Entitled Driver Learns The Hard Way After Refusing Field Sobriety Tests

Added: 2026-05-14

[00:00:00]I had like a glass of wine I don't really want to do this no no okay do you want to do any of the other balance tests no nothing at all I'm not going OK I don't have a DUI cause I'm not drunk I want you to do the right thing and arrest somebody that actually deserves to be arrested and it's not me okay no I think this is f*cking insane how about like no I didn't do anything wrong hi how are you Monmouth Beach police do you have your license registration and insurance um yeah so I'm like in the middle of getting a new one this is a rental car okay can you just turn the music down I'm sorry yeah is there a reason why you're pulling me over when I get all your documents I'll let you know why because that's how it works I just want to know I'll let you know right when I get all your documents um so what do you need because it's a rental your license the registration and the insurance does it come with some type of insurance and it's not mine it's my dad's okay does it have any type of uh insurance in it when I get all your documents I'll let you know so you don't know why no I do know I have like a valid reason no I do okay I wanna know who I'm speaking to first I wanna get your documents do you at least have your license on you okay do you at least have your license on you I have like a temporary license okay can I have it it's like in my home okay can I see it but like why are you pulling me over because you made a U turn in the middle of Ocean Avenue and you can't make a U turn okay like coming no problem to the 18th to the 13th okay is it a New Jersey yeah I'm sorry I just can't see that far away I have like tickets to so you have tickets yeah for what like like my old car okay and like the license thing so I got the license like it was just like expired and then like I missed like a date so I have to re go to court okay I'm 27 so like you could just not that'd be great unfortunately I'm just pulling you over because you made a U turn in the middle of Ocean Avenue where are you coming from tonight where is food at Rudy's why at Rudy's OK how much have you had to drink tonight none none at all I had like a glass of wine just a glass OK alright just hang tight for me she smells like alcohol hmm she's kind of nice how's that what's her uh where she from she I honestly I don't even know she had a temporary license I guess she just got it so I just took the number off of her like a like the what they the one they email you she's kind of giving me a hard time to even give me her license she said it's a rental car I'm gonna run her license but I'm gonna try and pull her out all right if you wouldn't mind just stepping out of the car for me I just wanna run you through a few tests and then you're gonna be okay to drive if the tests go accordingly okay the vehicle just no I'm not I just want you to perform some tests and then you'll be on your way if not oh OK just because of like you smell like I smell alcohol so that's OK no problem okay do you have any issues with your eyes contacts glasses anything like that I've been a Lego so I just can't see that well at night okay what is that is it just not being able to like I can't see like I have a little bit of night blindness okay but I'm good like not blind but just I can't see the whole night okay no problem any glasses contacts anything like that I need them but no no okay okay no problem so what you're gonna do is you're gonna stand with your feet together with your hands down by your side OK can you see the tip of my pen OK yeah you can OK can you tell me what color it is black black OK I know it's a silly question I just have to ask OK so you're gonna follow the pen the tip of your pen the pen with your eyes and your eyes only OK you're not gonna move your head at all do you understand yeah OK you can see it yeah okay can you follow it with your eyes I don't really want to do this like this is kind of weird okay I'm just testing your eyes to make sure that you're okay to drive I'm fine okay no problem do you want to do the continue the test no no okay do you want to do any of the other balance tests no nothing at all no okay can you just stand right here then what does that mean I want you to stand right over there like what happens if I say no you can refuse I feel like this is dumb okay that's okay you could sit just like what if you refuse is that bad well I'm gonna have to base my decision off of what my observations thus far oh okay so it's up to you technically it's not so what do you want me to do no it is up to you if you wanna continue to the tests I can continue the tests if you don't wanna continue the tests I'm gonna be make my decision off of what I've observed thus far so you wanna give me a ticket no I don't want to give you a ticket that's why I'm having you perform these tests I want you to follow the pen fine okay can you stand closer to me sorry I'm like this all the time okay can you see the pen okay can you stand with your hands down by your side with by your side thank you yes can you see the pen OK yeah OK you're gonna follow with your eyes and your eyes only OK keep your head straight I'm sorry I'm not trying to just do you wanna continue the test I'll try can you stand forward to me yes do you want to do the other two tests first then we can come back to this OK are you comfortable walking in those shoes because they are very tall you're OK walking in them yeah OK OK you're gonna pretend that there is a line an imaginary line in front of you okay okay so you're gonna put your left foot on that line you're gonna stay in this position until I tell you to begin the test do you understand these instructions yeah okay so you're going to take I didn't tell you to start yet so you're gonna take 9 here put your hands down by your side you're gonna take 9 heel to toe steps down that line oh like I'm gonna explain the instructions you're gonna stay in the starting so heel toe it's whatever you want if you're more comfortable in bare feet then go bare feet alright nine heel toe test left first okay so you're gonna put your left foot on the line and you're gonna put your right foot in front of your left with your hands down by your side touching heel to toe and I didn't tell you to start yet OK so I'm not OK this is a hard test OK you're gonna take nine heel to toe steps OK down that line at the end of your ninth step leaving your lead foot planted on the line OK you're gonna take a series of small steps to turn around and take nine heel to toe steps I'm gonna demonstrate it for you it's gonna look like this 1 two three you're gonna take a series of small steps and you're gonna count back 1 2 3 again I did three you're gonna do nine so you're gonna look OK wait you're gonna look OK you're gonna look down at your feet you're gonna count your steps out loud keeping your hands down by your side touching heel to toe and taking nine heel to toe steps do you understand these instructions we'll find out well do you understand them or no do you want me to reexplain 9 and 9 right 9 heel to toe steps with a series of small steps leaving your lead foot planted on the line and 9 heel to toe steps up okay count your steps out loud look down at your feet like to you count them you're not gonna count them to yourself if you're counting out loud right okay so count to nine that way and then what do I do at the end a series of small steps to turn around leaving your lead foot planted on the line and another series of nine steps back down the line okay do you understand these instructions yeah okay you may begin with your hands down by your side okay one 2 this is like your drunk test but like I'm not drunk but like it's impossible to do this you know that right it's not 3 4 this sounds so ridiculous 5 I'm gonna fail this 6 7 I'm not drunk I swear I'm just like this bad 8 9 this is a set this test that is set up for failure it's not this is a geographical f*cking bullsh*t government test okay one two three four five six seven eight nine okay am I drunk or not is that how you wanted to complete the test yes I do okay the next one is gonna be the one leg stand you're gonna stand with your feet together put your hands down by your side you're gonna pick one foot either of your choosing approximately six inches off the ground I'm gonna demonstrate it okay it's gonna look like this 1001 1002 1003 and so on until I tell you to stop so that foot is gonna be parallel to the ground with your leg straight and you're gonna count aloud in the fashion 1001 1002 1003 and so on keep your hands down by your side and counting out loud I wasn't listening sorry okay no problem can you say that again yeah so you're gonna stand with your hands down by your side and your feet touching heel to toe yep right there you're gonna lift one foot either of your choosing approximately six inches off the ground it's approximately the size of a soda can it's gonna say parallel to the ground with your leg straight and you're gonna cattle out in the series of 1001 1002 1003 and so on until I tell you to stop do you understand do you want me to demonstrate it again yeah what if I say like I'm done well that's up to you I'm gonna base my my decision I figured it out by now am I drunk or not well I'm gonna base my decision off of my observation so if you would like to stop the test you can stop the test I would like to stop the test am I drunk okay so just hang out here for a second if you don't mind I'm gonna speak to my other officer yeah just hang out there it's fine can you step back out of the vehicle for me why I just told you to hang out for a second why because I'm arresting you for driving while intoxicated I'm not drunk OK that's fine you can go inside and you can do the breath test and then we can proceed from there why because that's how it's gonna go can you please step out of the view based based off of my based off of my observations I gave you multiple times to perform the tests and this is my decision based off of my observations I'm not drunk okay that's fine we can go inside and we can where inside of our police station I'm not going OK you are why because I'm placing you under arrest why for driving while intoxicated I'm not drunk OK I gave you ample time to perform these tests I smell alcohol no you don't OK can you please step out of the vehicle no this is not good this is not correct and you know it okay you gotta get out or what pull you out if you don't step out of the car willfully we have to pull you out of the car that's an additional charge to just the DUI I don't have a DUI cause I'm not drunk okay then you can prove that when we get inside are you f*cking kidding me no why are you giving me a DUI based off of my observations I had a glass of wine okay don't go out ever okay then we can prove that inside I have a 3 year old OK her dad doesn't care about her OK so you know what you can think what you want in mama beach but that's the truth so if you wanna f*cking arrest me you're gonna f*ck up that OK I have enough sh*t going on OK and you're fine with that you don't care well it wasn't my choice no it is OK I didn't do anything wrong so OK well I gave you ample amount of time to perform the tests the f*cking shout out test set up to f*cking fail so that way you guys can get what you want money out of whoever you want like come on no I'm not stupid so can you please step out of the view no you're not gonna step out of the vehicle no so you want an additional charge on top of no I want you to do the right thing and arrest somebody that actually deserves to be arrested and it's not me okay well unfortunately you'll have your day in court to explain all of that and I don't think any of this is over okay well this isn't court so we're not gonna deliberate that now great so like why don't you find someone else okay so will you please step out of the vehicle no either get out willfully or we're gonna pull you out and then it's gonna be another charge this is a traffic offense right now do you want a criminal charge it's not a traffic offense it is do you want a criminal charge now just tickets you're saying I have a DUI like I'm good I don't have a DUI if you don't get out of the car you're gonna get resisting arrest and then it'll be a criminal charge right now it's motor vehicle I'm good alright well you have to get out you're getting out one way or the other we're either pulling you out or we're gonna get you out no this is bullsh*t okay so are you gonna hop out no so you want to get pulled out no I want to find my phone well you have two options it's getting out of the car willfully or we're dragging you out of the vehicle okay I just need to find myself put it on the back of the car can you grab it if you get out of the car yeah just get out you can't do that you have to get out of the car OK here's your phone now get out of the car we're not waiting all day you're either getting out right now or we're pulling you out come on what are you doing you have to get out you're getting out of the car and where am I putting the car we're towing it no you're not yeah we are yeah we are why cause that's the rule I'm not drunk okay we are when we get inside no right now no no that's not a thing in New Jersey no well then what is it you blow inside say that again inside of our police station I'll do it now you can't we don't have it it's not a thing that's bullsh*t it's New Jersey just get out of the car and make this easier no this is not easy this is not okay so you wanna get dragged out of the car no I think this is f*cking insane okay well you're either gonna get out or we're gonna drag you out it's one of the other you literally have two options we're getting out of here we drive you out you're getting additional charges and it's criminal charges and this is a motor vehicle accident or motor vehicle you're getting fingerprinted I did nothing wrong okay well you're refusing to get out right now so that's wrong I'm being like harassed by the police no you're not yeah I am every five f*cking seconds here alright we'll get out whatever f*cking reason okay can you get out no then we're pulling you out do you want a criminal charge what's the difference well resisting arrest right now you're just getting tickets for what like for just for what for this offense no for real like for what what did I well you made the U turn in the middle of Ocean Avenue that was the reason just find someone else like I'm not doing anything wrong OK leave me alone I'm tired I wanna go home OK you can go home when we're done with this I'm not going in the back of your car okay well you are no I'm not that's how it works I'm not a criminal I'm not going in the back of a cop car you are both of you can know you're getting out there's nothing wrong with me and you guys can literally know come on let's go no get out of the car get out of the car why cause you're getting arrested for what DWI come on why let's go get out I didn't I didn't drink get out I'm drunk driving get out of the car get out of the car I'm pulling you out of the car in three seconds if you don't get out of the car I've asked you kindly no multiple times you have not I'm not drunk driving I'm not getting in trouble you're getting out regardless whether you're getting dragged out or getting out by yourself you're getting out great I'll get an Uber if it's like that but like I'm not no you're not getting an Uber you're coming with us no I'm not no you are why because you're getting arrested for what drunk driving I'm not drunk OK you can prove that when you we will we will when we get outside now because that's not how New Jersey works why I don't know ask the lawmakers get out of the car we're giving you another opportunity you either get out of the car or we're charging you with resisting you said you have a three year old at home if you get you're gonna try to give me a drunk driving thing no do you wanna go home tonight or do you wanna go to jail tonight if you get criminally charged because you're gonna tell the truth as to where I'm going in the back of that car like no we're going to our headquarters for DWI you'll go home tonight for resisting arrest you might go to jail for the rest of the weekend Ew get out of the car it's a let you will not see a judge until probably Tuesday morning at 8:00am that's disgusting OK correct get out so you're gonna either get out of the car this is disgusting OK get out so you're either gonna see a judge at 2:00 o'clock in the morning if we end up tonight in jail no no if you go to jail tonight no like right now you're not going to jail you're going inside for maybe 45 minutes maybe okay um how about like no I didn't do anything wrong you're going to where our headquarters in Mamas Beach correct no the f*ck I'm not you are I'm not okay whatever what get out of the car get out aw get out of the car get out get out of the car aw stop aw aw aw aw get off of me get off of me turn around aw what the turn around aw aw aw are you kidding me could have been a lot easier aw aw aw my arm stop stop aw stop I can't see it you got her officers with the Monmouth Beach Police Department initiated a traffic stop around midnight on August 1st, 2025 after observing an illegal U turn on Ocean Avenue what followed was a DWI investigation that escalated into a resisting arrest situation raising significant legal questions on both sides of the encounter the stop itself was legally sound under New Jersey statutes annotated Section 39 4 1 25 U turns are prohibited where they cannot be made safely or where otherwise restricted a directly observed traffic violation provides clear reasonable suspicion satisfying the Fourth Amendment standard established in Terry versus Ohio for an investigatory stop the transition to a DWI investigation was triggered by the odor of alcohol and the subject's contradictory statements first denying any drinking then admitting to a glass of wine this inconsistency is a recognized indicator of possible impairment under Pennsylvania versus Mims decided by the Supreme Court in 1977 officers conducting a lawful traffic stop have unconditional authority to order the driver out of the vehicle no additional justification is required this means the officer did not need to detect alcohol or suspect impairment to order the subject out the lawful stop alone was sufficient a point the subject clearly did not understand the officer administered standardized field sobriety tests following National Highway Traffic Safety Administration protocol beginning with the horizontal gaze nystagmus then the walk and turn and finally the one leg stand a critical legal distinction here in New Jersey field sobriety tests are entirely voluntary there is no statutory penalty for refusing them this stands in direct contrast to the chemical breath test at the station under New Jersey's implied consent law Section 39 4 50.2 every motorist operating on New Jersey roads is deemed to have consented to the Alcotest breath test refusal of that test carries its own mandatory penalties including license revocation and fines the subject partially completed the walk and turn started before being instructed rushed through the return steps and refused the one leg stand entirely she also failed to maintain attention during instructions a recognized Nizza impairment indicator the officer then arrested the subject for driving while intoxicated under New Jersey Statutes Annotated Section 39 4 50 this statute prohibits operating a motor vehicle while under the influence of intoxicating liquor notably New Jersey law allows a DWI conviction based on observed impairment alone regardless of blood alcohol concentration even a reading below 0.08% does not preclude conviction if the officer can demonstrate substantial diminution of the driver's faculties the officer's probable cause rested on the totality of the circumstances the odor of alcohol contradictory statements and observed traffic violation at midnight difficulty following test instructions incomplete test performance and outright test refusal whether this totality is sufficient is debatable the evidentiary foundation is thinner than a case with completed field sobriety tests showing multiple standardized clues this would be a legitimate point of challenge at trial the encounter then shifted from a motor vehicle matter to a criminal matter the subject refused to exit the vehicle for approximately eight minutes triggering New Jersey statutes annotated Section 2C29 to resisting arrest under this statute purposely preventing or attempting to prevent a law enforcement officer from affecting an arrest is a disorderly person's offense carrying up to six months in jail and a one thousand dollar fine critically the statute explicitly states it is not a defence that the underlying arrest was unlawful provided the officer was acting under colour of official authority disagreement with an arrest must be resolved in court not on the roadside when officers ultimately used physical force to remove the subject the reasonableness of that force falls under Graham versus Conner the court established a three factor test the severity of the crime the immediacy of the threat and whether the subject is actively resisting here the subject was actively resisting a lawful arrest after more than 15 verbal commands officers used only soft empty hand control techniques no strikes no electronic control devices no weapons the force was proportionate and reasonable the irony of this case cannot be overstated the officer repeatedly offered the subject the chance to take the Alco test at the station had she complied a reading below the legal limit would have significantly undermined the DWI charge instead by refusing to go to the station she ensured she could not access the very evidence that might have cleared her the lead officer receives a B minus the initial stop was lawful the DWI investigation was procedurally sound and the patience demonstrated during the extended standoff was commendable the force used was minimal and proportional however the probable cause determination rested on observational evidence and incomplete testing creating potential vulnerability at trial a stronger articulation of specific nitsa clues on camera would have reinforced the case the subject receives a D+ her sustained refusal to comply with a lawful arrest transformed a motor vehicle offense into a criminal case the resisting arrest charge is far more strongly supported by the footage than the DWI itself limited credit is warranted because her resistance was primarily passive she did not strike any officer and the force level remained low as a direct result of her not escalating to physical violence there are clear lessons from this encounter for both law enforcement and the public for officers articulate your observations with specificity when probable cause rests on partial field sobriety test performance and observational cues stating exact clues on camera such as specific step counts missed or loss of balance strengthens the case significantly for the public the roadside is not a courtroom disagreement with an arrest however justified it may feel does not change the legal obligation to comply resistance only adds charges in New Jersey field sobriety tests are voluntary but the breath test at the station is not understanding this distinction before an encounter occurs is the single most valuable piece of legal knowledge a driver can possess compliance is not an admission of guilt it is preservation of your legal options the courtroom is where rights are vindicated not the roadside 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 and don't forget to subscribe to our channel for more content on police court interactions