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Edit Transcript - Law Student Arrested for DUI at Almost DOUBLE the Limit
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Law Student Arrested for DUI at Almost DOUBLE the Limit
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South Carolina tag Juliet Mike Bravo 836. It's a black Lexus. We will be at 93 and four for investigator. >> Hi ma'am. How are you doing? >> Good. How are you? >> Good. I'm Officer Perez. I'm with St. Pete. Is everything okay? Yeah, I just noticed you almost hit the curb in my rear view and then you were breaking erratically. So, I didn't know if you were having like a medical emergency or >> ma'am. I thought that I um Hold on, let me get my I'll get my registration out. I thought that um >> I didn't know if you're having like a mechanical issue or a medical um issue. This is my license. >> Okay. Are you still out of South Carolina? >> Yes, ma'am. >> Okay. And do you have your insurance and your registration card? >> Um, if you have a digital copy of your insurance, that works, too. I know a lot of people keep it on their phone these days, so All right. Sweet. Um, have you do you live here now or are you still kind of or are you just here temporarily? >> Yes, ma'am. I'm in school. >> Oh, okay. Cool. Give me just a second. Okay. Tango 24. I'm 104. Can I get one more? Non 1018. >> Hey, I'm going to do an eval. Let me grab my chalk. >> Oh, good. I never seen one of these in years. if it gets to this. Um, probably just right where it's well lit over there in the center and kind of diagonal. The highest point from the passenger side down to the driver's side like in front of my camera. I kind of angled my camera so then it >> So, you're talking you're talking Japanese about >> Yeah. Do you want me to draw the line? >> Draw the line. Um on an angle. But don't do it yet. Once I get demos, go ahead and draw it for me. >> At an angle from the front of my car so you can see the camera. >> Kind of like a angle right here. Right in the well lit area. Okay. Thanks. >> Would you be able to step out for me real quick? You want me to leave the car on? >> Yeah, whatever. That's fine. Whatever you want to do. >> So, I'm just noticing some signs of impairment. I just want to make sure you're good to drive. Okay. Would you mind if I take a look at your eyes? >> All right. So, what I'd like you to do is walk to the front of my cruiser here. You'll just stand in front of my grill and then you'll turn and face me. Okay. >> Do you suffer from any blindness? >> Um, I don't think so. >> Okay. Do you wear contacts or glasses on a regular? Yeah. >> Do you have contacts in right now? >> Not right now. >> Okay. So, what I'd like you to do is stand with your feet together, arms down to your side. Do you see my light? >> Mhm. >> What I'd like you to do is look at my blue light with your eyes only. Don't move your head. I'm just going to make several passes in front of your field of vision. I want you to look directly at that light for me. Okay. Your eyes should just move independently from your head. I'm like shaking. >> You're fine. Just continue to follow my way. >> Yeah, I know. I am, but I'm just like I'm nervous. >> Do you have any questions for me? I'm almost done with this part. I'm just This is going to go kind of slow. Just continue to follow. Okay. I'm just going to go up. All right. I just have to verify all the information is correct on your driver's license. Okay. You could go ahead and >> You said you're here. You're in school here. >> I'm in law school. Yes, ma'am. >> Okay. Um, what's your updated address? Do you have like a mail down here? >> All right. That's Tampa. >> Tampa, Florida 33616. >> All right. Your first name is Jillian, correct? Do you have a middle name? Brooke. B R O K E. >> And your last name? >> Whale. L A I L. >> When is your birthday? >> March 27,93. >> And about how tall are you? Just ballpark. >> 5 foot. Okay. >> I'm a [ __ ] >> And I'm about like 120 125 lbs. >> Okay. >> But I think I'm probably heavier. I was fat. [laughter] >> What is your natural hair color? >> Um it's like a dirty blonde. It's always been a dirty blonde. >> Okay. So it's like brown blonde. >> And what color would you say your eyes are? >> Where were you born? >> New York. >> Okay. >> Manasset, Long Island. >> And what's your phone number? >> Um, is your Lexus registered to you? It's registered to my mom, but I'm a co-signer on the lease. >> Okay. >> Well, she bought we bought it, but I'm a co-signer cuz I didn't have enough I was in the law school, so I didn't have enough money. She's the main she's the main person, but I'm also on it, too. >> Okay. >> So, it might be Sumid M. Sue M A D E as the insurance card and the registration probably refer to Sumid. >> Okay. >> And they're in South Carolina. >> Okay. Um, what year is it? >> It's a 2019 NX NX 300. Yes, ma'am. >> Okay. >> Do you feel sick or injured at all this evening? >> No, ma'am. >> Do you have any physical defects? >> No, no. >> Are you diabetic? >> No, ma'am. Epileptic? No, ma'am. >> Are you seeing a doctor or dentist outside of routine care or anything out of the ordinary? >> Just normal. >> All right. Are you taking any medications? >> No, ma'am. Just like normal. >> Okay. And how would you rate your overall health fair for like a seven to eight? >> Okay. Do you have any injuries that affect your day-to-day activities like going to the grocery store or going to school or anything like that? >> No, ma'am. All right. So, I do have two additional field sobriety tests. You'd like to follow me over here. Are you comfortable in your slides? Um, >> if you would like to keep them on, that's fine. If you'd like to take them off, that's okay, too. >> I'm like jittery cuz I'm nervous with the police. Like, I've never really been stopped before, but I mean, we can do whatever. >> It's up to you. Whatever you like. If you want to keep them on, that's fine. So, I'm going to explain it and demonstrate it and then I'll have you do it. Okay. >> Crooked line. >> Yeah. >> So, go ahead and just >> Not the straightest line. just use it's just for a reference as a guide. I'm a law student so like I pick up on [ __ ] so >> go to about here where where it evens out. >> Okay. But it's fine. You're just going to use this as a guide. Okay. Um so the first thing I'd like you to do is place your left foot right on that line right at the end of the line. Okay. And then you're going to place your right foot directly in front of your left foot with your heels and toes touching and keep your arms down to your side. I would just like you to stand like that until I tell you to begin. Do you understand? Once I tell you to begin, you're >> But I'm like jittery, so it's like making me move. Like I'm like I'm nervous right now. >> Just do the best that you can. Okay. So, I mean, but it just >> So, I'm like I said, I'm going to explain it and demonstrate it. If you'd like to stand normal, that's fine. So, when I tell you to begin from the starting position, you're going to take nine heel to toe steps down the line just like this. 1 2 3 and so on until you get to nine. Once you reach that nine step, keep your front foot on the line. Remove your back foot from the line to make a series of small steps to turn around just like this. And you're going to take nine heel to toe steps right back down the line just like this. One, two, three. >> Heel to heel and then just turn around heel to heel. >> Yes, ma'am. Um, once you reach that ninth step, simply step off the line. >> What I mean, I'm an open book. Ask me whatever questions you have. I have nothing. I'm not going to gain anything from lying to you or trying to pull a fast one on you. >> I'm not either. But I just feel like I'm so >> So the only reason >> you never had to do something like this before >> and and honestly like I have dog like I have my puppies at home and that's I don't know anybody here in the state and I'm just trying to like if it's better if you just want me to [ __ ] tow my car and go like I'll do whatever you guys I don't like this. It makes me ner It makes me all just nervous cuz I >> So the the reason I pulled you out is like I said, I was I noticed some signs of impairment. Your eyes are bloodshot and watery and I could smell the odor of an alcoholic beverage coming from your breath. Okay. So I was going to be proceeding with a DUI investigation due to those signs of impairment. Okay. And then your driving pattern was a little erratic. I noticed you breaking erratically and then you almost hit the curb on the right side. Okay. And I saw that through my rear view so I had to slow down. >> Okay. So that's I just like the totality of everything just raised some concerns. So that's why I just want to make sure I have a good day. >> I'm just like I'm jittery as [ __ ] I just I've never been in this predicament before. >> Mhm. >> I don't know what to do. I have my dogs at home that don't I don't know anybody in this state. Like I don't know. Well, I have a >> better if I just verbal like I'll do it. Like I >> I literally just came from dinner with my friends. Like I wasn't >> I I didn't even know. >> Makes me nervous cuz this is a crooked line and I'm jitter. I mean I know that I'm nervous >> cuz I don't like I know like even when I get stopped for a [ __ ] speeding ticket, I'm shaking. >> Mhm. cuz I don't have these run-ins with police officers >> regardless, right? So, >> it just makes me [ __ ] nervous >> just just to do anything because I just know that like I know cuz I came from criminal defense law. Like I know how this [ __ ] can be. >> I I don't know what you guys want me to do. >> Yeah. So, like I just explained >> I know you want me to walk on this crooked line, >> but I also don't >> just use it as a guide. this. >> It's just a reference point. Okay. >> But what >> while you're doing this, I'd like you to look down at your feet, count each of your steps out loud, keep your arms down to your side, and once you start walking, don't stop. Okay? Is there anything you'd like me to clarify before you get started? So, I have this walk and turn and then I have a one leg stand after this. Okay? I want to make sure you fully understand you don't have any questions before you get started. Do you have any questions? Would you like me to demonstrate it or clarify anything? >> No, I just >> just do the best that you can. Okay. >> I know. I just have my dogs at home and that's all I care about right now. Like I don't care about anything that happens here with us and this this [ __ ] and me. I don't care. I have two dogs at home that I don't know anybody here. So that's what makes me more Yeah. More like more scared, more nervous. I don't give a [ __ ] about myself. I Okay, whatever. You guys want to do do whatever you want to do. But like >> I just know that I have my two dogs at home that are unattended. Like I don't want anybody here. >> Yeah. >> I'm here for school. That's it. I have my few friends that I went to dinner with. That's it. Like >> um Well, >> let's just finish this portion and we'll get to that after this, okay? Okay, cuz there's really nothing I can do at this point about your dogs. Are you able to get back into that starting position for me? Is that left foot on the line, right foot directly in front of your left? Just like how I'm standing. Keep your arms down to your side. Do you have any questions before you get started? Know that I'm upset right now. I just know that I can't do this. Like I know that I'm [ __ ] emotional and I'm so nervous before you want me to walk on a straight line. >> Uh-huh. >> Like I know that to a tea. Like I am [ __ ] like sir, I am nervous. Like I'm shaky to begin with. Okay. >> Okay. >> I took my aderall today to [ __ ] study for the bar exam. I'm [ __ ] nervous. And then you want me to walk on a straight line and that's okay, whatever. But like I'm also just in the back of my head is my dogs. Yeah, just >> and that that's that's my fault. That's my fault. >> If you need to take a minute to take a deep breath and just collect yourself, that's fine. >> Okay. If I had a bottle of water, I would offer it to you, but I don't. Just some anything to make you feel better. Just do the best you can. Don't be nervous with us. Okay. >> I get like I literally I can get I get pulled over for a speeding ticket. I get jittery as [ __ ] because it's like the police. Like you guys scare me. No offense. >> You don't have You don't have to be scared of me. I'm probably the chillst officer here. >> No, I know. And I honestly I came from criminal defense so I know a lot of pups and I'm like it's not it's just the nervousness of being pulled over. >> Yeah, I get it. >> And I'm jittery. And then I'm upset right now because I'm thinking what happens after this cuz my dogs like what happened? cuz no one's there for my dog and they are my children. Like they're my [ __ ] children. So I just have to >> that's that's the only reason why I'm upset is because if something but if I do something one thing wrong in this test I know what's going to happen and I know that my dog that's like >> so if like just so you know if you refuse to perform the field sobriety test, you're forcing me to make a decision based on my observations up until this point. Okay? Additionally, should you be charged with DUI, this refusal can be used against you in court. Okay? So, I just want to get that out there. >> I understand that. I'm just telling you right now >> that I'm thinking about the my dogs eat in a few hours for breakfast. You guys are used to me coming home every night. There's nobody that I know. My mom is in here. I have no [ __ ] here to go if something were to happen. I have nobody to come in. >> We'll take care of that. I will not go to a [ __ ] like I've I honestly I've been in [ __ ] criminal defense. I cannot go to a I will have a panic like >> I know the type of people. I know what you guys deal with. I understand. >> Yeah. >> Like I >> I this is simply here to make sure you're good to drive. Okay. Yes, ma'am. I understand. No, I understand that. It's just making me >> The faster we get this over with, the faster we can move on to the next portion. Okay. >> Making me nervous. It just makes me nervous cuz I feel like I'm incriminating like >> Well, I I I can't force you to do this. >> Incriminating myself. >> I can't force you to do this. Okay. >> Cuz obviously like you know what type of mindset I like. Okay, cool. But like >> I just feel like >> I'm just thinking about the worst case scenario right now. >> Mhm. >> And I know my dogs. >> Yeah. >> And my dogs are in the apartment right now by themselves. Like it just freaks me. I'm not someone that like leaves their dogs unattended. I'm not someone that I'm someone that takes their dogs to the dog park every day. I'm someone that is a good [ __ ] person. Like >> Yeah. I don't think otherwise I never said you're a bad person. No, I I No, I I completely understand what you're I get it. I'm just thinking in my head that it's just like all these tests are just >> it's just >> they're not pass or failation. >> Okay, but like I said, I can't force you to do it, but if you're whenever you're ready. Okay, since you took a minute, is there anything you'd like me to clarify? >> Okay, >> do you understand everything that I just explained? >> Yes. >> Okay, so go. >> Do I left foot, right foot? >> Yes. >> Turn around. Do I have to count my steps? >> Yes. So you're going to look down at your feet. Count each of your steps out loud. Keep your arms down to your side. >> One foot. >> Yes. >> So like once you get into that Yeah. So the first step, that's one. >> That's going to be your first step. >> So that's my first That's the Oh, wait. Hold on. >> From that starting position. So yeah, stand just like how I'm standing. Okay. So >> So this is one though. >> That's not So this is the starting position. That first step you take is going to be one. >> Okay. >> Do you have any other questions? So, you may begin whenever you're ready. Okay. 1 2 3 4 5 6 7. >> Yes, ma'am. Just like how I demonstrated. 3 4 5 All right, so we're done with this. Don't worry about the line. If you want to come over here, I have one more test for you. It's the one leg stand. Okay, so the first thing I'd like you to do is stand with your feet together, arms down to your side. All right? I would just like you to stand like that until I tell you to begin. Do you understand? Once I tell you to begin, you're going to raise either foot. Whichever one you feel most comfortable with. Okay. It's going to look just like this approximately. >> I know. I know. It's like, oh my god. I never am like once in Okay. >> Yeah. Whatever foot you'd like. Okay. It's going to be 6 in off the ground like this. Legs straight, arms down to your side, and you're going to look down at your foot. You're going to count out loud. 1,00 1,002 1003. >> Like 1 2 3 or do I have to do a 1,00? >> I just like how I explained 1,00 1,002. Just continue to count like that until I tell you to stop. If you happen to drop your foot like this, which I don't want you to do, just raise that same foot back up and continue pounding where you left off. 1004 105 and so on. Okay, while you're doing this, I don't want you to hop around or sway or use your arms for balance. Okay, do you have any questions? Do you understand all everything? Okay, so I'm on your time. I'm going to start my stopwatch whenever you raise your foot. Okay, so you may begin whenever you're ready. >> One. Oh my god. >> Yep. Just keep going. >> I'm not used to even like balance. Like when I balance on a boozu ball in the gym, my personal trainer is like, "What the [ __ ] just happened?" Because >> yeah, >> that's what I need to begin. >> I'm more of like a weightlifter and that's it. All right. 1,00 1,002 1003 100 4005 1006 1007 1008 1009 100 stop. All right. So, if you want to come back to the front of my cruiser, I have a couple questions I would like to ask you before um I pulled you over. Um my questions are very direct, so I do need to advise you of your rights, okay? Before I proceed with asking you any questions. Um so, you do have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer, have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you. You can decide any time to exercise these rights, not answer any questions, or make any statements. Do you understand each of these rights I've explained you? Having those rights in mind, would you like to speak with me? >> Uh, I don't know where I stand with you. >> To be honest with you, I don't know where I stand with you. And so I don't like I don't know where your head space is at right now. >> Me? Uh well I just I would like to ask you questions but I can't >> honestly like at this point in time this is my feelings. >> Of course >> I would like to pull my car into this parking lot and just Uber home and go get my car >> tomorrow. If you want to arrest me then I will pull my car over and I will just get in the [ __ ] car at this point. Just I I'm not even going to [ __ ] [ __ ] Like I'm not even going to [ __ ] do this. >> She ask me if you want to answer a question. >> No, I know. I understand it, but I don't know where her head like I don't know. >> She's going to tell you where her head is when she answer when she ask question. >> I understand, sir. But it's it's cool. All right. So, >> I will answer whatever question that I feel comfortable answering. I don't know what questions you're going to about to ask me. >> So, I feel I know my rights. >> Yeah. >> So, you don't have to speak with me, you know, either way. It's up to you. >> Yeah. >> Are you willing to speak with me or No, >> I am willing to speak with you. >> Okay. Um, so where were you coming from before I pulled you over? >> Cissis in St. >> Okay. Um, did you have dinner or like >> Yes. >> What kind of venue is it? Or um restaurant. >> It's just a restaurant. I literally just had dinner with my friend. >> Okay. Uh, what did you have to eat? >> Steak. >> Steak. >> Steak and French fries and oysters. Doesn't wrap raw. >> Oh, that sounds good. Creme brulee for dessert. I know exactly what I eat. I love my food, honey. I love I love what I eat. I had a dozen oysters Rob. I had the steak fritters with the with a freaking French fries and ketchup. >> And then I had my creme brulee for dessert. >> That sounds good. That's probably like dessert >> freaking And you know what? Like it's like I never treat it was like a dinner that you just treat yourself and >> is like a celebratory dinner or is it just just because? >> It was like a we haven't gotten together in a while and it was just like a Yeah. >> Okay. like a just because we both got races at work recently and >> Oh, that's awesome. >> Yeah. >> Okay. >> And so it's just let's go out to eat and have a good meal. >> Okay. Um did you Today's Thursday. Did you have school earlier or did you work earlier today? >> So right now I'm bar prepping. >> Okay. >> I had work all day. >> Mhm. >> And bar prepped after. >> Okay. And then from work, did you just come down here? Yes, ma'am. >> Okay. Throughout the course after work, um did you have anything to drink? Any alcoholic beverages? >> No, ma'am. >> Okay. Um, are you taking any prescription medications? I know you mentioned that at all to help study. Okay. >> Other than that, do you um use like marijuana or THC recreationally or anything like that? >> Um, prescription? No. >> No. >> No. I I >> Okay. >> Literally just Adderall on my birth control. >> Okay. Um, you said you're you have a personal trainer, correct? >> Yes. >> Crunch. Do you typically have balance issues? >> Yes. With especially with the boozer balls and stuff like that. Yeah, because I'm not one I'm more of like a weightlifter that squats heavy weights. I do a lot of heavy weight lifting. >> Okay. >> As opposed to like balance like balance or Yeah. >> Okay, that makes sense. Um >> uh so I I do smell an odor of an alcoholic beverage. Okay. So I know you have been drinking wine. >> Okay. All right. Just one glass of wine. >> About two. >> Okay. Okay. I would maybe say like two and a half depending on the pore size. >> Yeah. >> But yeah. >> Do you feel um any do you feel any type of buzz from it right now? >> No. >> No. Okay. On a scale from 1 to 10, one being completely sober, 10 being the most drunk you've ever felt in your life, where would you place yourself on that scale? >> Like a two or three. >> Okay. All right. >> Okay. Um so what I'd like you to do is just face my windshield for me. All right. Just place your hands behind your back. You're in arrest for driving under the influence. >> Well, I I don't want you to drive any further. >> Um, >> everything right now. >> Yeah. >> My phone and my >> everything will get taken and given to you. >> And then everything will work out. >> If you want to um You're allowed to make three phone calls if you need to call a friend for your dog to come over to your apartment. >> You just my one friend, but uh I don't know her number. It's my cell phone. >> Okay. That's going to go with you. Okay. >> Yeah, but I just need to find my number. >> Okay. Do you have anything in your bra or anything? Okay. Um, how long will like the next? Um, so from here, we're going to go down to the station for the breathalyzer. Okay. After the breathalyzer, you'll get transported up to Penllis County Justice Center. It's typically a minimum of 8 hours from the time that you're arrested. So, from the time now, you'll be released 8 hours from now. So, you have a phone. Do you have a wallet in your purse that you'd like to go with your house? >> My front seat, and I would like to bring it. Yes, I would like to bring it with me. My my car key, my wallet, and my phone. >> They're all in the passenger front. >> Okay. Just come to this back side over here. Okay. We'll make sure everything goes with you. Um, I'm a little bit um I'm not going to lie to you. >> Yes, ma'am. I am not like I don't want you to [ __ ] me. >> Yeah. But >> go ahead. Have a seat. >> I'm a little bit nervous because I don't need these. I will comply. I really want to go for your safety. >> No, I have it's policy. We have to keep in mind that >> I think I'm going to not have a if I have to go cuz I came from defense. If I have to go in general population, I will freak the [ __ ] out. Like I already know I know that work up there. I really >> I understand but I am I know those type of I've I've represented those I cannot I >> just I don't know what their um policy is up there. I know you're going to get booked in. and they'll get a a photo and then from there they'll make you change, but I'm not sure the housing or how they keep people typically. I'm sure if you raised your concern and ask the booking staff, it all depends on your attitude. I guess when you get up there, just ask them. Say, "Hey, can I get a separate >> I can like um >> just ask I I would ask like is it possible for me? My mom is out of state. my family, like my friends. Yeah, but they're pieces of [ __ ] friend. Like, they're not friends that I would call to trust any day of the week. Like, anything. >> Is it possible like for me? >> Mhm. >> Like, how can I call my mom now? Like, can I just tell her, "Hey, mom, I'm being arrested. Like, I need you to I'll see what I can do when we get back to the station." Okay. We have to head out from here, but I'll I'll >> What's going to happen with my car? Um, it's Let me I'm going to check it real quick. >> Someone just like [ __ ] like just pull it into the parking lot or something. >> Yeah, right there. >> I can do that. It'll be right by Subway. Um, that other officer couldn't do it for you. It I won't impound it, but it'll be there. Just I'll make sure I write down the address so you know where it is to come get it in the morning. Okay. Tango 24. Can you show me 15 DUI at 10:12? I'm I'm going to let her I'm just going to park it. Um probably in the lot. I'm not going to impound it. I have to push the start >> if it is. Yeah. Do you mind parking it for me or if you want me to do it? If you want to stand by with her. >> Yeah, I don't mind you doing it. I think it's still jammed up there. >> Yeah. No, that's fine. Yeah. Hang on to her stuff. I'm going to go move it real quick. >> I think it's in her mom her mom's name anyway. So >> Oh, no. You're fine. >> [music] [music] [music] >> Heat. Heat.
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