Drunk Driver Causes Road Rage Crash, Refuses To Cooperate With Georgia Police

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[00:00:00]I have the video like she not working today. Like she just go around and around. Is that a source?

[00:00:07]Driving under the influence? Yes, it's a charge.

[00:00:09]It's a ticket.

[00:00:10]>> Can we Can we take it?

[00:00:11]>> ticket. Absolutely not. Absolutely not.

[00:00:13]A Georgia road rage call, a black car, a white car, paint transfer on both, and a suspect who insists DUI is just a traffic ticket about 30 seconds before she finds out exactly how wrong that single sentence is.

[00:00:27]You got your ID, honey?

[00:00:31]Yes. Can I see your ID, please? Can I see your ID, please?

[00:00:34]>> Mhm.

[00:00:35]Okay. Let's talk about what's going on.

[00:00:39]Rapper.

[00:00:41]Yes.

[00:00:44]So, um they asked for my ID.

[00:01:01]Um they asked for my ID.

[00:01:04]My American ID.

[00:01:06]Well, why you dealing with African I'm sorry. I'm African. Yes, sir. Just a second.

[00:01:12]>> You're Asian. Yes, ma'am.

[00:01:14]Try somebody Try what?

[00:01:17]Somebody else. Try somebody else?

[00:01:22]Rapper.

[00:01:23]Yes.

[00:01:25]This whole American and Asian Well, I am tired.

[00:01:30]That has nothing to do with nothing.

[00:01:39]So, what's going on?

[00:01:40]What's going on is the Asian apparently she sitting here talking about I I hit her.

[00:01:52]Uh-huh.

[00:01:57]I don't know. Thank you. Thank you.

[00:01:59]You're welcome.

[00:02:01]I never committed a felony. I have no felony. I have nothing. Okay. But Asian against African. I look alike. All right. I'll let you talk to a I'll let you talk to a non-Asian. All right? I'll let you talk to a non-Asian.

[00:02:20]If you don't mind standing over here.

[00:02:21]Thank you.

[00:02:26]Hi. Again, how are you? So, what happened here? So, um you see it's two rows, so I was coming this way and she's coming like behind me, but in this side and then she cut me off right here. So, you can see like she have like a scratch under and I have a >> Yeah. I'm looking at the damage. Yeah.

[00:02:44]And then you have damage on the front as well.

[00:02:46]Okay.

[00:02:47]And then she tried to run away. Like I catch her up like it's right away before the turn, but she went to this and then I Yeah. Okay. I honked the car, but she didn't stop. So, I just follow her and then she said she's a resident here. So, she tried to come in here, but I honked the car to make her stop here. Okay.

[00:03:12]And then she's very aggressive. She yelling at me. She said it's my fault and then she's like said and something like that. Okay. the whole time. Okay.

[00:03:22]So, you're really upset. I get it. I get it.

[00:03:24]>> and then she's she kind of like get drunk or something. I have the video like she not walking straight. Like she just go around and around. Okay.

[00:03:34]So, we'll we'll we'll talk with her and we'll see um if we smell anything or anything like that. We'll We'll go from there, okay? Thank you.

[00:03:42]Um let me get Wait. Did you call 911 or did your husband call 911? I called 911.

[00:03:46]You called 911? Okay. So, that phone number is a good phone number to reach you by? Yeah. Perfect.

[00:03:51]So, um just one more time for you. So, you were coming in from Jennings Mill?

[00:03:56]Yeah, I come in She come By the Starbucks? Yeah, near the Starbucks.

[00:04:00]>> Near the Starbucks? Okay.

[00:04:01]>> come in like near the Starbucks, not this way. But, she run this way and I I follow her. Okay. All right.

[00:04:09]I'm going to talk to my partner over here, but if you want to just like stand in the shade and get calmed down a little bit, okay? Yes, ma'am.

[00:04:15]I'll let you talk to I'll let you talk to the non-Asian.

[00:04:18]I'll let you talk to the non-Asian.

[00:04:19]What's going on?

[00:04:22]Go get that situated.

[00:04:24]Go get that situated. Grandpa.

[00:04:27]Yeah.

[00:04:29]Hey, ma'am.

[00:04:30]What's going on?

[00:04:34]Let him get it situated. Let him get what situated? My ID.

[00:04:38]Your ID? What about it?

[00:04:40]Nothing.

[00:04:41]What's what happened today? Why are we out here? Nothing. It doesn't look like nothing. It looks like there's an accident that happened. So, where Where did it happen at?

[00:04:49]>> Just Just verify.

[00:04:50]Just verify.

[00:04:52]Just verify. Grandpa.

[00:04:54]And it said draw. And it said And it said I feel for you just have to No offense.

[00:05:04]So, what happened?

[00:05:06]Nothing. Verify.

[00:05:08]I'm talking to you. I want to know what your side of the story is.

[00:05:11]>> Nothing? Mhm. So, it Where did this damage on your car come from?

[00:05:16]Who are you talking to on the phone?

[00:05:18]My grandpa. Can you hang up the phone?

[00:05:21]Mhm. You can hang up the phone, please.

[00:05:23]Mhm.

[00:05:26]Why are you refusing to answer my questions?

[00:05:27]>> Because the way this uh the way that society is worked up Mhm.

[00:05:33]What about society?

[00:05:35]Ma'am, I have my rights, right?

[00:05:38]Sure, but right now you're refusing to answer my questions, which is impeding me from conducting an investigation. A Georgia road rage call near a Starbucks on Atlanta Highway.

[00:05:47]A black car with white paint transfer.

[00:05:50]A white car with black paint transfer and two drivers. One with a clear story.

[00:05:54]One who keeps saying I live here. Right now, this is a hit-and-run that could end with a citation, an insurance exchange, and everyone going home. But the suspect refuses to answer questions.

[00:06:05]She invokes her rights without understanding what they protect. She demands to call her husband instead of engaging with the officer. Each refusal is not silence. Silence is a constitutional right.

[00:06:16]Active interference with an investigation is a separate Georgia crime. By the time the officer says step out of the car, she has already accumulated probable cause for three different misdemeanor charges. And what makes this case a teaching example is what she insists at the moment of arrest that her charges are just a traffic ticket. Hit the like button if you have ever wondered exactly where the Fifth Amendment ends and obstruction begins.

[00:06:38]Subscribe. The breakdown is right ahead.

[00:06:41]You know what that's called?

[00:06:42]Obstruction. Mhm. I don't know. So, do you want to talk to me or do you want to go in the back of the car?

[00:06:48]I want you to talk with me and answer my questions.

[00:06:52]I don't know.

[00:06:53]Answer her because the officer will lock you up.

[00:06:57]So, what happened?

[00:07:00]I'm scared to go home.

[00:07:02]I'll call you back.

[00:07:04]Okay.

[00:07:08]So, what happened today? What happened with this damage? So, it's the other car.

[00:07:17]Okay, so I didn't even have her.

[00:07:20]You didn't? No.

[00:07:23]So, where did this damage come from?

[00:07:25]After.

[00:07:27]So, you have white paint transfer. She's got black paint transfer damage.

[00:07:32]So, what I need your side of the story.

[00:07:34]What happened?

[00:07:36]Make it make it work.

[00:07:38]I need you to tell me what's going on. I don't know.

[00:07:41]Why are you not telling me what's going on?

[00:07:43]Have you had anything to drink today?

[00:07:44]No.

[00:07:45]I have my rights.

[00:07:47]Yeah?

[00:07:49]So, do you want to go to jail for obstruction?

[00:07:51]Cuz you can.

[00:07:53]You're impeding my investigation. Oh.

[00:07:56]Oh. By not answering my questions, you're impeding my investigation.

[00:08:00]Absolutely, 1,000%.

[00:08:03]Yeah, I'm going to ask you again. Have you ever had any alcohol today?

[00:08:07]Got any kind of drugs or anything like that?

[00:08:10]Okay. So, do you want to answer my questions?

[00:08:13]Okay. So, what happened with this accident earlier?

[00:08:19]I came in here. She impeded She came at me.

[00:08:25]>> Mhm.

[00:08:26]I live here. Okay.

[00:08:29]You need to >> Wait.

[00:08:30]So, she's saying that you hit her car and then that you drove away.

[00:08:33]Yeah.

[00:08:34]And I live here. Yeah, that's what she's saying happened. So, I'm trying to talk to you to get your side of the story.

[00:08:40]So, what happened?

[00:08:42]Make it make sense. No, I need you to help me to make it make sense.

[00:08:46]>> Okay, so I live here. Okay, great. What happened? Why do you have paint transfer on the side of your car?

[00:08:51]And why does she have paint transfer on the side of her car? I I have her side of the story. I need yours.

[00:08:57]She's trying to pass me. I live here.

[00:09:00]Great, I got that part.

[00:09:03]So, what happened?

[00:09:04]So, I was trying to come in here. She came past me.

[00:09:09]So, how does that work?

[00:09:14]I don't know, you tell me. I need you to tell me what happened. I need your version of events.

[00:09:19]I was trying to come in here.

[00:09:21]I was trying to call my husband. Mhm. He has the keys, and I'll call him.

[00:09:29]No, hang up the phone. No, hang up the phone.

[00:09:34]What happened while you're passing the Starbucks? What happened was she came passing thinking Was that when you got in here? Mhm. I want to know what happened when you turned in from Atlanta Highway past the Starbucks.

[00:09:51]You see it now.

[00:09:52]I see it? You see my car.

[00:09:55]Yeah, I see your car.

[00:09:56]>> Investigate.

[00:09:57]Oh, that's what I'm trying to do.

[00:10:01]I'm asking you what happened.

[00:10:03]Then what happened?

[00:10:04]Let us break this case down by legal issue in the order it unfolds on bodycam. Issue one, the underlying accident. Under Georgia Code Section 40.6.270, every driver in a collision must stop, exchange information, and render aid.

[00:10:18]Driving away is the textbook duty upon collision violation, property damage only misdemeanor, any injury felony.

[00:10:25]Issue two, the chase. The reporting driver followed the suspect into a residential complex and used her horn until officers arrive. Under Georgia law, a hit-and-run victim may follow at safe distance and report. Issue three, Georgia DUI. Under Georgia Code Section 40.6.391, driving while impaired to the extent it is less safe to drive is a misdemeanor.

[00:10:45]Maximum on first offense, 12 months jail, $1,000 fine, community service, license suspension. Issue four, DUI is not a traffic ticket. The suspect explicitly says, quote, "It is a traffic ticket." That is wrong as a matter of Georgia law. A traffic ticket is a civil infraction. DUI is a criminal offense that follows you onto background checks, employment applications, and immigration files. Issue five, impairment indicators. The reporting driver describes the suspect as not walking straight and going in circles. The bodycam confirms repeated non sequiturs, racial confusion comments, inability to track the officer's questions. Issue six, the obstruction statute. Under Georgia Code Section 16.10.24, knowingly and willfully obstructing an officer in lawful duty is a misdemeanor.

[00:11:33]Without violence, up to 12 months jail.

[00:11:36]With violence, it becomes a felony with up to 5 years state prison. Issue seven, the fifth amendment limit. The suspect repeatedly says, "quote, I have my rights." She is partially correct. Under Miranda versus Arizona 384 US 436, she has the right to remain silent. That right protects passive non-answer. It does not protect active obstruction.

[00:11:57]Issue eight, silence versus obstruction.

[00:11:59]Saying nothing in response to a question is protected. Continuing a phone call after being ordered to hang up is not.

[00:12:05]Refusing to step out of the car is not.

[00:12:07]Refusing hands behind the back is not.

[00:12:09]Issue nine, the lawful arrest. Once probable cause for DUI is established, the arrest is constitutionally clean under Atwater versus Lago Vista 532 US 318. Issue 10, implied consent. Under Georgia code section 40.5.55, by driving on Georgia roads, she consented to chemical testing on lawful arrest. Refusal triggers automatic 1-year license suspension. Issue 11, penalty stacking. DUI 12 months.

[00:12:35]Obstruction 12 months. Hit and run 12 months. Stacked maximum approaches 3 years of jail. Officer grade A. Calm tone through sustained non-cooperation.

[00:12:45]Multiple chances given. Clear explanation of obstruction doctrine before arrest. Suspect grade F. Not for being drunk. For mistaking the right to remain silent for the right to actively interfere. Every minute she added to the encounter added to the evidence record that will eventually appear in court.

[00:13:03]Why don't you tell me what happened?

[00:13:06]Do you see?

[00:13:08]Can I May I? You can step out of the car, please?

[00:13:21]Ooh.

[00:13:22]All right.

[00:13:26]So, um I'm going to ask you a question, all right? Would you consent to doing field sobriety tests?

[00:13:32]What's that?

[00:13:33]Just It's a yes or no question. Would you Would you be willing to consent?

[00:13:37]What's that?

[00:13:37]>> Field sobriety tests. It's to determine your ability to drive on the state roads of Georgia right now. Mhm. Judging by the smell the odor of alcohol coming from your breath, your glassy eyes, you're standing here waving, you can't even stand up straight, okay?

[00:13:50]So, how much alcohol have you had today?

[00:13:55]What is that question?

[00:13:58]How much alcohol have you had today?

[00:14:01]Um two Two what?

[00:14:05]Wine. Wine? What kind of wine?

[00:14:08]Um What is the um It's not in here. I know. I'm turning your car off.

[00:14:20]Yes.

[00:14:24]Sound good? Mhm.

[00:14:26]Perfect. So, would you consent to conducting field sobriety tests to determine your ability to drive on the state roads of Georgia? Yes or no? Mhm.

[00:14:35]You would? Okay, do you want to keep your shoes on or do you want to take them off? I don't matter. You don't It doesn't matter to you. Whichever one you feel the most comfortable with.

[00:14:42]Okay.

[00:14:44]All righty.

[00:14:48]So, I want you to come over here for me.

[00:14:50]Come walk over here for me.

[00:14:54]All right.

[00:14:57]Stand with your hands down by your side.

[00:15:00]Keep your feet together like this.

[00:15:02]Just like so.

[00:15:05]Mhm? Okay.

[00:15:07]All right, so I'm going to You stand like this. Don't move, okay?

[00:15:11]I'm going to give you instructions, all right? So, what I'm going to do is you're going to look at my finger Mhm.

[00:15:16]and you're going to follow with your eyes and your eyes only. Do not move your head.

[00:15:20]Okay? Your eyes and your eyes only, only with your finger. With my finger, sorry.

[00:15:29]With your eyes and your eyes only, please.

[00:15:42]No.

[00:15:45]The Yes.

[00:15:46]All right. So, I need I need you to I need you to put your hands behind your back for me. Okay. Can we do it in the car? No.

[00:15:54]I'm sorry. I won't make it any worse, all right? Put your hands behind your back for me.

[00:15:58]Three lessons from a case where a single misunderstanding of the Fifth Amendment turned a hit-and-run citation into a stack of misdemeanor charges. Lesson one, the right to remain silent means you can choose not to speak. It does not mean you can keep talking on your phone while the officer is asking you to step out. Compliance is not consent. Lesson two, DUI is not a traffic ticket in any state in this country. It is a criminal charge. It survives expungement. It affects immigration. The cost of an Uber is the cheapest legal product on the market. Lesson three, if you are in a minor accident and you are sober, the safest thing you can do is stay.

[00:16:32]The hit-and-run statute does not care whose fault it was.

[00:16:35]It cares whether you stop. If alcohol use is affecting driving decisions, the SAMHSA National Helpline is free, 24 hours, confidential, at 1-800-662-4357.

[00:16:47]And if you are ever unsure whether to call an Uber after dinner, that uncertainty itself is the answer. If this breakdown helped you understand exactly where the Fifth Amendment ends in Georgia, hit subscribe, share this video, and drop a comment with the charge you think was most preventable.

[00:17:02]This stuff is not that serious of a charge. You don't want to add any other charges, okay?

[00:17:05]>> Yes. Just put your hands behind your back for me, okay?

[00:17:12]Look, is that a charge?

[00:17:15]Driving under the influence? Yes, is a charge. ticket.

[00:17:18]It's ticket. Can we Can we do it?

[00:17:19]>> ticket. Absolutely not. Absolutely not.

[00:17:25]All right. Please. Please. Please. Okay, can you Here, how about you lean up against here and let me tighten these so that way these don't tighten on you anymore, okay?

[00:17:32]You can call your husband when you get to the jail, okay?

[00:17:35]But I have my rights. Sure, you do. Do you want me to read them to you?

[00:17:39]Yeah. I'm more than welcome to do that.

[00:17:41]Where's my car? Your car? It's going to stay right there. We're going to walk Your husband can come get it. Okay?

[00:17:50]Okay. Do you understand each of these rights as I as I've explained them to you?

[00:17:53]>> Okay, so Yes or no? Can I call my husband because Yes or no? What's my rights? Okay. Do you want me to read it to you again?

[00:18:01]Yeah, cuz you approached me.

[00:18:06]Okay, you have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. Even if you don't want a lawyer now and agree to talk with us, you can at any time change your mind or and ask for a lawyer or stop talking with us. This ain't right. Do you understand each of these rights as I've explained them to you?

[00:18:27]Having these rights in mind, do you wish to talk to us?

[00:18:30]>> right.

[00:18:31]It's a yes or no question, honey. I need you to answer.

[00:18:33]>> have my rights.

[00:18:35]I just read them to you. You did, but you did not.

[00:18:39]Hey, what's lying? Okay, do you want to talk with me?

[00:18:43]I want to talk to my husband. Okay, so do you want to talk to me?

[00:18:46]No. No, okay. Get in the back of the car, please.

[00:18:50]Ma'am. Please.

[00:18:52]This is No. Please.

[00:18:54]No. No.

[00:18:56]You You're not going to sit down. Okay, so Sit down. Okay, yes. I want to talk to you. Okay, sit down. I want to talk to you.

[00:19:04]No, this is not right. No, this is not right. Put your feet in the car.

[00:19:08]>> This is not right. Put your feet in the car. I'm going to drive you in the car.

[00:19:10]>> is not right.

[00:19:11]>> Get in the car. No, this is not right. I have my civil rights. I I have my rights.

[00:19:16]>> Okay, get in the car. I am a civil person. I have my rights. Okay. You have no rights.

[00:19:21]>> Hey ma'am.

[00:19:22]I'm just going No, no, she has no rights. I got you. I'm just going to No, who has no rights? You. Me? Okay.

[00:19:31]Sit up.

[00:19:36]You have no rights.

[00:19:38]Sit up. This is illegal. I'm putting you in a seatbelt.

[00:19:41]>> No, this is illegal.

[00:19:43]No, this is illegal.

[00:19:45]You have no rights. You are hurting me.

[00:19:50]Okay, thank you.

[00:19:51]Do you need anything from your vehicle?

[00:19:53]Yes.

[00:19:55]Can you please please please >> do you need? What do you need?

[00:20:01]You have no rights.