you understand? So like I said, while you're doing this, you want to watch your race foot at all times. Count out loud the following manner that I described and that you keep both legs straight and arms down at your sides. Okay. Do you understand? Yes, sir. Okay. Okay. Ready? All right. Whenever you're ready. One, two. Foot. It needs to be parallel. One, two, three. Arms down at your sides. Five. You got to watch your foot. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Okay. 20. All right. You can go ahead and stop. All right. So, what's your name, ma'am? Kalist. Kalist. All right. Kalista. Yes, sir. So, listen. This is what's going to happen tonight. We're going to go back to the office. We're going to do some paperwork. Okay? I feel like you are too impaired to drive. Okay? I can smell an odor, alcoholic beverage minute off your breath. Okay? And based off my field sobriety testing, I feel like you you were too impaired. Okay? So, if you want to go ahead and turn around, put your hands behind your back. You're under arrest for OVI. Okay? Are those too tight? [Music] Is this your car? Yes. Okay. All right. We're going to go back to the second car. Okay. 23 Athens one female 219. Do you have anything on you that's going to poke me, stick me, hurt me? Yes. Okay. So, what I'm going to do is I'm just going to just check you with the back of my hand. Okay. You're okay. You don't have anything on. Do you have any property in your car that you need? My phone. Yeah, I'll get your phone. Is your purse in there? I just need my phone. your phone and let them know that everything's okay. Is she okay with parking? Uh, let me I pretty sure she'd be okay with [Applause] it. Would it be okay for us to move your car so that way then we don't have to tow it to? Where? We're going to move it into like a parking parking spot. Okay. Yes, that's okay. Okay. All right. Thank you. Yep. Yeah, she's fine with it. Okay. What this means, so what we're going to do is we're going to go up to the office and we're going to do some paperwork. I got to go over some stuff with you and then um the other officer is going to bring your phone up. We're going to try to get you we're going to have you call somebody, have them come pick you up so you can go home. Okay. Sorry. What was that? the other officer when he brings your phone up. Yeah. We're going to have you after we go over the paperwork and stuff like that, we'll just we'll have you get call somebody to get a ride. Okay. All right. You hop on out. Careful. It's a little slippery. Go right over here to the front. I understand you're just doing your job. I just decision. What's that? Said it's just a hard decision. Maybe I just didn't wait too long. I'm not going to say anything wrong in here. This is just I'm going to go right back here to this glass wall. Okay, just go ahead and stand right here real quick. Hold on. Just stand right here. I got to I'm going to take these handcuffs off and turn around. Go ahead and spread your feet for me. There we go. There you go. Go ahead and have a seat right there. So, what I'm going to do is I'm going to go over this with you. Okay. We're going to start up right here, right up at the top, and work our way down. Okay. Yes, sir. So, this is the B&B 255. Okay. This is the consequences of test and refusal revised code 451192. You are now under arrest for OVI operating vehicle while under the influence of alcohol or drug or accommodation of them. If you refuse to take chemical test required by law, your higher driving privileges be suspended immediately. You don't have to pay a fee to have the privileges reinstated. Okay. So, what I'm going to ask today is that um for you to provide a breath sample. Okay. Okay. Would you be willing to provide a breath sample if that's what I'm supposed to do? Well, it's it's up to you. You you can either say yes or no. If you don't if you don't want to take a breath sample, that's fine. If you do want to take a breath sample, that's fine. It all ends up the same way. What What do you mean? Well, one, you go home at the end of the day and you'll get a traffic ticket and you'll get a court date. And so, it's up to you. I don't want I don't want you to feel like you have to provide the sample. It's up to you. It's just that I I've never been in this situation before. I'm not going to I'm not going to lie. Okay. Um I've never drank and drive under the influence. So So the the penalties would be I don't know if you got to that part. If you were to take a test tonight and you were to be over the legal limit of 08, the state's going to place you under a 90-day suspension starting today. If you were to refuse the test tonight, the state's going to place you under a one-year suspension starting today. Okay? It's the only difference whether you take a test tonight or not makes. All right? Even if you don't want to take a test, like I said, you're still going to your friends are getting a ride for you. You're still going to go home tonight. Okay? Um you're still going to have a court date, but that's the only difference whether you take a test or not that it's going to make. Okay. Okay. Um, I mean, I do I didn't drink a lot tonight. I really didn't think that I was drinking enough to drive under the legal limit. Um, I mean, I'm not going to refuse whatever you guys suggest. I mean, Okay. Well, he's going to ask for a breath test. Are you willing to give a breath test today? Yeah. I mean, if that's I don't I've never been in this situation before, quite honestly. And I'm really trying not to cry. I really I really don't want to make you guys feel any type of way cuz I I understand. I'm No, that's all right. You just want Come on out here. I'll have you have seat in the black chair in the corner over there for us. Okay. Yes, sir. If I mean if this is going to make I mean I don't I don't understand really. I've never been in this situation before. It's just kind of making me really So if this is going to make it worse then I really hope that you kind What's that? I'm just I I really didn't drink much tonight. So I really hope that I don't know. I don't really know. I've never been in this situation before. Sorry. Sorry. Here. I'll take that paper back from me for now. Like like I said, I think I was okay to try. But like I said, it's it's not it's well like I said, but I mean the thing is this will this will show you know more or less what Okay. I mean, if you are if you're over a .008, you know, or if you're under a 008, this will shut it. Okay. So, I understand. I'm sorry. I've just never been in this type of situation before, so I'm very anxious about it all. No, that's all right. So, like I said, I'm going to ask you um if you're going to provide a sample, right? Well, when we're done with that, it'll come out with a readout of what your what your breath sample is, right? Um and then you'll go home with your friends with, like I said, paperwork, their traffic ticket, the BMV form that I read you. Correct. And um and then you'll have court date and then you'll go to court and at that court date you'll be able to plead guilty not guilty no contest. Okay. Which the judge will go over all that with you. Okay. Um and then after that then it'll just kind of work through the legal process. Okay. So, and then I don't know these types of these types of cases are a little bit more the court handles them a little bit more like delicately than like a like an underage alcohol consumption, but I mean they I I've seen it to where you know things that it'll get I've seen things get worked out in court. Okay. So, I guess it's my first kind of thing that I've ever been through. So, I'm kind of nervous. Yeah. Seeing the only thing that you've ever had was a speeding ticket. Correct. Back in what? Well, I was 2024, but Okay. So, this is going to go through a series of pops, clicks, and beeps and stuff like that. Um, the big thing is when it gets to the time to provide a sample, what you got to do is you got to wrap your lips around this. Just imagine like you're wrapping your lips around the straw. like a straw for like a a cup, right? But instead of sucking, you're blowing and you're trying to pull up a balloon. That's what you got to imagine. Okay? Cuz I've seen people in the past where they try to they not they don't wrap their lips around so it doesn't get a good seal. So when they blow, they're just blowing air out around it. And if the machine detects like people are trying to mess with it, like they're not providing a big enough sample or they're trying to blow inconsistently, it will mark it as a refusal. Okay. Which I don't think you want to do that. I think you just want to basically be get this over with and get home. Okay. So, yeah. Sorry. I'm really trying not to cry. like I don't want to make you feel like any type of way about it cuz I understand where you're coming from. I don't, you know, I don't blame you for, you know, anything, but I understand. I'm here to work with you. I I wish I, you know, if I was later on in my years and I was part of the system, obviously, but I'm not see. So, I understand where you're going from. I'm not going to do anything. But, um, so if you want to take this, I'll continue after. If you want to take that out of the bag, that mouthpiece and just Yeah. Put it right on there. Like I just I don't know. I don't want to make it like worse in the sense like obviously we're here No, I'm not going to. Okay. Well, so but what, like I said, what you got to do is just make sure you get just blow. Yeah. Got a good seal around it and then just blow like you're trying to blow up a balloon, but you're blowing through a straw. Okay. So, whenever you're ready, take a big deep breath. And there you go. There you go. Keep going. Keep going. Keep going. [Laughter] Okay, that should be good. You want to take that off right there? Yes, sir. If I can. There you go. [Music] All right. You can throw that in the trash can. So, it'll it's going to do another series of tests and you'll provide another sample. Okay. And what it'll do, take the lowest of the two. Okay. So, if you blow like a 0.08 on the first one, but you below a point um 077 on the second one, it'll take the lowest one. Okay, that gives this gives the the person the benefit of the doubt. Okay. Awesome. So, the same thing like last time. Okay. Big deep breath. [Music] [Music] You want to take that off? Yes, sir. [Music] So this is what your BAC was 223. Okay. Legal limit is 08. All right. So I'll just read you that little section right there. [Music] Okay. So this is independent any penalty sanction imposed upon you pursuing any other section right code ordinance your driver's license commercial driver's license permit or non non-resident operating privileges are not suspended. The suspension takes effect immediately. The dispension will last at least until your initial appearance on the charge which will be held within 5 days after the date of arrest for issuance of a citation to you. You may appeal the suspension at your initial appearance before the court that hears charges against you that resulted from the arrest or during a period of time and ending 30 days after initial appearance. Okay? So since you provided a sample that was over prohibited 008 and you don't have any prior you're going to be suspended for at least 90 days. Like I said, when you go to court, you can get bribing privileges and stuff like that. Does that affect what I'm going to school for? I don't know if that I don't It shouldn't affect what you're going to school for. Um, so I don't know. I don't I don't know for sure, but it shouldn't affect it. Okay. That's that's what I'm mostly worried about. It's just like making sure it doesn't affect my future, though. Well, it shouldn't affect it, but I don't know that for sure. Okay. Right. You have any questions? It's just those, I suppose. Okay. I mean, it all just kind of depends on what happens next. Well, like I said, I'm going to try and get this paperwork all finished up. We're what I'm going to have you do is I'm just going to have you go back over here real quick. Let me have a seat in there. I'm going to finish up this paperwork real quick and then we're going to get you out of here. Okay? I just only have a couple more things to finish up. though if you just want to have a seat right there. Okay. A few moments later. All right. So, I'm going to go over this paperwork with you and then we're going to get you out of here. Okay. So, this is the form that I read you. This is the B&B 2255. Okay. Oh, here's your information. All right. Yes, sir. This is um your We parked your vehicle there for you. So, it's just parked along the street. Okay. Um where where was Yeah. Yeah. Just about Huh. Family Dollar. Yeah. Well, not by Family Dollar, by um the tattoo shop down there. Correct. So, Okay. So, what um so I checked this because you submitted to a test and you're 223. Okay. And then uh I advised you that you were placed under suspension. I am going to seize your license. Okay. Um and that you'll be provided a copy of this. Okay. All right. So, it is a mandatory appearance. You do have to appear. Okay. Um, this down here is all your personal information. Okay. Um, and then this is today today's date and time. Okay. That you were stopped. You're driving this vehicle is on Simpson Avenue near Palmer Place. All right. Correct. Um, you're being charged with two counts of or there's two charges for OBI. One was because of the high test, one was just OBI. Okay. Two charges. Two charges. A lot of times if they what happens they just either dismiss the one that that's the court okay it's because you 223 okay because that's considered a high test 17 is considered like like a medium test. All right. Like I said, a lot of times this one just gets dismissed. Unless you're like a um like a habitual alcoholic, that's why. Okay. But like I said, a lot of times these things get dismissed or reduced. Okay. But that's up to the court to decide. All right. I just have to issue the citation. Okay. And then it's just um headlights required. Okay. And then this is just conditions at the time of the stop. And then this is my information down here. Okay. You have any questions? No. No. Okay. You just want to sign right there by the X. Sign by the X is not admission to guilt. The state received a copy of the citation date and that you will contact the court and appear to court. Okay. If you cannot Thank you. If you cannot appear on at the 27th um because like school or you said you work for job and family services, correct? Um contact the court. Okay. Cuz you got you got a little extra time. Um what would that mean? Like just give them a phone call. Just you give them a phone call. Be like, "Hey, I got work." Or, "Hey, I got this." And see if maybe you could do like some sort of Zoom. Okay. instead of, you know, having to I was gonna say like I've never I've never been through this type of Okay. Well, no, like I said, that's why I'm taking them taking a lot more time than I would normally um explaining it explaining stuff to people. Okay. Like I said, I'm I'm very cooperative. Yeah. No, absolutely. Get over this. No, absolutely. Like I said, you'll like I said, this is definitely like a speed bump in life. Okay. Um but All right. Do you have any other questions? No, I understand where you're coming from and everything. Well, no, like I said, if you have any questions, you can feel free to feel free to ask me. Okay. But if you don't have any questions, we're going to get you out of here, get you your friends so you can go home. Okay. Absolutely. Okay. You just want to come on out. These are your keys. Okay. Thank you. All right. We're just going to go right out the door here. We're going to go straight ahead and then once we get to the carpet here, we're going to make a left. Okay. Correct. Then right out this door. Big heavy door. Okay. Thanks. Uhhuh. [Music]
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