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Hello. How are you today? >> Good. How are you? >> Good. I'm officer Rancy Osbury Park Police Department. Send a shot stop video recorder. >> So, I have this and then I also have this. >> Okay. You know the reason for the stop tonight? I have no idea. >> Okay. When you were at that stoplight, there was a car in front of you, but yet you went around them to turn uh onto Memorial Drive. >> Oh, >> yeah. Yep. So, you went on to oncoming traffic to go around them. >> Okay. >> Who's this car from? >> Uh, this is my car I hold. >> No, no, no. The card, the PBA card. >> Uh, it's my neighbor Glenn. He lives across the street from me. >> He lives across the street from you? >> Yeah. >> Okay. Where you coming from tonight? Uh, I think I'm going home. >> Okay. Where's home? >> Uh, >> okay. And this car is belongs to you. >> Yes. >> All right. So, any reason why you went around that car like that? >> Okay. Okay, give me one second. I'll be right back with you. >> Thank you. Go make some more real quick. season. >> You want me to ask like for any information? >> Oh, you got it. What was that? Where you coming from? Where you going? All right. >> How you doing? >> Hey, how are you? You >> you heading home or no? >> Uh, yeah. I'm going to, you know, that area. >> Oh, okay. No problem. Where you coming from now? >> Uh, I came from I'm heading home now. >> Okay, sounds good. All right, the officer will be back, right? >> Yeah. And she said I said, "Where you?" She's going home. I said, "Where you come from?" I'm stuck. I did get like a whiff of it, but it kind of smelled like Listerine. You know how you smell Listerine? >> Yeah. >> Kind of smell like that. But I did smell. But they do like, you know, did they some beverages they make, you know? Yeah. >> It tastes like licorice, you know. We go just juice. Yeah, that's why you got the test to determine if you whatever you want. You can just talk to them more. >> All right. So, you said you're coming from George's. >> Yeah. >> All right. You mind just turning the car off for me real quick? >> Yeah, sure. You >> mind stepping on? I'm going just talk to you in the back of the car. >> Yeah. We'll just go right over right right here on the sidewalk. Okay. >> Yeah, it's fine. >> All right. So, how much did you have to drink tonight? >> Uh, honestly, only like one drink. Two drinks. >> One or two drinks? >> Yeah, I was there for uh John Stewart. >> Okay. John Stewart was there. >> Okay. Cuz I'm getting a whiff of alcohol from you tonight. So, what did you have to drink? >> I had two beers and that's it. >> Just two beers. No, no mixed drinks or anything like that. >> No, no, I don't. >> Okay. >> Yeah. >> Okay. All right. I just want to My my main concern is that you're going to be okay to drive home. Okay. That's my biggest concern. All right. Um so, my thing is I want to just run you through some field sobriety tests just to make sure that you're okay to drive. Okay. >> Okay. >> You understand? uh legally do I have to or >> you don't have to but the so basically from the driving pattern that you that I saw okay the alcohol that I smell coming from your breath >> basically the test for if you only had two drinks yeah the tests are for you okay because without that I could just arrest you for the suspicion of driving while intoxicated >> if I if you pass all these tests I don't have to go that route You get what I'm saying? >> Understand? >> So, this is kind of to help you out, saying that >> listen, when I pulled you over, I ran through the test, you were fine. God forbid you go and hit something. >> Yeah. >> You know what I mean? So, I just want to make sure that you're okay to drive home. So, where are you? You're you're going >> I'm coming from here to >> Okay. >> Do you know that area at all? >> Not really. Not too much. But let's go over here to a flat surface. Okay. >> Sure. >> All right. Um, so the first test I'm going to do is I'm going to just check your eyes. Okay. You mind just turn my lights off? >> Yes. The lights to go off. All right. Turn up the camera. I have one out for testing. >> One out for testing. 14. >> All right. So, the first thing I'm going to do is I'm going to check your eyes. Okay. Do you have anything wrong with your eyes or anything like that? >> No, I'm just I have glasses. >> That's it. Yeah. Okay. All right. That's That's not a problem. Um >> Yeah. So, the first thing I'm going to have you do, just take your hands out of your pockets, feet together, arms down to your side like that. Okay. You're going to take Keep an eye at the pen. Okay. Tip of the pen. You see the tip of my pen? >> Yeah. >> Okay. Can you tap the tip of my pen? >> Okay. Perfect. All right. So, I'm going to do without just keep your hands to your side. >> Without moving your head all near your eyes, you're going to uh follow the tip of the pen wherever it goes. Okay. >> Mhm. >> You understand? >> Yes, sir. >> All right. Oh, don't move your head. >> Don't Don't move your head. >> Sorry. >> Just keep an eye on the pen. Okay. Keep an eye on the pen. Keep an eye on the pen. Keep an eye on the pen. I can tell when you look past it. Okay. >> Yeah. All right. The next test I'm going to have you do is the walk and turn test. Okay. So, what I want you to do for me right now, okay, >> hands to your side, feet together like so. Okay. Uh you're going to you're going to put your uh left foot on the line. Make sure making an imaginary line. Okay. line. >> There's going to be an imaginary line. Okay. Put your left foot on that imaginary line. Your right foot in front of it touching heel to toe. >> Sure. And then you put your right foot in front of it touching heel to toe. >> What do you mean he? So like >> like that. >> Oh, okay. Like that? >> Yep. Touch uh your feet heel to toe. Keep your hands down to your side. Okay. Hands to your side. Heel to toe. Can you put your heel to toe? Okay. All right. You're going to stay like that until I tell you to begin. Okay. Um, so when you're told to begin, you're going to take nine heel to toe steps in a straight line. Turn around, keep one foot on the line as I will demonstrate, and you return nine heel totoe steps back. Okay. >> Okay. So, you want me to walk nine steps this way. >> Correct. >> And then nine steps back. That's what you're >> correct. Y, >> that's what you're saying. That's what basically what I'm saying. You got to keep your heel Yep. Keep your heel to toe. >> Yeah. Sorry. I I have ADHD, so I'm trying to follow what you're saying. >> Okay. >> Yeah. >> All right. No problem. Um, so on your nine step, keep your front foot on the line. Turn around by taking several small steps on the other foot. Okay. So, basically, and then nine steps that way. >> I'm going to show you right now. Okay. So, it's it's going to look like this. All right. So, this is your starting position. What you're supposed to still be in. >> Yeah. >> Get back in your starting position. >> Well, I'm gonna I'm gonna watch you and then I'll go back to it. >> Okay. >> So, one, two, three. You're going to keep your lead foot on the line. >> Mhm. >> Take a series of small steps. Okay. >> And then one, >> two, three. But you're going to do nine. I did three for the state of uh Okay. But you're going to also count out loud. >> Okay. Okay. Do you understand those instructions? >> Yes, sir. >> Okay. >> You may begin. >> One, two, >> miss. >> Three. >> Yes. >> Four. >> Yes. >> Five. >> Yes. >> Six. >> Miss. >> Seven. >> Miss. >> Yes. >> Miss. >> And then you want me to turn around. Y >> and then do another series of nine. >> Correct. As instructed. Yeah. 1 2 3 4 5 6 7 8 Okay. All right. I'm going to just run you through one more test. Okay. >> Yes, sir. >> So, on this last test, it's going to be the one leg stand. Do you have any issues with your legs or anything like that? >> I mean, it's just ADHD. That's it. just ADHD. Okay. So, you could for this test, you could use either leg of your choice. Okay. Just take your hands out of your pockets for me. Down to the side, feet together. >> Okay. >> So, you're going to stand with your feet together, arms by your side. Do not begin the test until you're instructed. When I tell you to do so, you're going to raise one foot off one raise one leg, either leg approximately 6 in off the ground. Point uh foot pointed out. Keep your eyes straight. Do not bend your knees. Keep your eyes on your raised foot. Okay? While you're holding that position, count out loud. 1,002 100,00 and so on and so forth. Okay? Um, do you understand? >> All right. So, basically, you want me to stand on one leg. >> It's going to look like this. Okay? And you're going to have it out 100,00 1,002 100,00 so on and so forth until I tell you to stop. >> Okay? >> Okay. Do you understand? >> Yes, sir. >> Okay. All right, whenever you're ready. >> Honestly, I'm not good with balance. I'm trying. >> Okay. >> Is that Is that three? >> You have to keep going. >> You got to keep going until I tell you to stop. Do >> I have to get to six? >> No, you may stop. Okay. >> All right. >> Just cuz I I don't have good balance. >> Yep. All right. For this the last one, I'm going to have you just turn around for me. >> Yes, sir. >> Okay. And just put your hands behind your back. All right. I think you had a little too much to drink. Okay. Got a little bit more in the two beers. All right. Uh, what are you going to do with my car? >> It's going to get towed. Okay. >> Where? >> Uh, I'm not sure. >> We'll notify you at headquarters. So, this office is going to take you to headquarters. He'll talk to you more over there. >> You mind uh bring the uh Can I have my phone and phone? >> We're going to get everything for you. Okay. >> All right. two knives in the counter. I have one. >> Yeah. You mind just uh >> You just want wallet and the phone. >> I have I'll grab it. >> So my my wallet is red and my phone is like purpleish. >> Yep. I'm going to grab everything for you. Okay. He's going to bring you in and we'll do the next test at the headquarters. Okay. >> What's the next? Okay. >> Okay. >> You want to you standing by with the mind? You're already certified. >> Okay. No problem. All right. Thank you, sir. I'm going to go in here. >> This one? This one? >> This one? >> What's your name? >> Gutierrez. Officer Gutier. You can call me Kevin. >> Kevin. >> All right. >> Is your driver's license in your wallet? >> It should be. Yes. >> Okay. You got her deal, right? I'm going to need that real quick, but I'll get it in a bit. >> That for me? >> Yeah. Okay. here. Get inside of here. >> Yes, sir. And where's your wallet? >> Uh, there's a red wallet. It should be in the uh like center console. >> All right. You can slip. >> Yes, sir. >> I'll make sure he grabs. All right. Is it uh the other deal? >> Yeah, it's actually sitting right on my uh camera. >> Okay. >> I don't see her. >> All right. >> Uh I'll check right now in a bit. Where's the deal? >> Where's the deal at the computer? >> Oh, okay. Okay. My bad. to 73. Got it. >> Uh, negative. >> Oh, this one. The little blue one. >> Yeah. >> Yeah, you can bring all that. >> All right. >> I'll get it from you in there. Keep it behind. Oh, okay. All right. >> Can you just see your keys? >> Yeah. Yeah. >> Um, do you have the keys on you by any chance? >> Uh, they might be in my It It's probably in my left side. Okay. >> Check my left side. >> Front. >> Yeah, front side. Yeah, >> it >> Yeah, those are my keys. Yes. Yes, sir. >> I was going to take the You can take a seat again. I was going to take the key fob out. All right. >> All right. Yes, sir. You hit a you hit a toe out already. >> Yeah. >> All right. Oh, there you go. And there's a lot of strong order of alcoholic beverage emanated from a person in Brooklyn. >> Oh, okay. Cool. >> As I'm putting there. Yeah. I I >> And not 100% good. So, >> yeah. Do you have a packet with you ready to go by any chance or No, I have a packet in my trunk. >> All right. Perfect. I'll grab it for you. All right. All right. Cali from through it. 83. >> I'll be transporting female 41 headquarters from this location. Start mileage 126 581. This is transferring a female 412. What's the color you got? Riches. County from 308. I'll be arriving 103 handed miles will be the same. Just come back to you secure sal please. Give me one sec. Don't step out yet. Give me one sec. Okay. All right, you can step up big. >> All right, you know one sec. Just follow me. All right. Take a left right here. Straight ahead. Yes. ALL RIGHT, I'M GOING TO TAKE THE CUFFS OFF HERE FOR NOW. ALL RIGHT, actually you walk over Take this one off first. A little closer. You might feel a little pressure, but One sec. Do you have you have anything else in your pocket? >> The only thing I have. >> Yes, sir. My >> in your back pockets. >> Uh, this is just >> and nothing in my back pockets. Okay, no problem. I'm going to take you to another another area here and we're going to do the the third the another test. All right. All right. And I'll explain why we phone. Take a wait here. I'm going to bring a chair out. Stay right there against the wall. Just take a seat there. Relax. Okay. All right. Uh, before we get things started, I got to Right. >> Yeah. Yeah. >> Do you do you like do you want to be referred as and you go by aliases or anything? No. >> No. >> Okay. Um >> All right. So, I'm going to read you first and foremost before I get started with everything. I want to read you uh your Miranda warnings. All right. >> All right. So, and then once I read every line, you're going to put your initials here. All right. Um you have the right to remain silent and refuse any answer any question. Do you understand? >> Okay. So, can you initial just the first line number one, please? Do you understand? Right. You keep the second line. Anything you say may be used against you in a court of law. Do you understand? >> Yes, sir. >> Number two. You have the right to consult with an attorney at any time and have him present before and during questioning. Do you understand? Mhm. >> Okay. Number three. If you cannot afford an attorney, one will be provided if you so desire prior to any questioning. Do you understand? A decision to wave these rights is not final and you may withdraw your waiver whenever you finish either before or during questioning. Do you understand? Right. Number five, please. >> I acknowledge that I have been advised of my of each of my constitution the right as initials above and that I understand these rights. Do you understand? You put your signature there, please. Okay. Having these rights in mind, I wish to wave or give up these rights and make a known and voluntary statement and answer questions. >> Do you understand? >> Yeah. >> Put your sign right there. >> Can you give me a call? 230. Can you give me a call, please? >> All right. So, I've read you that. I want to read you another page. All right. Before I ready that, so I'm going to start a 20-minute observation. What a 20 minute observation is that we have to wait 20 minutes. I just have to like look during those 20 minutes, you cannot burp, cough, or sneeze or belch >> or uh that's just a a rule. All right. You have anything in your mouth like any gum or anything? >> No. Okay. >> Sounds good. So just during those 20 minutes, you can't burp or you can't like like do like stuff like that. All right. >> All right. Okay, understand. Okay, no problem. >> One sec. >> Count it from 308. Just not 20 minute observation start. 720. >> We'll put an alarm right here. All right. So, next thing form I'm going to read you is a New Jersey attorney general standard and general standard statement for motor vehicle operators. All right. >> All right. So, You have been arrested for driving while intoxicated. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of taking of the breath samples including the test results will be made upon your request. A copy of that record will be available to you. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood or urine for independent testing. If you refuse to provide samples of your breath, you will be issued a separate summon for refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation up to 20 years. a fine of $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. These penalties may be in addition to penalties and pulls by the court for any other offense of which you are found guilty. Do you have no legal right to have an attorney, physician, or anyone else present for the purpose of taking your breath samples? You have no legal right to refuse or give or delay given samples of your breath. Any response from you that is ambiguous or conditional is in any respect to my request that you provide breast samples will be treated as a refusal to submit your breath testing. Even if you agree to take the test but then do not follow my instructions, do not properly perform the test or do not provide sufficient breath samples. You could be charged with refusing to submit breast breath testing. I repeat, the law requires you to submit samples of your breath for testing. Will you submit the samples of your breath? >> Yes, sir. Okay. >> You just put me on the traffic stop. [music] >> [music]

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