"I'm Not Hanging Up!" Entitled Driver Causes Wrong-Way Crash — Gets 15 Days | Legal Breakdown

Added: 2026-06-03

[00:00:00]I'm not going to hang up the phone. It's my dad. I wanted to stay here.

[00:00:04]>> Okay. I need you to hang up the phone.

[00:00:05]>> I'm not going to hang it up.

[00:00:06]>> Okay. He's telling you to >> I'M NOT GOING TO HANG IT UP.

[00:00:10]>> LORI, LORI, LORI, LORI, JUST HANG UP.

[00:00:13]>> OKAY, I'D RATHER GO TO JAIL.

[00:00:18]I'M GOING TO JAIL FOR NOTHING.

[00:00:20]>> ON THE 12TH of September, 2024, in Sebastian, Florida, a traffic collision escalated into a complex DUI and resisting arrest incident. Rather than recounting the factual events of the crash, we will focus exclusively on an in-depth legal analysis of the detention.

[00:00:45]>> Do you need a Do you need EMS?

[00:00:48]Do you need the paramedics to come check you?

[00:00:51]So, were you driving?

[00:00:53]>> No, I was in the red Honda Civic that just got almost got nailed.

[00:00:56]>> Okay.

[00:00:56]>> But, this is my underneath and probably hit the whole bottom of my car.

[00:00:59]>> So, that car and that car.

[00:01:01]>> What happened was is the lights were green. She's on that side of the lane.

[00:01:05]She started making a left in the no left. Yeah.

[00:01:07]>> Oh, okay.

[00:01:07]>> And he was going narrow >> So, she was at fault?

[00:01:10]>> It Yeah. Narrow to right here.

[00:01:13]Can be we jacked up right here. It was in the floor.

[00:01:15]>> All right.

[00:01:16]>> Narrow to right here.

[00:01:17]>> All right. Forus, it's kind of Forus 28.

[00:01:21]Are you the driver on this one?

[00:01:23]>> Yes.

[00:01:23]>> Are you okay?

[00:01:25]>> Yeah, I'm okay.

[00:01:26]>> All right.

[00:01:26]>> God, I got to go.

[00:01:28]>> All right. So, do you need EMS to come check you out?

[00:01:30]>> No, I'm okay.

[00:01:32]Um my leg's a little scraped, but I >> All right. Sounds good. So, can you tell me what happened?

[00:01:38]>> Um they looked like they were making a left into the one-way.

[00:01:41]>> Oh, into here?

[00:01:42]>> And I was going through a green light.

[00:01:45]>> All right. So, that way?

[00:01:46]>> I did this way.

[00:01:47]>> This way. Got it. She was going that way. Got it.

[00:01:54]It's okay.

[00:01:58]Okay, I get that. THIS IS AN ACCIDENT.

[00:02:00]SHE'S FINE. OKAY, we don't need you at the accident, okay?

[00:02:04]>> Why?

[00:02:05]>> Because she WAS INVOLVED.

[00:02:08]I GET THAT, BUT THIS IS AN ACCIDENT. NO, she can't leave. THIS IS AN ACCIDENT.

[00:02:12]IT'S an accident.

[00:02:17]>> Relax.

[00:02:21]>> She was turning into She was turning in here.

[00:02:24]She was turning Yeah, she went the wrong way.

[00:02:28]>> WHAT DO YOU MEAN THE WRONG WAY?

[00:02:29]>> THIS IS A ONE-WAY STREET.

[00:02:31]>> I didn't >> [crying] >> Ma'am, it's okay. Do you need EMS to come check you out? Are you HURTING AT ALL?

[00:02:40]I OKAY.

[00:02:43]I GET OKAY, IT'S OKAY. IT'S OKAY.

[00:02:44]LISTEN, it's a one-way street. Are you okay? [laughter] All right, relax. It's okay.

[00:02:52]Yes, yeah, ran everybody already.

[00:02:55]Uh she's the driver. I ran the RO on that one, RO on that one. Uh is this the registered owner of this vehicle?

[00:03:02]Do you want to come sit over here?

[00:03:06]RELAX.

[00:03:09]>> I DON'T CARE ABOUT THE CAR.

[00:03:25]>> The female driver for the BMW.

[00:03:27]Does [laughter] she need EMS or not?

[00:03:31]Okay, she don't want any EMS.

[00:03:33]Okay, does she want EMS to come check her out? This is an accident.

[00:03:37]They called an ambulance.

[00:03:38]>> She She's going to have a really bad day.

[00:03:40]>> She's DUI?

[00:03:40]>> Absolutely.

[00:03:41]>> Okay.

[00:03:42]You want to run it?

[00:03:44]>> You do the crash, I'll do the DUI.

[00:03:45]>> Perfect. Go ahead.

[00:03:46]>> You want to do the crash first?

[00:03:47]>> I'll do the Yeah, I'm going to do the crash. I have the two rotations coming out.

[00:03:53]>> Why?

[00:03:54]>> No, I'm not going to tell you.

[00:03:56]>> She can refuse it.

[00:03:57]>> Okay. Relax.

[00:03:59]Relax.

[00:04:00]Okay. Can you go back to your car, please?

[00:04:06]Can you go back to your car, please?

[00:04:07]Thank you.

[00:04:13]Okay.

[00:04:17]Okay.

[00:04:21]Okay.

[00:04:22]Ma'am, for the fifth time, please.

[00:04:25]Ma'am, for the fifth time, I don't remember your name, but with the broken phone please go back to your car.

[00:04:31]I'm not being rude to her. I'm being direct.

[00:04:39]It's okay.

[00:04:44]Okay.

[00:04:49]We know that. We know that. It's an accident. It's not on purpose.

[00:04:53]Yeah.

[00:04:58]>> We just got here yesterday.

[00:04:59]>> Okay.

[00:05:01]>> It's okay. It's okay. I don't care about the car.

[00:05:04]I don't care about any of that.

[00:05:10]It's okay.

[00:05:11]It's okay. No one got hurt.

[00:05:13]We're going to go home. We're going to go home.

[00:05:16]We're going to go home.

[00:05:17]It's okay.

[00:05:19]It's okay.

[00:05:21]We got to wait for the crash to be done.

[00:05:22]>> Okay.

[00:05:24]>> I'm sorry?

[00:05:26]What do you need to get out of the car?

[00:05:28]Can you just wait a second?

[00:05:30]Well, you can hit my mom vape.

[00:05:33]Let's Let's just not hit vape right now.

[00:05:34]We don't need to hit vape right now.

[00:05:36]I know it, but we don't need to hit vapes right now.

[00:05:41]What evidence is there of that in the car?

[00:05:43]>> I didn't I haven't looked in the car.

[00:05:45]right, guess what?

[00:05:46]>> I don't anything now.

[00:05:48]I don't smell it.

[00:05:49]>> I know. I know. It's okay.

[00:05:53]I know. You were close. You were right.

[00:05:56]It's okay.

[00:05:56]>> She's declining.

[00:05:57]>> It's okay. It's okay, baby. I promise you no one cares about the car. No one's hurt. Okay? No one got hurt?

[00:06:04]>> No one's hurt.

[00:06:04]>> No one got hurt. No ambulance is coming.

[00:06:06]I don't care about the car.

[00:06:07]>> It's fine.

[00:06:09]>> It's okay.

[00:06:10]You don't know that.

[00:06:12]You don't know.

[00:06:13]It's okay.

[00:06:15]>> Hey guys, how y'all doing?

[00:06:17]>> GOOD.

[00:06:18]>> OH.

[00:06:21]WERE YOU GUYS THE DRIVER Are you the driver for this car? You're the driver?

[00:06:23]You okay?

[00:06:24]>> Yeah, I'm okay.

[00:06:24]>> You want to get checked out by EMS?

[00:06:26]For sure?

[00:06:27]>> Yeah, I'm good.

[00:06:29]>> Did you hit your head?

[00:06:30]>> No.

[00:06:30]>> Were you wearing your seatbelt?

[00:06:31]>> Yeah, I was.

[00:06:41]>> Hi.

[00:06:43]Got these people here.

[00:06:44]>> Gray shirt and then she's our driver.

[00:06:49]>> What's your name?

[00:06:51]What's Does she have her driver's license in the car?

[00:06:54]>> I'm sure in her pocketbook.

[00:06:56]>> Is it okay if I grab your license so I can add you to the car to the crash?

[00:06:59]>> Yeah, I would I would prefer I get you your license.

[00:07:01]>> Are you okay to walk and go over there and get it?

[00:07:03]>> Yeah, that's perfect.

[00:07:04]>> I have no shoes on cuz I just got my nails done.

[00:07:06]>> Okay, no that's fine.

[00:07:26]Don't go hang up yet. I'm not giving you All right, thank you.

[00:07:39]Check out my license.

[00:07:47]>> What are we looking for?

[00:07:48]>> I just want to make sure her car wasn't parked in these rows.

[00:07:56]>> Yeah, I don't think it's going to go too far.

[00:07:59]>> Hey Lauren.

[00:08:02]Are you ready to get checked out?

[00:08:04]>> Um, what do you mean by that?

[00:08:05]>> Uh, they need to go ahead and make sure everything's okay. Can I ask you some questions, okay?

[00:08:10]So, I have everybody's information, but I think she's DUI, so Kaskinen wants doesn't want to do the DUI, so Hansen is going to do the DUI.

[00:08:21]>> Why does he think she's DUI?

[00:08:23]>> Because she's staggering, she's she's all over the place. Oh, he said he can smell it, Hansen was here first on site and he uh, you could just tell that there's something there's something off with her.

[00:08:34]>> Okay.

[00:08:35]>> Definitely. Oof. So, we have a um, a a rotation and a record coming to come pick up your vehicle. Is there anything in your vehicle that you need to get out before they take your car? Um, go ahead and put everything in your backpack if that's where you're going to carry it um, because they're going to tow it.

[00:08:52]>> Okay.

[00:08:52]>> All right. So, take your registration, insurance, your license. Um, it looks like we already have one of the tow trucks here, so go ahead and grab everything and if you want to have a seat over here until they um, Do you have anybody to take you or pick you up?

[00:09:06]>> on her way.

[00:09:06]>> Perfect, okay.

[00:09:10]>> You guys didn't want to witness anything or anything from >> No, no, no, no. What's going to happen is you guys pretty much saw what everybody else saw. So, the insurance is probably going to call you and >> I Yeah, cuz I'm a witness to the accident in the parking lot.

[00:09:22]>> to confirm it.

[00:09:22]>> Yeah, they're going to call you.

[00:09:23]>> here to help fill this out?

[00:09:24]>> No, no, no, no, no, no, no, no, they call you. No, no, they call you to kind of verify the story.

[00:09:29]>> Cool.

[00:09:29]>> Okay.

[00:09:30]>> Thank you, man. I appreciate it.

[00:09:31]>> You're welcome.

[00:09:32]>> Thank you.

[00:09:38]>> No, you're fine. Are you a little bit more calm?

[00:09:41]>> I think >> Okay. So, I just just like I asked him, do you know what happened or what happened?

[00:09:46]>> turned on the wrong road. I thought it it used to be the way to go.

[00:09:50]>> Mhm.

[00:09:51]>> I I don't know. I I I don't know what happened. I was just kind of zoned out.

[00:09:56]I was driving home from the nail salon and I thought this is the way. I don't know how else to explain it and I turned.

[00:10:01]>> Mhm. Are you visiting Sebastian?

[00:10:03]>> No, I'm I'm from New York.

[00:10:04]>> Need your signature.

[00:10:06]>> here?

[00:10:06]>> Yeah.

[00:10:07]>> Oh, okay.

[00:10:07]>> And I and I thought this is It must be one road over.

[00:10:10]>> Yep, it's one road over.

[00:10:12]>> It's one road and and I just didn't think of >> Okay.

[00:10:15]>> And I I don't know.

[00:10:16]>> All right. Sounds good.

[00:10:17]>> I don't know. I'm so sorry.

[00:10:19]>> It's an accident. Accidents happen. All right.

[00:10:23]Hold on.

[00:10:25]Oh.

[00:10:26]Hello.

[00:10:28]All right. All right.

[00:10:30]>> Yeah, I'm okay.

[00:10:32]>> Aw.

[00:10:32]>> All right.

[00:10:34]What's up?

[00:10:36]Where'd you come from?

[00:10:36]>> I'm here.

[00:10:37]>> Okay. Let's go back over here.

[00:10:40]They're going to tow the truck.

[00:10:43]Um am I Do I need a property receipt or anything?

[00:10:45]>> Um I'm going to give you a case number, but I just have to confirm with >> Officer Sanchez. So, just give me a minute, okay?

[00:10:52]Just so you can get the information for the tow cuz Firehouse came, but I'm pretty sure they're picking up the his truck.

[00:10:59]Um so, we might have a different tow company. Let me >> No problem.

[00:11:03]>> Let me get that information.

[00:11:05]>> What's up?

[00:11:06]>> So, Devin, just wanted to make sure that I was done with the crash.

[00:11:08]>> Are you done?

[00:11:09]>> I am done with the crash.

[00:11:10]>> Did pictures? You did everything?

[00:11:12]>> Yeah, I got everybody's information.

[00:11:13]This is This is >> stand by him.

[00:11:15]>> That's her?

[00:11:16]>> Yeah, I'm good.

[00:11:17]>> I already ran her. I got her phone number. She's good. The car We just have to clear here and she's yours.

[00:11:22]>> He's going to He's going to move this one first since it's in the middle of the way. You can go with him.

[00:11:27]>> All right.

[00:11:27]>> Okay.

[00:11:28]>> All right.

[00:11:28]>> Go ahead, sir.

[00:11:29]>> Can you His wife is here.

[00:11:30]>> Okay.

[00:11:31]>> She He wants to get out of here. If you want to get in like this or or >> Yeah.

[00:11:34]>> Do we have to wait >> No, let me get him a case number.

[00:11:37]>> Yeah.

[00:11:37]>> 406. Can I get a case number?

[00:11:40]>> Go ahead and hang up the phone, Lauren.

[00:11:41]>> I'm not going to hang up the phone. This is my dad. I want him to stay here.

[00:11:44]>> Okay. I need you to hang up the phone.

[00:11:46]>> I'm not going to hang it up.

[00:11:47]>> Okay.

[00:11:47]>> He's telling YOU TO >> I'M NOT GOING TO >> LAUREN, LAUREN, LAUREN, LAUREN, JUST HANG UP THE PHONE.

[00:11:53]>> OKAY, I'M GOING TO GO TO JAIL.

[00:11:58]I'M GOING TO JAIL FOR NOTHING.

[00:12:01]>> WHY IS SHE GOING TO JAIL?

[00:12:02]>> STAY THERE CUZ SHE'S RESISTING. Stay there.

[00:12:04]>> Resisting what?

[00:12:05]>> She's not listening to him.

[00:12:08]Do not walk out in this road. I'm telling you right now you'll go to jail, too.

[00:12:11]I'm warning you right now.

[00:12:15]>> You got key holes up?

[00:12:16]>> Yep.

[00:12:16]>> All right.

[00:12:26]>> What am I going to jail for?

[00:12:28]Seriously. Can we Can we just start over? Like seriously, I didn't do anything.

[00:12:33]>> You had your chance. All right, you'll have another chance down at the jail.

[00:12:35]>> Can we just start over? Please, CAN WE START OVER? SERIOUSLY, I I'M GOING THROUGH A VERY TRAUMATIC THING right now.

[00:12:42]REALLY?

[00:12:43]CAN WE JUST START >> YEAH, BETTER THAN SEBASTIAN.

[00:12:47]SO, my car is blocking the road right now.

[00:12:49]>> Where's that?

[00:12:50]>> Right there, by 62.

[00:12:51]>> All right, bring it down here. There's a volunteer up there.

[00:12:53]>> Okay.

[00:12:54]>> Then why Where Where is she going now?

[00:12:56]For what reason?

[00:12:56]>> Hold on, hold on. I'll explain everything to you, okay? Just give me a second.

[00:13:00]>> You're right.

[00:13:03]>> As soon as I find out everything, I will explain everything to you, okay?

[00:13:06]>> Just calm down, Lauren.

[00:13:09]>> I don't understand what I'm being Can you Can you Can you someone explain to me what I'm being arrested for?

[00:13:13]>> Resisting.

[00:13:13]>> I didn't do anything wrong.

[00:13:14]>> WHAT DID I RESIST FROM?

[00:13:15]>> WE TOLD YOU TO HANG up the phone several times.

[00:13:17]>> IS THAT RESISTING? SINCE WHEN?

[00:13:20]>> AND SINCE YOU'RE OVER THE LIMIT.

[00:13:21]>> JUST START OVER?

[00:13:23]>> ALL RIGHT, let's go.

[00:13:24]>> I NEED SHOES. I NEED SHOES.

[00:13:26]>> YOU WANT TO SEARCH YOU REAL QUICK?

[00:13:28]>> SEARCH ME FOR WHAT?

[00:13:30]>> STAND RIGHT HERE. I'M GOING TO SEARCH YOUR YOUR PURSE. DO YOU HAVE ANYTHING on you?

[00:13:34]>> Does it look like I have anything on me?

[00:13:36]>> You can put something in your bra. I don't know. You tell me.

[00:13:41]>> You can't. So, that's something.

[00:13:44]>> Okay.

[00:13:49]>> Buckle up.

[00:13:51]>> Oop. Yep.

[00:13:59]>> Okay.

[00:14:00]>> Resisting what?

[00:14:01]>> Uh she's not obeying the law.

[00:14:04]So, all right. Listen. Listen.

[00:14:06]So, she'll be going to the county jail, okay?

[00:14:08]>> Okay.

[00:14:09]>> And I believe they're going to do a DUI investigation when they get down there as well, okay?

[00:14:14]That's what's going on, okay?

[00:14:16]So, I promised you I would tell you what's going on. That's what's going on, okay? So, right now, that's exactly where we're at, okay?

[00:14:23]>> Okay.

[00:14:24]>> Any questions that I can answer for you right now?

[00:14:28]>> No, no questions.

[00:14:29]>> Okay.

[00:14:30]>> Okay. So, I can see I can go to the county jail. Is that where she's going right now?

[00:14:33]>> It's going to be a little bit.

[00:14:34]>> I got to get my lawyer here and everything.

[00:14:35]>> Okay.

[00:14:36]>> So, I'm going to go meet you guys at the county jail.

[00:14:37]>> Okay.

[00:14:38]>> All right. No problem.

[00:14:40]Once she go to the hospital >> Cuz she was in a crash.

[00:14:44]>> She just denied the EMS service.

[00:14:46]>> That's not how it works, buddy.

[00:14:48]>> She has to be medically cleared before she goes to the jail.

[00:14:52]>> The first major constitutional threshold crossed in this incident involves the Fourth Amendment and the officer's authority over a crash scene. Under the landmark Supreme Court ruling in Pennsylvania versus Mimms, officers have broad legal authority to direct the movements of drivers. This authority is rooted in officer safety and the necessity to secure an active investigation scene from outside interference. When the driver refused the direct lawful command to hang up her phone, she crossed a critical legal line. She explicitly violated Florida statute section 843.022, defined as resisting an officer without violence. This statute strictly requires that the officer is engaged in the lawful execution of a legal duty at the time of the obstruction. Because the officer was conducting a mandatory crash investigation, the driver's active obstruction constituted a criminal offense. The First Amendment does not protect obstructive behavior, and the desire to make a phone call does not supersede lawful scene control commands.

[00:15:56]>> Copy, 10-4.

[00:15:56]>> What do you want me to do?

[00:15:58]On the floor?

[00:15:59]>> Uh yeah.

[00:16:00]>> search incident to arrest, yeah?

[00:16:01]>> Yep.

[00:16:03]>> I'm going to get her up there, okay?

[00:16:04]>> All right, sounds good.

[00:16:07]>> You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand the rights I've explained to you?

[00:16:12]>> It's pathetic that you don't know those by heart by the way.

[00:16:14]>> Do you understand the rights I've explained to you?

[00:16:16]You don't understand your rights? Would you like me to read them again?

[00:16:19]Okay. Are you willing to participate in field sobriety exercises?

[00:16:22]Okay. Failure to participate in the field sobriety exercises are going to lead me to have to make a arrest decision for DUI based on what I've already seen up to this point.

[00:16:29]>> then I'll You never told me that before, so I'll participate, I guess.

[00:16:32]>> Yeah. Okay, that's fine.

[00:16:36]So, what do I want you to do first if if you're going to participate in the field sobriety exercises?

[00:16:40]>> can I can I just >> You want me to finish this spiel?

[00:16:43]>> So, my two options are participate >> Yep.

[00:16:47]>> and then not participate and get a DUI for nothing.

[00:16:50]Right? Those are my two options.

[00:16:52]>> Nope. So, what I was reading was your Taylor warning.

[00:16:55]If you do not participate in the field sobriety exercises, I'm going to have to make an arrest decision for the charge of DUI based on everything I've already seen up to this point. And that refusal to do field sobriety exercises can be used against you in court. Okay?

[00:17:09]>> I'm not totally sure of what that means, to be honest.

[00:17:12]>> Okay. If you do not do the exercises, then I'm going to I'll show you how to do them.

[00:17:17]Do them I'll do show you how to do them, explain you how to do them. If you don't do them, I'm going to have to make an an arrest decision on whether or not I'm going to charge you with DUI.

[00:17:25]>> What's the decision >> If I'm going to add a charge of DUI.

[00:17:27]>> Wait, wait, I'm sorry.

[00:17:29]>> Right now you're not under arrest for DUI. It's just Correct. Right now it's just resisting arrest without violence. Correct?

[00:17:35]>> But we didn't do anything. Okay.

[00:17:36]>> Okay.

[00:17:36]>> We'll we'll just [ __ ] forget it, but yeah.

[00:17:38]>> Okay. So right now there's no DUI charge.

[00:17:40]>> Okay.

[00:17:40]>> Okay. If you fail to do the exercises I'm requesting, I'll have to make a decision based on what I've already seen up to this point.

[00:17:47]>> Okay, and then what do you How do you feel about that?

[00:17:49]>> It's a yes or no question. Do you want to participate in them?

[00:17:52]>> No, maybe do you do you really think that I deserve a DUI on top of everything you did to me today?

[00:17:57]>> I'm doing a DUI investigation.

[00:17:59]It's It's It's a yes or no question. Do you want to participate or do you not want to participate?

[00:18:02]>> I don't I don't think I deserve a DUI cuz I wasn't drinking.

[00:18:05]>> Okay. Do you or do you not want to participate in field sobriety exercises?

[00:18:09]>> I don't know how else to explain that you're extorting me, but I don't know what the right answer is.

[00:18:15]>> I don't >> It's a yes or no question.

[00:18:18]>> I don't know what to do.

[00:18:20]>> It's a yes or no question.

[00:18:21]>> Yeah, but I don't know how to answer a question that I didn't I I didn't do it.

[00:18:26]>> Okay.

[00:18:27]>> It's just like I I called my dad and you told me I was resisting arrest.

[00:18:30]>> Okay. Do you or do you not want to participate in field sobriety exercises?

[00:18:34]>> that affects me.

[00:18:37]>> I don't know if I can explain that or not.

[00:18:40]>> I don't know what affects me in the I don't know how to answer the question cuz I don't know how it affects me.

[00:18:47]And I'm shaking to death.

[00:18:50]My heart's pounding.

[00:18:52]>> Okay.

[00:18:53]>> I really can't do this.

[00:18:54]>> Okay.

[00:18:55]>> I'm going to have an anxiety attack.

[00:18:56]>> Okay.

[00:18:57]>> I need to go back to the hospital.

[00:18:59]>> Okay. How about this?

[00:19:01]I can show you what I want you to do, and if you >> whatever you want.

[00:19:05]>> Hold on. Hear me out for a minute, and if you don't feel like you can do it, then I won't do it.

[00:19:10]>> Okay.

[00:19:11]>> Okay?

[00:19:12]Is that fair?

[00:19:13]Okay. So, what I want you to do, put one foot in either box and then face me.

[00:19:19]Just put one foot in either box.

[00:19:21]Yep.

[00:19:21]Nope. Put your other foot in that box.

[00:19:23]Perfect. If you're able to, put your feet together like this.

[00:19:28]And put your arms down by your sides.

[00:19:29]Okay.

[00:19:31]So, do you see the top of this pen?

[00:19:33]I want you to follow with your eyes and your eyes only, okay? Do you wear contacts normally?

[00:19:37]Are you wearing them right now? Okay.

[00:19:40]>> What's the question?

[00:19:49]Yeah.

[00:19:55]Yeah.

[00:20:09]I really really really like you.

[00:20:10]>> Just keep on. Just keep on.

[00:20:11]>> Yes, it's 2 minutes. Like, you're just in a waiting room.

[00:20:13]>> Okay. Do you want to move on?

[00:20:14]>> Cuz it You told me that was a one thing you were showing me.

[00:20:17]>> Okay. So, this one I can't show you how to do. I do it. But, the next two I can show you how to do it and you can get a decision based on that if you want to attempt it or not.

[00:20:25]>> You make my eye Like, I already have contacts that make my eyes hurt. I left them in for like 10 weeks.

[00:20:30]>> Okay.

[00:20:31]So, do you want me to continue or you want to call that one?

[00:20:34]What?

[00:20:35]>> I'm I'm really nervous right now.

[00:20:37]>> Okay.

[00:20:37]>> Like I told you, I want to go back to the hospital.

[00:20:39]>> Okay.

[00:20:40]>> Like I said.

[00:20:40]>> Okay. Have you talked to a nurse yet?

[00:20:42]>> No, cuz you didn't even show me the nurse.

[00:20:44]>> Okay. So, after all this, you'll have the opportunity to talk to a nurse.

[00:20:46]>> Yeah, I would like to talk to a nurse.

[00:20:47]>> Okay. So, do you want to me to show you the next one or not?

[00:20:50]>> I don't know cuz you keep telling me you just show me that one and all you do is say stay stay stay stay stay stay stay.

[00:20:55]>> So, the next one I'm going to show you how to do it before you attempt it.

[00:20:57]>> Okay.

[00:20:58]>> I promise.

[00:20:58]>> Sure.

[00:20:59]>> Okay. So, go to the front of the line over there, front of the tape.

[00:21:03]Do you want to keep your shoes on or off? This one requires walking and then turning.

[00:21:07]>> Is Are you showing me or >> I'm going to show you how to do it. I'm going to show you how to do it.

[00:21:10]>> You're telling me you should be showing me, but if this is the test, I think that's entrapment.

[00:21:14]Just so you know.

[00:21:15]>> I'm going to show you how to do it.

[00:21:16]>> Okay, I can walk the line all Okay? I'm not drunk. I'm not high. I'm not anything cuz I didn't do anything.

[00:21:26]>> Okay.

[00:21:27]>> Do you get it?

[00:21:28]>> Now, would you like me to show you how to do it?

[00:21:29]>> I mean, sure.

[00:21:30]>> Okay. So, take your left foot, put it on the tape.

[00:21:33]>> Okay.

[00:21:34]>> Yep.

[00:21:35]Take your right heel, put it on the toes of your left foot, arms down by your side, and stay like that till I tell you otherwise. Arms down by your side like me.

[00:21:42]Stay like that till I tell you otherwise. Do you understand?

[00:21:46]Just like this. Okay.

[00:21:47]>> I have a broken ankle. Sorry.

[00:21:49]>> Okay.

[00:21:52]Okay. Stay like that until I tell you otherwise. So, when I tell you to, you're going to take nine heel-to-toe steps.

[00:21:58]Keep your lead foot planted, take a series of small steps to turn around.

[00:22:02]Take nine heel-to-toe steps back.

[00:22:14]Okay. Do you want me to show you how to do it?

[00:22:16]>> I I did it over here cuz it didn't >> Okay.

[00:22:24]Okay. I'm going to show you how to do it.

[00:22:25]>> I don't know how to do it.

[00:22:26]>> So, it's going to look something like this.

[00:22:28]Ready? You're going to count out loud.

[00:22:31]One.

[00:22:32]Two.

[00:22:33]Three. All the way to nine.

[00:22:35]Lead foot planted, turn around.

[00:22:38]Would you like to do Would you like to try the next one?

[00:22:41]So, are you refusing to complete any further?

[00:22:44]>> Listen, I didn't I didn't do anything.

[00:22:46]I didn't I didn't drink. You know I didn't drink today. You know I didn't get high.

[00:22:51]>> Okay.

[00:22:52]Would you like to continue, yes or no?

[00:22:53]>> I I don't know what you want.

[00:22:56]>> I was going to show you how to do it.

[00:23:01]>> I don't I just want to go to the hospital.

[00:23:03]Cuz my heart >> Right this second, it is not going to happen.

[00:23:07]>> My heart is going to explode.

[00:23:11]No, you don't. My heart is going to explode and I haven't had anything to eat in 12 hours.

[00:23:17]>> Okay, are you willing to continue? Yes or no?

[00:23:19]>> I don't know what you I need to go to the hospital.

[00:23:23]>> We were just at the hospital.

[00:23:24]>> Yeah, I need to go back and I told you I couldn't leave and you made me leave anyway. I need to go back to the hospital.

[00:23:31]>> I did not make you leave. The doctor The doctor cleared you.

[00:23:34]>> Yeah, because I need to go back to the I'm telling you I'm going to >> Okay, I'm going to ask you one more time and if you say anything except yes or no, I'm going to take it as you're refusing to continue. So, one more time.

[00:23:47]Okay.

[00:23:48]Let me show you how to do it before you begin again.

[00:23:50]So, it's going to look something like this.

[00:23:53]You're going to count out loud one two three, except you're going to go all the way to nine. You're going to keep your lead foot planted.

[00:24:02]Just turn around >> Do you look at my I can't even My legs are shaking. How do you want me to do this?

[00:24:07]>> Okay, take a series of small steps, turn around.

[00:24:09]>> Look at my legs.

[00:24:09]>> Let me continue with the instructions and you can determine whether or not you want to do it.

[00:24:13]>> But I'm just saying that how can I do it?

[00:24:14]>> Okay, then take nine heel-to-toe steps back.

[00:24:17]One two three, all the way to nine. Make sure you look down at your feet, count your steps out loud. Do not stop until you're complete.

[00:24:46]>> My legs are like I was literally in a panic attack. I don't know how else to explain it.

[00:24:51]>> Okay.

[00:24:52]>> My legs are shaking like this in the insides.

[00:24:55]>> Okay.

[00:24:57]Let's let's try to move on to the next one.

[00:25:32]Okay. Let's go ahead and stand here and we'll try the next one.

[00:25:36]I'll show you how to do it and then tell me whether or not you want to attempt it, okay?

[00:25:39]Just stand right back in the box.

[00:25:44]It's not a pass or fail. It's just all the observations.

[00:25:49]Okay. So, next box.

[00:25:56]Do you want me to show you how to do it and then you determine whether or not I'm I'm asking you one more time.

[00:26:07]I'm asking you one more time. Do you or do you not want to continue?

[00:26:12]Okay. I'm not even going to attempt anymore.

[00:26:22]I'm I'm not [snorts] going to do it.

[00:26:24]Do you want me to show you how to do it?

[00:26:27]Okay. You want to continue? You can stand on this box.

[00:26:34]So, stand in the box, feet together, arms down by your side.

[00:26:38]Just like this.

[00:26:39]So, stay like that until I tell you otherwise. Do you understand?

[00:26:43]So, what I want you to do when I tell you to, you're going to pick either foot up, your choice, pick it up about 6 in off the ground like you're putting your foot on top of a soda can.

[00:26:53]No. I'll explain to you. So, you're going to pick your foot 6 in above the ground out in front of you. Your foot's parallel with the ground. Leg straight out.

[00:27:02]You're going to look down at your foot.

[00:27:03]You're going to count out loud 1,001, 1,002, 1,003 until I tell you to stop, okay? So, don't do anything. I'm going to show you how to do it. So, it's going to look something like this.

[00:27:13]1,001, 1,002, 1,003 until I tell you to stop. Do you understand? Do you need me to show you how to do it again?

[00:27:21]Okay, hold on. Hold on.

[00:27:27]You may begin.

[00:27:57]>> How far is it to your stomach?

[00:27:59]>> Stop.

[00:28:00]>> Oh, it's it's counted?

[00:28:02]>> Yeah, I said until I tell you to stop.

[00:28:03]>> Oh, I I I didn't understand that part. I thought we were done on 14 >> No, I said I said until I tell you to stop.

[00:28:11]Okay, if you want to go with this >> My leg is shaking. I feel it but it's not done.

[00:28:16]>> Okay, if you want to go with this female deputy over here.

[00:28:25]>> You all right?

[00:28:27]>> I'm complete.

[00:28:28]>> Okay.

[00:28:29]Okay.

[00:28:29]>> Next, we must analyze the transition from a civil traffic crash investigation to a criminal DUI investigation. This transition is governed by Florida Statute Section 316.193 and it requires strict constitutional adherence. The Fourth Amendment dictates that officers must possess specific articulable facts establishing reasonable suspicion of impairment. In this case, officers legally articulated observing the driver's erratic, staggering, and the distinct odor of an unknown substance. These specific indicators legally justified the expansion of the stop's scope, granting officers the authority to request field sobriety exercises. During this phase, Florida law requires officers to administer a Tailor warning if a subject stalls or refuses to participate. The Tailor warning formally advises suspects that a refusal forces the officer to make an arrest decision based solely on prior observations. The driver utilized unverified medical anxiety claims and feigned confusion as a deliberate stalling tactic to avoid the exercises.

[00:29:32]Courts consistently interpret deliberate stalling, inability to follow basic instructions, and fabricated medical complaints as a de facto refusal.

[00:29:41]Evaluating the legal performance, the investigating officers receive a B+ for their adherence to constitutional standards. They successfully established reasonable suspicion, applied the appropriate statutes, and maintained tactical patience during the field sobriety exercises. Conversely, the driver receives an F. Her complete failure to understand her legal obligations directly resulted in a preventable jail sentence. This incident provides several crucial takeaways. Here are five essential lessons learned from this legal breakdown. Lesson one, lawful orders dictate the scene.

[00:30:16]Under Pennsylvania versus Mims, you must comply with an officer's commands regarding your actions. Lesson two, a phone call is not a legal shield. The First Amendment does not protect physical obstruction of an active investigation. Lesson three, the transition of suspicion is rapid.

[00:30:34]Officers only need articulable facts, like staggering or odors, to initiate a DUI detention. Lesson four, stalling equals a legal refusal. Using anxiety or feigned confusion to delay testing is legally categorized as consciousness of guilt. Lesson five, asserting rights correctly is vital.

[00:30:55]Invoking your Fifth Amendment right to silence is legally superior to arguing or obstructing. A high-stress environment like a traffic crash requires composure and a clear understanding of your constitutional boundaries. Failing to recognize the legal authority of an investigating officer can quickly escalate a simple citation into a criminal conviction. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching today's legal analysis.

[00:31:22]Don't forget to check out our channel for even more police interaction and courtroom content.