She Said TRUMP Gives Her the Right to Skip the Restaurant Bill—Husband Ends Up Arrested for DUI

Ajouté : 2026-05-11

[00:00:00]On December 29th of 2024, Palm Beach Gardens Police Department responded to a restaurant dispute over an unpaid bill.

[00:00:07]What followed raises three distinct legal questions that this analysis will address in sequence. First, did the male subject's conduct constitute operation of a motor vehicle under Florida law?

[00:00:18]Second, were the standardized field sobriety exercises properly administered to establish DUI probable cause? Third, did the female subject's refusal to pay cross the criminal threshold under Florida theft statutes?

[00:00:30]If you're not willing to pay, they're going to press charges for you for theft cuz you're you're not paying them their bill.

[00:00:36]>> What do you mean why?

[00:00:38]You can't just drink all you want and then walk away. No.

[00:00:42]It's a little bit overpriced. Then you shouldn't have drank. It was your choice to buy those drinks.

[00:00:48]On December 29th, 2024, police responded to a local restaurant for a couple refusing to pay their tab.

[00:00:54]>> to move.

[00:00:56]They were still kind of in front of the restaurant.

[00:00:58]Turn the vehicle off. Sit sit down. Turn the vehicle off.

[00:01:01]My wife is drunk. I thought I was waiting for. Okay.

[00:01:05]All right. No worries. Turn the vehicle off for me.

[00:01:08]All right. Just put the keys on the dash.

[00:01:10]There you go. Perfect. All right. So, what what what's the issue with the bill?

[00:01:13]>> She's drinking.

[00:01:14]>> Okay. Were you here with her? Yeah, I'm here with her. We can pay for the bill.

[00:01:18]She does this all the time. It's nothing new.

[00:01:22]So, you're not you're not arguing about paying the bill?

[00:01:24]>> not. No, no. It's not Cuz that's that's the call we're getting is that we're getting an argument about the bill.

[00:01:29]So, you both are here drinking and eating?

[00:01:30]>> drinking. We're eating. We've been here before. It's not an issue.

[00:01:35]I said, "Honey, pay, please." She's a little drunk. She's being a bad girl.

[00:01:38]>> right there. Bye.

[00:01:41]She's still I'm only 10-4 with the male, not the female. I think he's still in the restaurant. I'm not supposed to This is what I'm sitting in the car waiting for. Uh-huh.

[00:01:48]And I'm telling her, "Honey, please pay for the bill. Let's get an Uber. Let's get out of here."

[00:01:53]She's Why are you Why are you trying to get an Uber?

[00:01:56]Because I can't drive. Okay, why can't you drive? Because my license is suspended. Suspended, okay.

[00:02:01]>> Yeah. And she obviously cannot [ __ ] drive. Okay. What is she wearing? She's wearing a beige uh bottom, sandals, and I think uh like a purple top or something. All right.

[00:02:15]All right, give me one second, okay?

[00:02:15]Here, I'm just going to close the door behind you. Stay right here for me, all right? Keep your hands out of your pockets. You don't have any weapons on you, all right? Turn around, let me just pat you down real quick. Okay.

[00:02:23]>> go ahead, go ahead.

[00:02:25]All right, you're good. Relax.

[00:02:27]All right, so he said his license is suspended and he was parked where you are and then he started pulling this way when I pulled up behind him.

[00:02:32]>> But but you came behind He said he's waiting for his wife uh that she's supposed to be paying the bill. The reason we're here, first of all, is there's a dispute about the bill. All right, we know your wife is still over there, so we don't know what's going on over there, but they told us that you were getting in the car, that you possibly under the influence, so we wanted to make sure you weren't going anywhere.

[00:02:51]>> No, I'm not going anywhere. I'm just waiting for her. I I'm done arguing with All right, it gets to a point where it's like, "Honey, would you like for there waiting for No, with with my wife. With your wife? No, they're waiting and no one's We've been here a million times.

[00:03:03]She gets a little drunk and she dusts us.

[00:03:07]Okay. So, nothing got physical though, right?

[00:03:09]>> No, oh, sir, just Well, listen, we got to we got to make sure >> no. You're good here with him real quick, okay? All right.

[00:03:14]>> the staff. You could ask everybody.

[00:03:16]Listen, Yeah, I got it. I will. Danny's in there checking it. You could ask everybody. It's just her being a match.

[00:03:21]How about that? I got it. All right.

[00:03:23]I'm sorry. I didn't Were you waiting for her or were you going to leave without her?

[00:03:26]>> No, no, I'm waiting. No, I'm not going to leave my wife. Well, I don't know.

[00:03:29]You said you were arguing. I don't know if you told her to catch you up at home or >> never an argument. It was, "Honey, can you please pay the bill?" Mhm.

[00:03:37]Okay?

[00:03:38]Yes. Okay, give me a minute.

[00:03:40]So, where did the dispute come from then there the bill and the I went to the bathroom to pee Mhm.

[00:03:46]and I come back, she still hasn't paid the bill.

[00:03:50]So, she starts playing >> got credit cards and stuff like that.

[00:03:52]>> she's got all that. It's just Sir, I have Okay, so if she's not willing to pay, you're willing to pay? Yes. Yes, I'd be willing. All right, let me go see if I can find a manager to figure that out.

[00:04:03]Hi. And what are the issues if she doesn't pay? Yes. Well, her husband said she he's willing to pay if she's not. He >> her husband? Yeah. I guess he's trying to get her to leave and pay, and she's not listening to him.

[00:04:13]>> trying to get her to leave and not pay, and let's just leave. And I was like, He said he's willing to pay. He just needs her to leave. He's having trouble getting her out of the bar, so We'll get one of them to pay. If not, we will definitely press press charges.

[00:04:29]Hi Lourdes.

[00:04:30]Hi, Officer Nunez with the Garden Grove Police Department. So, the manager here is going to want you off the property, okay?

[00:04:35]So, do you mind? Why? Cuz you are definitely intoxicated, and they don't want you here anymore, okay? Cuz you were refusing to pay.

[00:04:43]So, they just want you off the property now, okay? I didn't say that I was refusing to pay. They again Is the Is the bill paid now? Did you pay?

[00:04:50]No. I would love for her to pay the bill. Okay, well, her husband Their her husband was telling them that he's willing to pay as soon as she leaves the bar. Are you willing to pay the bill? Or do we need to get your husband to come pay? I won't pay the bill. Pay Pay the bill so we can leave.

[00:05:05]It would get negotiated on how much There's no negotiating. It's The bill is the bill.

[00:05:11]Manager.

[00:05:12]The lady in the back.

[00:05:15]There's There's no Yeah, there's no negotiating this. It's whatever the price is on the menu is the price. You can't tell them that you're going to pay a different amount.

[00:05:23]$243.43.

[00:05:27]Yeah.

[00:05:29]That should be at least a little bit less Okay, Lourdes.

[00:05:34]If you're not willing to pay, they're going to press charges for you for theft. Cuz you're you're not paying them their bill. What do you mean, why?

[00:05:42]You can't just drink all you want and then walk away. No.

[00:05:47]It's a little bit overpriced. Then you shouldn't have drank. It was your choice to buy those drinks. You should have looked at the prices before you guys came here.

[00:05:55]All right, listen, listen, we're not going to go back and forth. It's either you're going to pay the bill, your husband's going to pay the bill, or you're going to be prosecuted, you're going to be arrested, and then you're going to go to jail, okay?

[00:06:04]It's It's one of those three options.

[00:06:06]Okay, if you're willing to leave, your husband's going to pay. If you're willing to pay pay the bill, that way you guys can go home, cuz if not, then things are going to get ugly.

[00:06:13]Okay, we have other calls that we have to attend to, so what's it going to be?

[00:06:21]It's not going to be that much money. It is that much money, cuz look at the bill, look at the pricing on it.

[00:06:27]That's a lot of money, though. Well, it's an expensive restaurant, what do you expect? It's not It's not a McDonald's. 100 less than that, I would pay.

[00:06:35]>> No. Why not?

[00:06:37]Cuz that's the pricing on the menu. But But nothing. But they own the place, right? They pay the rent. No, we're just bartenders. We don't We don't own anything, love. I think $100 less would be very fair. That's fine, okay?

[00:06:54]But you're still going to pay the full price.

[00:06:57]I would pay it right now, but I think it's fair.

[00:06:59]>> Okay, well, you can pay the full price now, and then you can take that up with the manager, okay? Okay, then you need to provide a piece of paper that says, "I paid this much money tonight to leave, and then I refuse to pay the other $100."

[00:07:14]>> No, that's not how it happens. No, no, no.

[00:07:16]>> No, that's not how it No, it's not.

[00:07:18]I I already told you what's going to happen.

[00:07:21]I live in Florida.

[00:07:23]>> Yeah, so do we all.

[00:07:24]>> Okay, okay.

[00:07:25]President Trump says that I have the right to write down what I want here. Excuse me.

[00:07:34]What I want here is my full price, 100%.

[00:07:41]And nobody's going to take me away.

[00:07:43]And going to get If you don't pay the bill and they want to prosecute, which they do, yeah, you will go away.

[00:07:47]>> I I will pay the bill. Okay, so pay the bill. No, no.

[00:07:52]I will pay the bill. You need to tell me that it's this much money, etc. Right.

[00:07:57]>> I'm going to pay that. Okay. Okay? So, the receipt right there says right there.

[00:08:01]>> $243.40.

[00:08:04]So, that's what you're going to be paying.

[00:08:05]All your wine Your glasses of wine were $40. Okay, let's go over this.

[00:08:12]So, at the very beginning There's a boyfriend here. Hold on.

[00:08:21]One I told him when they first were sitting here, I said, "Give me your card. Give me your card." Because they were disputing who was going to pay it.

[00:08:27]I said, "It's real simple. I'll split it right down the center." And he got pissed off and he left. How long have you been here?

[00:08:34]What? They came in at 3:00 when I got here. Divided by half They've had dinner. They were They had appetizers. They started with their drinks. They had really expensive wine.

[00:08:44]>> Right. They had ice cream and they had a dessert at the very end, tiramisu. Okay.

[00:08:50]Lourdes Huh? Hi. Come on.

[00:08:53]Pull out your wallet and give them the money that you that you owe. No, but I'm not This is This is your last chance.

[00:08:59]Pull out the wallet and give them the money you owe. Your husband already gave you $200 to pay them. My husband? I'm talking to him right now. Your husband.

[00:09:07]He's not my husband.

[00:09:08]>> Okay, whoever he is. He says you're his wife, so there's a little confusion there, too.

[00:09:12]He paid $200? To you.

[00:09:16]Okay. Lourdes, pull out Lourdes, [laughter] pull out your wallet.

[00:09:21]No.

[00:09:22]Okay. He can't Stand up.

[00:09:25]Then pull out your wallet and pay.

[00:09:29]He gave $200?

[00:09:30]>> He said he owes you $200. That's between you He's good for $200.

[00:09:34]>> All right.

[00:09:34]It's on my camera, so you're good.

[00:09:37]My camera's on, so you're fine. I'm not going to get a less arrested or anything? I don't want her Florida statute section 316.193 defines DUI as operating a vehicle while impaired. The statute's operative word is operating, not driving. Florida courts have interpreted this broadly. In Fezelman versus State, 537 South 2nd 603, the Fourth District Court of Appeal held that any movement of a vehicle satisfies the operation element. The male subject admitted to moving the vehicle. A second officer independently corroborated observing it in motion. His defense that he moved it only a short distance in response to a perceived signal does not negate operation.

[00:10:20]Distance is legally irrelevant under Florida precedent. The subject also voluntarily disclosed a suspended license without being asked satisfying Florida statute section 322.34 for driving while license suspended.

[00:10:35]These admissions were made during an investigative detention, not custodial interrogation.

[00:10:40]Under Berkemer versus McCarty, 468 US 420, Miranda warnings were not yet required. Every material element of both DWLSR and DUI was established through the subject's own voluntary statements before a single sobriety exercise was administered. Precious, I'm trying to avoid that.

[00:10:59]We just want you to pay the bill. They want you to pay the bill that way you can go home and go >> That's it. You don't even have to tip them. Just pay them.

[00:11:06]Yeah, at this point I I don't think they want a tip. They just want to go home and go This one might be good.

[00:11:14]Put whichever one >> Try that one. Let's try this one. Try that one.

[00:11:19]I don't know.

[00:11:20]Could be a good one.

[00:11:23]Could be a good one. I don't know.

[00:11:27]Guess we'll find out, right?

[00:11:31]I don't know. That's all you had to do?

[00:11:32]Yeah.

[00:11:34]That's all you had to do before we got here.

[00:11:38]I don't know.

[00:11:44]How you getting home?

[00:11:46]I don't know.

[00:11:47]Yeah.

[00:11:51]It's up to him.

[00:11:52]Yeah. All right, sign.

[00:11:54]Yeah.

[00:11:55]Sign this.

[00:11:57]That's your card.

[00:11:58]And then what? And then we're done.

[00:12:01]Leave a tip before we leave the restaurant.

[00:12:05]Leave a tip. If you want to leave a tip, I don't think they care for a tip now with all this you've been causing.

[00:12:12]Sign your name.

[00:12:14]Leave a tip.

[00:12:15]Oh my lord.

[00:12:18]Perfect.

[00:12:19]Okay.

[00:12:20]And you said you were the manager?

[00:12:22]The owner? All right, Loris, listen.

[00:12:25]He's going to want you trespassed for 18 months. So, you're going to be trespassed from this restaurant for 18 months. If you come back tomorrow at the same time, you're going to be subject to arrest. I don't think you want that. We don't want that, okay?

[00:12:36]So, you're trespassed from here, from the restaurant for 18 months.

[00:12:39]Understood?

[00:12:41]Yes.

[00:12:43]You would have to send it to my home.

[00:12:46]Send what to your home? The receipt? No, no. Let me see that real quick. I need you to Excuse me. What do you need to send to your house? I need you to send that information that you just told me.

[00:12:56]>> We don't send that to your house. To my house. No, no, no. Email my house in the mail. Yeah, it'll be in your mailbox first thing in the morning.

[00:13:03]>> No, I need you to do it. Now. We will.

[00:13:06]We will. Once he finishes the paperwork, we'll send it over.

[00:13:10]Okay? We have to finish the paperwork.

[00:13:11]Once you get off, we'll send it over.

[00:13:15]What copy? The top one. The one you signed.

[00:13:16]>> The one that you signed. That she needs that copy. Why?

[00:13:20]Cuz they need that for the receipt.

[00:13:22]That's your copy. That one's my copy.

[00:13:25]They need that for the restaurant. Like why? This one's my copy. That one's your copy.

[00:13:31]Proof of payment.

[00:13:37]I guess you don't We're not going to do this right now.

[00:13:42]Why? Here you go. Have a good night.

[00:13:44]Come on, let's go. We're out of here.

[00:13:45]Let's go.

[00:13:46]Let's go. Come on. And what? You're going to go home. Either you call an Uber or you find a ride.

[00:13:52]And what? And go home. Come on.

[00:13:56]And do what? You're going to go home and sleep. I don't know. You picked it up, but you're getting out of here cuz you're trespassing. So, we need you to leave.

[00:14:05]All right.

[00:14:07]Whatever.

[00:14:09]Whatever.

[00:14:11]Sorry, guys.

[00:14:13]Come on.

[00:14:14]Come on. We're going to go. We're going.

[00:14:17]We're walking. No problem.

[00:14:18]Yeah, no problem, guys.

[00:14:20]Come on.

[00:14:25]This way.

[00:14:28]We're going this way. The car's over here. Come on.

[00:14:31]No, you're not sitting anywhere. How far can I sit? Yeah, keep going.

[00:14:38]Keep going.

[00:14:40]You're We're walking towards it.

[00:14:42]Come on.

[00:14:43]Let's go.

[00:14:45]Actually, no. We're going to take it to the vehicle right here. That way you don't come back on property. Go through here.

[00:14:50]Is this your husband or boyfriend? No.

[00:14:52]>> Okay.

[00:14:54]Come on, let's go. Florist, we're going over here.

[00:15:00]Let's go.

[00:15:01]Watch your step.

[00:15:03]How far? No, stop. We're helping you because there's a curb and you can't We were going to take you off the property cuz they don't want you here.

[00:15:09]Are you guys together?

[00:15:12]Go to the car. Yeah, yeah. They're boyfriend, girlfriend.

[00:15:16]The bill's already paid.

[00:15:18]The bill's paid.

[00:15:21]The bill's paid. They're all set.

[00:15:22]They're all set. Okay. Turn around. get off the property. We already did that.

[00:15:26]I'm not on the property yet. Yes. Okay.

[00:15:29]>> Yes. Come on.

[00:15:30]Come on. No, no, no. I'm trying to help you out and you're not listening.

[00:15:34]This is your vehicle, correct?

[00:15:36]Uh yeah.

[00:15:37]>> Yes. Okay. So, you're going to stand here with the vehicle. I'm not going to drive it.

[00:15:41]>> You're not We're not saying you're driving. You're going to stand right there. They don't want you back here for 18 months. Okay. Okay? So, you can't come back, otherwise you'll be placed under arrest.

[00:15:49]>> Do you understand that? Sure. Okay. So, now the fact of the matter, you're behind the wheel, my man, and you can't you can't legally drive, period. I'm not driving. I'm not. You literally moved the car. The officer seen that so what?

[00:16:00]You you're only so much behind me flashing me. What am I supposed to do? I just To gain your attention, offer you to leave. I didn't leave. All I did was move over. You don't have a license, period. You shouldn't have been behind the wheel to begin with. I I moved it only for my wife. I understand that. Do you understand the situation I'm going through, please? I already know I have a DUI. I know all that. I know all that. Dude, when when you came behind me, all I did was move the car right here.

[00:16:23]>> But you shouldn't have been behind the wheel, though. All I do is waiting for my wife.

[00:16:28]>> I had three um Oh my god.

[00:16:33]vodka and cranberry Three vodka and cranberry? Yeah, and I ate I ate pasta.

[00:16:37]I ate bread. We've been here for And when you guys are leaving here, he's fixing to go home. Are you going somewhere else? No, I'm going home. I told her Well, I said, "Honey, pay the bill." And she started with this craziness.

[00:16:50]All right. So, listen, bro.

[00:16:52]Like I said, you was behind the wheel.

[00:16:54]That officer seen you. All right? You shouldn't have been behind the wheel, period, legally, because you ain't got a license. And I also think that you might be under the influence. All right?

[00:17:03]Are you willing to do standardized field sobriety exercises? I know you already said out of your mouth that this ain't your first rodeo with DUI. Are you willing to do roadside exercises to dispel my concern that you're under the influence?

[00:17:13]I I if All right, dude. Like, first of all, all I'm caring about is my wife, okay? I put her I I don't understand that. Dude, I already I I I I I I I I I I I I I I I I I I I I Okay.

[00:17:30]The administering officer requested standardized field sobriety exercises after the subject admitted to consuming three alcoholic beverages that evening.

[00:17:38]Under South Dakota versus Neville, 459 US 553 refusal to perform sobriety exercises is not protected by the Fifth Amendment and may be used as evidence.

[00:17:50]The subject consented to participate legally the more defensible choice.

[00:17:54]Refusal would have permitted the admission of refusal itself at trial.

[00:17:58]Upon disclosure of a bad hip, bad knee, and prescription medication use, the officer eliminated walk and turn and one-leg stand from the battery. This modification is required under NHTSA standardized field sobriety testing guidelines.

[00:18:12]Failing to accommodate known physical limitations can void the evidentiary value of the entire test. The officer administered horizontal gaze nystagmus, the most scientifically validated SFSE indicator, along with finger to nose and a complex divided attention coordination exercise. Divided attention tests are particularly probative [music] because alcohol disproportionately degrades the brain's ability >> [music] >> to process sequential multi-step instructions simultaneously. One evidentiary concern, the complex fist clap sequential exercise, is not a standard NHTSA approved test. Its admissibility may be challenged under Florida's Frye standard for novel scientific evidence. Defense counsel will likely argue that non-standardized exercises introduce unvalidated methodology into what must be a reproducible peer-reviewed process. The HGN and finger to nose results, however, are on solid evidentiary ground >> [music] >> and will likely survive a motion to suppress absent procedural error.

[00:19:12]Regarding the female subject's refusal to pay Florida statute section 812.014 [music] defines theft as knowingly obtaining services without lawful payment. The statute does not require intent to defraud at the outset of service.

[00:19:27]Refusal to pay at the conclusion of service combined with ability to pay >> [music] >> satisfies the intent element. The subject's attempt to negotiate a reduced amount does not constitute a legal defense. Menu pricing represents an offer. Consuming the service constitutes acceptance of those terms under basic contract law. The restaurant's request for an 18-month trespass was valid under Florida statute section 810.09.

[00:19:54]Officers correctly executed it and properly advised the subject of the re-entry consequences. Officers were also correct that this was not a civil mediation matter. Once payment is refused and the establishment elects to prosecute, the dispute becomes criminal, not contractual.

[00:20:12]What is it you want me to do, man? All right, you got any medical condition with your eyes or glasses?

[00:20:17]>> I have I take medicine. I have a bad hip.

[00:20:21]Okay. Okay, so what's wrong with your eyes?

[00:20:23]>> glasses. I wear glasses.

[00:20:25]Just my glasses. Just glasses?

[00:20:27]>> That's the only thing that would Yeah, I have a bad hip.

[00:20:29]>> bad hip? You got a bad knee?

[00:20:30]>> knee, yes, sir.

[00:20:31]>> Okay, so we're going to do some seated exercises then. All right?

[00:20:34]We're going to go ahead and just wait right here. Let me grab one of these chairs.

[00:20:46]All right, so you go ahead and take a seat right here. We ain't going to do nothing balance related, nothing walking related.

[00:20:50]>> my phone out of my back pocket. All right.

[00:20:52]Just go ahead and take a seat right there.

[00:20:56]All right, this first exercise we're going to check out your eyes, all right?

[00:20:59]So, go ahead and just either put your glasses in your pocket on top of your head, just not on your face.

[00:21:03]>> All right, go ahead and bring your hands down to your sides.

[00:21:06]Down to your sides.

[00:21:07]All right.

[00:21:09]You see this red light? You're going to sit up straight. Don't lean back. Sit up straight. Yep. You see this red light?

[00:21:13]Mhm. Make your head level. Yep, there you go.

[00:21:16]You're going to follow this with your eyes only and you're going to keep your head still. Do you understand? Mhm.

[00:21:27]Stay with it.

[00:21:32]Nope. Stay with the light. Light's over here.

[00:21:38]Follow me again.

[00:21:50]Follow me again.

[00:22:08]All right, for this next exercise we're going to do finger to nose. Do you know your left from your right?

[00:22:12]This is my left hand. This is my right.

[00:22:14]Perfect. All right, so go ahead and point your fingers like this.

[00:22:16]When I tell you to begin, you're going to tilt your head back approximately 45° and you're going to close your eyes.

[00:22:21]Watch me.

[00:22:23]All right, when I tell you to begin, you're going to tilt your head back approximately 45° and close your eyes.

[00:22:27]All right, go ahead and begin.

[00:22:29]That means tilt your head and close your eyes.

[00:22:31]Tilt your head.

[00:22:33]Go further.

[00:22:34]All right. Left.

[00:22:39]Bring it back down.

[00:22:41]Right.

[00:22:46]Bring it back down.

[00:22:48]Left.

[00:22:53]Bring it back down.

[00:22:55]Right.

[00:22:58]Bring it back down.

[00:23:00]All right, you can relax. All right, for this next exercise go ahead and bring your hands just like this. It doesn't matter which one's on top. When I tell you to begin, you're going to turn your top hand over and you're going to count one. Then you turn it back over and you're going to count two. You're only going to count when your hands make contact, just like this.

[00:23:14]One, two, one, two. All right, you're going to increase in speed on your own.

[00:23:21]You're going to increase the speed on your own, but you're going to make sure that your fingers and your hands remain parallel to one another, just like this.

[00:23:26]Don't do it, just watch. One, two, one, two, one, two, one, two, one, two, one, two, one, two, until I tell you to stop.

[00:23:34]All right, go ahead and begin.

[00:23:36]One, two, one, two, one, two. Speed up. Two, one, two, one, two, one, two, one, two, one, two, one, two, one, two, one, two, one, two. All right.

[00:23:50]All right, for this next exercise, go ahead and bring your left fist into your chest, just like this.

[00:23:55]Just like this. Yep, right in the middle of your chest.

[00:24:01]Oh boy.

[00:24:02]I'm sorry, sir.

[00:24:04]It's fine. I wasn't expecting like all this over dinner. I understand. Now bring your right fist in front of it, just like this. All right, now hold that position. Don't start until I tell you.

[00:24:13]When I tell you to begin, you're going to move your fists in a step-like fashion away from your body, just like so, making contact between your fists.

[00:24:20]One, two, three, four. The next part, you're going to remember the way your fists end up then you're going to clap three times.

[00:24:30]Then you're going to bring your fists back to the memorized position. Then you're going to move them back in a step-like fashion towards your body, again making contact between your fists.

[00:24:37]Come on, get back in the start position.

[00:24:38]>> So, so, so, one second, please. Yeah.

[00:24:41]You're giving me a lot of information right now. I get one, two, three, I'm going to show you the whole thing, too.

[00:24:46]Give me a second, please. I'm just being honest.

[00:24:48]Okay.

[00:24:50]Go ahead.

[00:24:51]Sitting in the chair because my wife is drunk. All right, so one, two, >> No, no, no, you can't practice anything.

[00:24:56]Stop. Your hands have to remain like this. I can explain everything, but you can't start the exercise prior until I tell you. So, go ahead and get back in the starting position.

[00:25:16]You all right?

[00:25:18]No, sir. I'm not I I didn't do anything wrong, sir. I'm looking out for my wife.

[00:25:22]>> Well, like I said >> grabs Okay.

[00:25:24]You sitting in a driver's seat, sober or not, is wrong. You can't be in the driver's seat and you're >> what I'm doing is waiting for my wife, sir. Sir, I'm waiting for I know I can't drive to Okay. Whatever Whatever All right.

[00:25:41]Do you not want to do this last exercise? I'll do it. All right. So, go ahead and get back in the starting position.

[00:25:45]>> because that that would be the exercise and you'll fail me and arrest me, right?

[00:25:48]>> It's not pass or fail.

[00:25:50]Okay. Explain that. I'll explain it to you later.

[00:25:53]>> Just give me a second. I'm sorry.

[00:25:54]>> put your glasses on.

[00:25:55]No, I don't need my glasses, sir. I don't I can't believe this woman is doing I What's the matter?

[00:26:03]You worry about it. Okay. It starts here.

[00:26:06]>> Go ahead and begin. Begin? Yep. One.

[00:26:09]Two.

[00:26:09]Three.

[00:26:10]Four.

[00:26:11]Five. Six.

[00:26:13]Seven. Eight. Oh, no. I didn't clap correctly.

[00:26:16]I mean I missed the clapping correctly.

[00:26:19]All right. But, this time you are being placed under arrest for driving under the influence, all right? Go ahead and stand up for me. No.

[00:26:31]All right.

[00:26:33]You're leaving now. How? I don't understand. I didn't do nothing wrong. I don't Sir, I don't understand why you're doing this. What do you mean? What Why am I being placed under Why you being placed under arrest?

[00:26:43]>> standing right there. Well, that that officer to your right saw you driving.

[00:26:46]She literally saw you operating a motor vehicle. She didn't flash me to move. I didn't have to flash you to move. I pulled in behind and you took off. I didn't take off. I parked right there.

[00:26:55]Right. I didn't take off. Oh my god.

[00:26:57]>> Regardless, you were driving >> god. I'm trying to protect my wife. Oh my License.

[00:27:02]Oh my I'm right here. Oh my Follow what I say.

[00:27:13]You got to be kidding me. You can't be doing You can't not Now you're going to take a seat in there?

[00:27:26]I'll take you to the back.

[00:27:28]I got to try to find a phone to get her a ride. All right. Hold on. You want to say a couple words to me? All right.

[00:27:34]>> Officer Hernandez receives a B+. Her application of Florida theft statutes was accurate. Her trespass advisement was procedurally correct. She offered the female subject multiple genuine opportunities to comply before any arrest decision. One deduction, the phrase "things are going to get ugly", falls below the professional communication standard expected in documented law enforcement interactions.

[00:27:56]The legal warning was correct. The phrasing was not. The administering officer receives a B. His NHTSA compliant modification of the SFSE battery for physical limitations was professionally sound and strengthened, rather than weakened the evidentiary record. The deduction reflects the inclusion of a non-standard exercise that creates an unnecessary defense challenge in what was otherwise a legally clean sobriety investigation.

[00:28:22]The male subject receives a C+. He was cooperative throughout, did not physically resist, >> [music] >> and made the legally prudent decision to consent to SFCs. These actions likely mitigated what could have been a significantly worse outcome. However, he voluntarily disclosed a suspended license, a prior DUI conviction, three alcoholic drinks consumed, and admitted to operating the vehicle, all without being asked and without any legal obligation to speak. Under the Fifth Amendment, he had the absolute right to remain silent. He did not exercise it.

[00:28:55]Every element needed to charge him was provided by his own statements before the SFSTs began. The female subject receives a C. She held a defensible position at the outset of bill dispute with law enforcement present. Could have been resolved in under 5 minutes.

[00:29:09]Instead, she extended [music] it into a criminal encounter. Invoking executive authority as a basis for partial payment reflects a fundamental misunderstanding of both contract law and the limits of political statements as legal defenses in real-time encounters. She paid, she was trespassed, her companion was arrested. All of this was avoidable.

[00:29:29]Three lessons from this encounter. One, in any police encounter, voluntary disclosures before Miranda are fully admissible. The right to remain silent exists before [music] arrest. Exercise it early. Two, operating a vehicle under Florida DUI law does not require driving. Sitting in a driver's seat with keys and any movement, however brief, satisfies the statutory definition.

[00:29:51]Three, SFSE modifications matter legally. An officer who accommodates physical limitations on the record produces more durable evidence than one who proceeds without accommodation and invites a suppression motion. Leave your analysis of this case in the comments.

[00:30:06]If this breakdown was useful, subscribe for more legal analysis of police interactions.

[00:30:11]Thank you for watching. He wants to say a couple words to you.

[00:30:15]Which words would he like to say to me?

[00:30:17]Your boyfriend or husband, whatever he is to you.

[00:30:20]He's right here.

[00:30:24]What does he want to say to me?

[00:30:29]Thank you.

[00:30:34]I already told you about this [ __ ] here that they're going to build. Your lawyers are going to take over this Go and bail me out. You go and bail me out.

[00:30:45]I'll bail you out. All right. I'll see you later. I'll bail you I'm going to jail. Bail me the [ __ ] out. I'll talk to you >> Go. Go. Go. All right, ma'am. Can you step away Step away from the vehicle, okay? Step away from the vehicle. You're good, Frank. All right. Can you open your purse for me? Let me just make sure you don't have any weapons.

[00:31:00]I don't have no weapons.

[00:31:01]>> I just have to make sure, Lordes. I appreciate your help. Hold on. Hold on.

[00:31:05]Let me just pull it off your shoulder a little bit. There you go. No weapons.

[00:31:08]There's no weapons. That's fine. I just want to make sure before you get in the back of our car.

[00:31:13]I have no weapons. I have to make sure, Lordes, cuz I don't know who you are.

[00:31:18]And I don't want my partner getting hurt.

[00:31:21]Perfect. Thank you. Thank you. All right. Go ahead and have a seat. Easy to get in.

[00:31:27]Y'all are so behind. Y'all are so behind. The seatbelt right there on your left side, if you can put that in. Yeah. Y'all are so behind. You guys are so behind, man.

[00:31:37]Okay. Here. You can put your feet I won't put my foot there. Perfect. Y'all are so behind.

[00:31:45]Okay. Swing your legs around.

[00:31:46]>> It's taking so long.

[00:31:47]>> Come on. Come on. Taking so long.

[00:31:49]>> Yeah. I know. Taking so long.

[00:31:51]>> seatbelt on right there.

[00:31:52]>> Yep. Sure.

[00:31:54]Come on. I'll I'll buckle you over there.