Refusing to cooperate with lawful police procedures, such as field sobriety exercises and breath tests, can result in additional criminal charges (DUI, obstruction) even when the primary offense is less severe, as demonstrated by a case where a mother charged with felony child neglect for leaving her children alone at a hotel while intoxicated ultimately received only a reckless driving conviction and one year of probation after the prosecutor dropped the most serious charges.
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Police Found 3 Kids Alone at a Luxury Hotel… Then Their Mom Returned DrunkAdded:
You left your children here. Some people called and said you were extremely intoxicated and drove away. Can you tell me what's going on with the kids? No.
Police arrived to find the children abandoned in a hotel while the mother attempts to drive away, but it only gets weirder from here. Get out of the car.
All right, how much have you had to drink tonight?
Step in front of the car.
Do you have your ID on you? No.
Do you have a driver's license? No.
You don't have a driver's license at all?
Um will you run the tag for me? I did already. It comes back out of some guy.
All right, what's your social? Some guy.
All right, this is my car. What's your What's Answer his questions. What's your social?
>> have to be mean to me. I own this car.
What's your social?
No.
Find out.
If you don't identify who you are, you're going to go to jail for obstruction. Okay?
What you're you're Are you Are you Are See, you already know I am.
>> Okay, but I ran you in the driver's I ran you in the driver's license this morning and I can't find you.
>> I'm not playing the game. Okay, so here Here's the thing. You have to Shut your mouth until you until I ask you a question. You have to You You're taking this car? Yeah. I'm I'm taking this part. I don't know about the children thing.
You uh you need to identify to me who you are right now.
Because here's the thing here's the situation you're in. No. You just left your children at a at a hotel without a guardian.
So that can be considered child neglect.
Ma'am.
I don't think you understand the gravity of the situation, okay? I really do.
>> What is your social security number? No.
How much have you had to drink tonight?
>> Nope.
Nothing.
You have nothing to drink?
>> You reek like alcohol. I probably do.
You're unsteady on your feet. You have red glassy bloodshot eyes. I've been in the same spot. You have a strong strong odor of alcohol coming off your person.
Okay, so I'm conducting a DUI investigation right now. Go ahead. Okay, so what is your name?
Hey. No, it's not for me to find out.
It's for you to tell me. Because here's the deal, if you don't tell me who you are, you're going to get charged with criminal obstruction. That's what's going on. No, I'm just mad. Do you know who this is?
I've never seen that dude in my life.
No, but if you need a lawyer, Okay, all right.
Have a nice night. I'm so giddy off of You're not even funny. She refuses to give her name or social unaware that her friends have already told police exactly who she is. So here's the thing, you are displaying many many indicators of possible impairment. I'm conducting a DUI investigation. Are you willing to do a DUI investigation? Are you willing to do some field sobriety exercises?
All right, refusing to do the DUI exercises as I've lawfully requested will force me to make a DUI arrest decision based on the totality of the circumstances and everything I've observed up to this point. And your refusal to participate in the exercises will force me to make a DUI arrest decision right now and can be used against you in a court of law.
Will you do the exercises? Turn around.
Under arrest for DUI and obstruction and child neglect. Is there anybody here for your children? Can I make a phone call?
No. Not right now. Yeah, she reeks.
>> Yeah, she does. She had a She had a lot to drink. Child 25, can you start me a few minutes for a search? Let's go and have her Let's go to the front of my car while I try to figure out who she is.
Come on.
Walk.
Shut up. Walk.
I don't feel like it.
Carey's talking to you, You going to take care of my kids?
You're not taking care of your kids. You going to take care of my kids, bro?
You're not taking care of your kids. You going to take care of my kids, bro? What kind of mother are you? You leave your kids here.
I was What kind of mother are you? You leave your kids here.
Bad mother, I guess. Cuz I'm a parent and I would never leave my kids drunk at a hotel with people I don't know. Do you even know who your kids are with right now?
Don't touch me, bro. Don't Don't jerk away from me. Don't touch me like that.
Don't jerk away from me.
>> Don't touch me like that. Listen to me. Listen to me. Listen to me. This is about to go I KNOW. I KNOW.
Stop it. Stop it.
I don't want to hurt you, but you're about to get there. Stop it.
My understanding is that there was a male involved here.
>> Correct. He left on foot. Is he the dad?
Uh no. But is he like Is he a caretaker of the children? He was watching them during the wedding. He got mad. She was having a good time.
Came, threw the kids at her, left. They were fighting in the parking lot. She was trying to take the kids. I wasn't having it. This is not okay. This has happened multiple times. She was clean for a very long time. Once they were using her mom, it was you gentlemen.
gentlemen Um No, absolutely not. And she just seems really drunk. Yeah, she seems so. Yeah.
Can you guys step us back up a little bit for us?
>> Of course.
All right, this this is Sergeant Handcock. She's going to search you.
Come on out.
The tension peaks during a physical search as the suspect jerks away, turning a DUI into a resisting arrest charge.
[ __ ] front of everybody?
Embarrassing. Face the car, please.
All right, we understand you're a possible heroin user. Do you have any needles on you? Are you [ __ ] serious?
All right, we don't want to get stuck, ma'am. Spread your feet, please, for me.
Do you have any Do YOU HAVE ANY NO!
You're about TO CATCH A RESISTING arrest charge.
>> mad, dude. Ma'am, stop yelling, okay?
All right, listen.
Do not Do not >> Somebody needs to bail me out. This is not okay, dude. Do not turn around like that. Do not Do not turn around like that. Ma'am, stop.
Hey, relax, relax. Spread your feet for me, please. Calm down. You're making this worse. Can you spread your feet for me, please? You don't have to [ __ ] scratch me, dude. Do not kick. Spread your feet. Stop it. Stop it.
>> Stop it. Spread your feet for me, please, Mickey.
Spread your feet.
I have no I have nothing on me. Yo, somebody better bail me out of this jail.
Ma'am, you're in no condition to drive a vehicle. I know. I came back to get my kids. Yo, if somebody doesn't [ __ ] bail me out, I'm going to be really [ __ ] pissed off. Mickey, stop. We don't Mickey, we don't want We don't want to hurt you, okay? I could tell, the way you [ __ ] pulled me away. You're not allowed to yank away from us. I'm going to keep control of you.
>> like I'm upset. Okay, but you still have to follow our instructions.
>> friend's wedding, and I'm getting [ __ ] arrested, dude. Imagine how she feels about me.
I haven't been arrested in 10 years.
Mickey What about my car? Can you go park my car somewhere?
>> No, it's We're probably going to tow it.
No! Dude, please, I'm so broke. Please don't [ __ ] Can you just you least go park my car?
>> just stand there. Ma'am, there's a consequence to Can you at least go park like I'm asking you for a favor. I'm not doing any favors. I'm moving your feet.
I'm just trying to [ __ ] help you.
Carrie, I swear to God if you don't [ __ ] try to bond me out, dude, I I'm going to be so mad, dude.
Do you have anything in your bra?
Anything in your bra, money or anything?
>> No, I don't. I'm in a [ __ ] You know it's Pick your own pick your shoes back up.
>> want to go to shoes. They're gone.
Dude, my All right, you've been placed under lawful arrest for DUI.
I'm I'm now requesting you submit to a lawful test of your breath I will take it. for the purpose of determining the alcohol content. Will you submit to a breath test?
No. To a lawful test of your breath here in a blood Nick, you need to listen to this.
You You will be What about my driving?
>> be You will be You will be committing a misdemeanor. Dude, this is Refusal Listen, refusal to submit to the test requested of you is admissible in the evidence in any criminal proceeding. Will you take a breath test? Okay, refusing.
She elbowed me. It hurt. No, so right now you're under arrest for felony child neglect. Felony? Felony child neglect for leaving your children here.
But they're with my friend.
Who they're with?
Are you my best friend of 20 years?
Child neglect is a breath refusal. I'M GETTING ARRESTED FOR CHILD neglect with my friends of over 20 years.
All right, Nick, can you slide across?
Where Where are you bleeding from? I don't know. I can't see my face, dude. I don't know.
Did you hit your head on something? I don't know. Okay, well come in here and we'll take a look at it. Anything for you, officer.
Cuz I neglect my [ __ ] children cuz I drink. Did you fall?
I don't know. Put your feet out first.
Hold on. Hold on. I got to I got to get your right. I'm just saying I don't neglect my children. I know, but you just watched them out. No, what do you mean you know? So, why are you charging ME WITH LIKE NEGLECT, BRO? I just said These are my kids. This is serious. This is This is my Listen.
This is my kid. I think you did that banging your head on my cage. Okay? So, let's Ma'am, I take care of my kids.
I GOT DRUNK, OKAY? I DON'T TAKE CARE of my It's a wedding. I'm a [ __ ] bridesmaid. Ma'am, please sit down.
Ma'am, this is why I told you to stop banging your head on my cage, okay? Now you have a Now you have an eye cut, okay?
Despite facing a laundry list of felonies, including three counts of child neglect, the legal outcome took a massive turn. The prosecutor dropped the most serious charges, reducing the DUI to reckless driving and sentencing her to just 1 year of probation.
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