Defendant's Alcohol Level Rises in Court — Judge SNAPS Over Suspicious Answers

[00:00:00]Good afternoon, Mr. Shipman. We were here originally for arraignment. We spoke fine. The issue of consumption of alcohol came up. I think Mr. Shipman needs to clarify his answer for so that he's accurately providing information to the court.

[00:00:16]>> Thank you. Okay, Mr. Shipman.

[00:00:19]>> Yes, ma'am.

[00:00:19]>> you last consume alcohol?

[00:00:21]>> I drank last night, ma'am.

[00:00:23]>> Not Sunday?

[00:00:25]>> No, ma'am.

[00:00:27]>> Okay. So, there's going to be alcohol in your system at the time of the violation.

[00:00:31]>> I believe [clears throat] so.

[00:00:35]>> What did you have to drink?

[00:00:38]>> Uh six beers. [clears throat] >> Six beers? How many?

[00:00:48]Can you say it was a 12-pack?

[00:00:49]>> Um no, it was six of them.

[00:00:52]>> More?

[00:00:53]>> No.

[00:00:54]I'm sorry, less.

[00:00:57]I imagine that I probably would by the time you got >> [clears throat] >> by the time I >> And did you drive here today?

[00:01:05]>> I did.

[00:01:06]>> How was that a good idea then?

[00:01:09]>> No, ma'am.

[00:01:09]>> If you think that you're going to be detected by the tether, then you probably are would have been um had some detection if you were pulled over.

[00:01:19]>> I have a personal breathalyzer, ma'am, um and I took it this morning about 8:00 a.m. Uh to make [clears throat] sure that I was uh good to come down here, and I was below the legal limit at that time.

[00:01:30]>> What were you at 0.07?

[00:01:33]>> I I I was below the legal limit, ma'am.

[00:01:35]>> I understand that. So, how do you determine you were below the legal limit?

[00:01:39]>> I think I was at about 0.06, maybe.

[00:01:44]>> Now, you were at 0.06 this morning at 8:00 a.m. So, that tells me you drank more than 12 beers last night.

[00:01:51]No?

[00:01:52]>> No.

[00:01:54]>> When When you stop drinking? Let me clarify that.

[00:01:57]>> I don't.

[00:01:58]>> After midnight?

[00:02:00]>> I don't.

[00:02:07]>> Okay, counselor, I do appreciate you having this case recalled for that purpose. And why are you on a personal counselor?

[00:02:14]>> [snorts] >> I just I guess it's smart if I have a drink the night before to make sure that I don't drive over.

[00:02:32]>> That's not because some other court ordered that.

[00:02:35]>> No.

[00:02:40]No, about approximately 3 years ago, I I got a DUI and I I want to make sure that this never happens again.

[00:02:51]>> Okay.

[00:02:52]Can't say you're not being cautious or prepared.

[00:02:56]But you know, sir, even if you're below the limit, but your behavior is something different, that could still be a consequence. I'm sure that your attorney will discuss with you. Okay.

[00:03:06]So, I appreciate that clarification, sir.

[00:03:12]I will make note of that.

[00:03:14]>> [snorts] >> And you still are going to have the alcohol tolerance but in I can actually have the company come here to place the alcohol if you're not driving.

[00:03:25]Okay.

[00:03:26]Counselor, are you with you right now?

[00:03:28]>> I don't know.

[00:03:29]>> So, if you were to blow right now, it would be all detected in your system, sir?

[00:03:35]>> I um I I think there might.

[00:03:42]>> Okay.

[00:03:43]40, can you see if they 40, can you see 40, can you see if they can bring a PBT over here for Mr. Shelton, please?

[00:03:56]>> That's okay. Can you just see if uh if if uh turn the lights on in the bathroom?

[00:04:00]>> Yes, ma'am.

[00:04:00]>> Can you see if you can come over with a PBT, please?

[00:04:03]>> [clears throat] >> So, do you have um If I have this other uh >> [clears throat] >> company come here, do you have the $100 $180 to pay them?

[00:04:19]>> Um I could get it.

[00:04:21]>> Okay. I have some concerns if he's going to be driving because I have a feeling that you're still going to be at a level that's probably not acceptable.

[00:04:31]It told me that you're probably higher than a 0.06 this morning, but maybe not.

[00:04:37]I've been known to be wrong.

[00:04:40]All right. I You can just have a seat right at that table right there. That's fine. And then we'll reconvene all this later. Thank you.

[00:04:45]Uh we're recalling Mr. Daniel Shideler.

[00:04:47]May I have your name and your appearance again, please?

[00:04:49]>> Uh good afternoon. My name is Henry Wallace on behalf of Mr. Shideler, who's standing to my right.

[00:04:54]I have my attorney number 403-755-1.

[00:04:57]>> Yes. [clears throat] And your name, sir?

[00:04:59]>> Daniel Shideler.

[00:05:00]>> Okay. Do you want to clarify any other answers that you've given this court so far?

[00:05:04]>> No, ma'am.

[00:05:04]>> No?

[00:05:05]>> No.

[00:05:07]>> You don't want to clarify that when you took your self test that you indicated that you took that it was a 0.06.

[00:05:18]You don't want to clarify that?

[00:05:20]>> No, ma'am.

[00:05:23]>> So, how do you explain if you haven't had anything to drink today, how do you explain the fact that your level is higher now than it was when you took the test at 8:00 this morning?

[00:05:46]It was a 0.072.

[00:05:50]>> The only thing I would say to that man is I had nothing to eat or drink this morning.

[00:05:58]>> When is the last time you consumed alcohol? And don't tell me you don't know. That's not going to suffice.

[00:06:04]Suffice.

[00:06:04]>> night is before I went to bed, ma'am.

[00:06:06]>> What time did you go to bed?

[00:06:07]>> Do not recall.

[00:06:08]>> That is not true.

[00:06:10]>> It is true, ma'am.

[00:06:11]>> Were you watching Monday night football?

[00:06:13]>> I don't watch sports.

[00:06:15]>> Okay. Were you watching anything on TV?

[00:06:18]>> I was watching YouTube.

[00:06:25]>> And you don't recall at what time you went into bed and started watching YouTube?

[00:06:30]>> I was in my living room watching YouTube, ma'am.

[00:06:33]>> Okay.

[00:06:34]And you live alone?

[00:06:36]>> I do.

[00:06:49]>> Well, sir, your level is not going to go up if you stopped drinking last night before you went to bed.

[00:07:03]Your level is going to go up. This is now four and a half hours after you're saying that you took your test.

[00:07:11]It's not going to go up if you were not continuing to drink.

[00:07:16]>> I had nothing to drink this last night, ma'am.

[00:07:24]>> So, either your testing device that you utilized is defective and you were actually higher than a point 06 or you're not being honest right now.

[00:07:36]One of the One of the two.

[00:07:39]>> Yes, ma'am. I am being honest.

[00:07:43]>> All right.

[00:07:44]So, counsel, um your client has indicated that he gave himself a test and he was a.06 at 8:00 a.m.

[00:08:01]The test he just took here, administered by one of my court officers, showed a.072.

[00:08:14]And I'm sure that you would agree with your experience that if there isn't any continued drinking, the levels are not going to go up.

[00:08:23]>> Assuming that the devices are both accurately working, correct?

[00:08:26]>> Correct. Logically, that would be the conclusion.

[00:08:29]>> Correct.

[00:08:29]>> I've never seen a device. I don't know if it works. I don't know if it worked right today.

[00:08:34]I don't know if the ones over the counter are as accurate as the ones or if they're identical to the ones that the police have.

[00:08:40]>> Right.

[00:08:41]I would agree.

[00:08:43]The concern I have is the fact that um your client coming, knowing he had a court date today which involved consumption of alcohol, which is to be the basis one of the basis of this offense, um and he was consuming alcohol last night at some point, perhaps even into this morning. I don't know what time he went to bed.

[00:09:24]Claims that he um took a test that registered him below the legal limit, so he was okay to drive, um which I'm sure you may have had already in conversation regarding that anyway.

[00:09:40]And then now, 4 and 1/2 hours later after you took the test, it's a 0.07. [clears throat] And he's done it uh how long What time are you scheduled for court today, sir?

[00:09:54]>> 11:30.

[00:09:55]>> 11:30.

[00:09:58]So, you've got at your least an hour and a half.

[00:10:01]I'm presuming you got here a little bit before 11:30, spoke to the prosecutor.

[00:10:05]Right?

[00:10:06]So, >> Good day.

[00:10:07]>> [clears throat] >> Good morning.

[00:10:08]>> Yes.

[00:10:09]>> Please, um I um I [clears throat] I need to obtain counsel, so I'm a little hesitant about um answering any more questions with regard to that subject. Um but, we're putting him on a tether.

[00:10:22]Kind of the rubber's going to meet the road, so to speak. He's already You've already instructed him that he's not allowed to consume alcohol. He's not allowed to consume drugs at all. And this unit that you're about to uh um impose on him will detect whether or not he's consuming alcohol. And whether he knew what was going to happen today, he didn't know what's going to happen today, the court has certainly made him aware of what's going to happen moving forward.

[00:10:50]>> Correct.

[00:10:51]>> And I will certainly convey what has happened here today to his retained counsel so that he can advise him concerning the appropriate course of action.

[00:11:01]>> Yeah, [clears throat] that's fine.

[00:11:01]>> Please.

[00:11:04]Okay. So, I'm going to continue the bond and the conditions with one exception.

[00:11:09]The alcohol tether that you're going to have is going to be through the Wayne County Jail, not through EMS.

[00:11:15]And that's because in the event there's anything detected, sir, you will be arrested immediately to the Wayne County Jail by the Wayne County Jail.

[00:11:25]So, you're going to go through here, and you're going to go into the Wayne County Jail and get your tether. The bond and the tether have been posted will still apply, but um I have some serious concerns for your own safety and the safety of the public regarding your alcohol consumption. So, your alcohol tether will be through the Wayne County Jail.

[00:11:51]Okay?

[00:11:51]>> So, I'm I'm clear. He's being transported down to Wayne County Jail.

[00:11:55]>> Yes.

[00:11:56]Yes. He's being brought back.

[00:11:58]He's going to be transferred down to Wayne County Jail and he'll have the tether law and presumably get picked up from down there. It may be a couple of days and sometimes they don't It just depends on where they're at with um their tether unit and their individuals.

[00:12:10]>> Understood.

[00:12:11]>> Okay? So, sir, um please write down on a sticky note what kind of vehicle you have in the parking lot just so we can make sure it's not getting towed. Okay?

[00:12:38]I'll go walk out there for a moment.

[00:12:41]>> Excuse me, sir.

[00:12:42]>> Um no, Mr. Uh so, we're going to go with um court officer here and we're going to provide that over to the uh Wyandotte Police Department so that they are aware um so that they don't tow your car or you can even make a phone call so that we can come pick up your vehicle.

[00:12:58]>> Will he be going to the center?

[00:12:59]>> Is that center you know or just down straight to the center? I'm just not familiar with the process.

[00:13:04]>> I I believe he goes He gets transferred down to Wayne County Jail and then they will um um put him over in the tether unit area.

[00:13:11]>> Thank you.

[00:13:11]>> Okay? All right. Thank you.

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

[00:13:14]Okay.

[00:13:15]Judge, have a good day.

[00:13:16]>> All right, you as well. Thank you.

[00:13:18]>> One of the most important issues in this case was credibility. The judge was not simply focused on whether the defendant had consumed alcohol. The court was evaluating whether the defendant's explanation matched the available evidence. The defendant claimed that he had tested himself earlier in the morning and believed he was below the legal limit before driving to court.

[00:13:39]However, when a court-administered breath test later showed a higher reading, the judge found the explanation difficult to reconcile with how alcohol levels typically behave over time.

[00:13:50]That discrepancy became the central issue.

[00:13:53]The judge's response demonstrates a key legal principle. Courts have broad authority to impose reasonable bond conditions when there are concerns about public safety or compliance with court orders. Rather than immediately revoking bond, the judge imposed stricter monitoring through an alcohol tether administered by the county jail.

[00:14:13]This case also highlights the difference between personal belief and evidence presented in court. Judges are not required to accept explanations at face value. They assess credibility based on testimony, physical evidence, and common sense inferences.

[00:14:29]The takeaway for viewers is simple. When appearing before a court, honesty, preparation, and compliance with bond conditions matter.

[00:14:38]Courts place a high priority on public safety, and when a judge believes there is a risk, additional restrictions can be imposed very quickly.