A 78-Year-Old Senator Blew a 0.14 — Then Pled No Contest | Georgia DUI Bodycam Analysis

[00:00:00]I I had a glass for lunch and then a glass this afternoon. That's all I had.

[00:00:04]>> Okay.

[00:00:06]>> I mean two >> 14.14.

[00:00:10]Okay.

[00:00:10]>> I'm over the lake.

[00:00:11]>> So you're over the legal limit.

[00:00:12]>> On February 13th, 2021, Valentine's Day Eve, officers at a Florida airport were called after a Southwest Airlines passenger refused to wear a mask during her flight and was argumentative with flight attendants. She was charged with trespass and resisting without violence.

[00:00:31]She completed a pre-trial diversion program. Both charges were dropped. No convictions. This analysis examines the airlines authority. Why the mask was not a criminal charge and the legal moment the outcome was determined.

[00:00:46]>> All right. White car.

[00:00:48]>> Yeah.

[00:00:49]>> Yep. Transfer. Okay. So, you was traveling.

[00:00:53]>> So, I was coming like where these cars are coming from. westbound off the island. Uhhuh.

[00:00:58]>> He was at the stop sign >> and then just pulled out in front of me.

[00:01:02]I slammed on my horn, slammed on my brakes. He didn't He like stopped in the middle of the road and so I t-boned him >> and like I slammed forward. He backs up.

[00:01:12]>> I sat like and just kind of like pulled myself together and then like another like a white truck like drove around me and then I pulled off to pull off some more safes. We were in the middle of the road and then I stopped here.

[00:01:26]He stops his car, gets out, checks it, and then drives off. And then I got something.

[00:01:36]>> Okay, let me see.

[00:01:39]>> 1042.

[00:01:41]>> Uh, what state is that?

[00:01:42]>> I can't tell.

[00:01:45]Is it a live photo, but I'm really shaky. So you hit him on his driver's side.

[00:01:51]>> Yeah.

[00:01:52]>> So he's >> I see the Go back.

[00:01:57]>> Let's see. What is that?

[00:02:00]>> Keyh, >> but he drove off like into the island.

[00:02:05]So like on the island.

[00:02:06]>> He's on the island.

[00:02:07]>> Yeah.

[00:02:08]>> It's going to be active and valid. 1074 1029.

[00:02:13]>> Driver 2 got a picture of a license plate. I'm not sure what uh state, but it's a white Ford. It looks to be a Ford Edge or something. Why would he drive home?

[00:02:24]>> I don't know.

[00:02:26]>> I can see you.

[00:02:27]>> Like, where is he going?

[00:02:28]>> I don't know.

[00:02:28]>> He or she? White male.

[00:02:30]>> White man.

[00:02:31]>> Okay.

[00:02:31]>> Like 60s.

[00:02:34]>> Um hit and run. Somebody hit um pulled out in front of one of the homes sweet employees. Um and she hit him. He got out, looked at the car, and rolled off.

[00:02:44]Let me look at the picture again. I can't tell what state, but the the letters on there is clear. It is a looks to be a Ford. Is that edge?

[00:02:54]>> Yeah.

[00:02:56]>> Zone. Ford zone. A Ford Edge is white in color.

[00:02:59]>> Take a seat right there for me.

[00:03:01]>> I do. I'm about to run through FST. And you drove here?

[00:03:05]>> Yes, sir.

[00:03:05]>> How long ago? About 5 minutes ago or so.

[00:03:09]>> Cuz it looks like you just went and got coffee creamer and a muffin. They gave me the muffin.

[00:03:14]>> Okay.

[00:03:15]>> Uh 15 minutes. 20 15 minutes.

[00:03:17]>> 15 20 minutes.

[00:03:18]>> Yeah. It's been a It's been longer than 5 minutes. Probably at least 15.

[00:03:23]>> And you're the one who fell inside the store that had EMS come to you.

[00:03:27]>> No.

[00:03:27]>> No. Okay.

[00:03:28]>> I tripped over I've been over at the time of shoe and and tripped over the uh over there at the parking lot.

[00:03:37]>> Okay.

[00:03:37]>> Yeah. Yeah. But >> EMS did come to check you out.

[00:03:39]>> Oh, yeah.

[00:03:40]>> Okay. So, here's So, here's the thing.

[00:03:42]All right. So, you've admitted to already drinking wine. I can smell it on your breath. Okay.

[00:03:47]>> A glass.

[00:03:48]>> You've been involved in a hit and run.

[00:03:50]>> I I didn't know that. I'm sorry.

[00:03:52]>> Okay. Hit and run or accident. Either way, you've been involved in an accident. Okay.

[00:03:56]>> Then you come in here and you fall cuz you tripped over your own >> in the parking lot. Yes. I tripped over the park trying to tie my shoe.

[00:04:04]>> Right. So, with all those circumstances, okay, I believe you are impaired. Okay.

[00:04:10]I would like to run you through field sobriety to make sure you're not impaired and that you are able to drive home safely. Are you willing to run through field sobriety?

[00:04:18]>> What does field sobriety mean?

[00:04:19]>> So, I'm going to do a couple three tests. I'm going to check if you're able to drive. If you're impaired or not impaired, >> sure. Okay.

[00:04:27]>> If you are impaired, you will be arrested for DUI.

[00:04:31]>> If you're not impaired, I'm going to let you drive away and go back home. Okay.

[00:04:34]>> Okay. You believe yourself not to be impaired? You said you only had one glass, right? Yes. Okay. So, just take a seat for me on that push bumper.

[00:04:41]>> Okay.

[00:04:43]>> All right. First thing I'm going to do is I'm going to check your eyeballs.

[00:04:46]Okay. Have you had any recent concussions? Head or neck injuries?

[00:04:51]>> No. Okay.

[00:04:52]>> Well, except when I fell over there, >> right? Did you hit your head?

[00:04:54]>> Yeah.

[00:04:55]>> Okay. Any concussion? No. Any pain? You just fell and that's and you hit your head. Yeah.

[00:05:00]>> But no pain. Yeah.

[00:05:01]>> No bleeding.

[00:05:02]>> Yeah.

[00:05:02]>> Yes. There's bleeding.

[00:05:03]>> No, I'm sorry.

[00:05:04]>> No bleeding. Okay. No bleeding.

[00:05:05]>> No.

[00:05:06]>> No pain?

[00:05:06]>> No. EMS had checked you out and you're good to go.

[00:05:09]>> Yes.

[00:05:09]>> Okay.

[00:05:10]>> All right. So, the first thing I'm gonna do is put your hands by your side.

[00:05:13]>> All right. I'm gonna have you follow the tip of my finger. Can you see the tip of my finger?

[00:05:17]>> Yeah.

[00:05:17]>> Okay. Put your hand down. Put your hand down. All right. Follow the tip of my finger with your eyes and your eyes only. Do you understand?

[00:05:24]>> Got it.

[00:05:25]>> Do not move your head. Okay. Eyeballs only. Do you understand?

[00:05:30]>> Got it.

[00:05:31]>> All right.

[00:05:33]>> Nope. Don't move your head. I'm >> sorry.

[00:05:35]>> Okay. Just use your eyes.

[00:05:44]It's all on my finger. Don't worry about anything else. Okay.

[00:05:46]>> Sure.

[00:05:47]>> Keep your head straight.

[00:05:48]>> I'm sorry.

[00:05:49]>> Just use your eyeballs. Okay.

[00:05:50]>> This.

[00:05:53]>> All right. Getting your posture back.

[00:05:55]Keep your head straight for me. Okay.

[00:05:58]Watch the tip of my finger.

[00:06:08]That the guy you saw?

[00:06:09]>> Yes.

[00:06:10]>> Okay.

[00:06:10]>> 1,000%.

[00:06:12]>> All right.

[00:06:16]So, all I needed, you're free to go if you want. And she just want to stand by.

[00:06:22]>> Thank you.

[00:06:30]>> All right. How old are you?

[00:06:34]77.

[00:06:36]>> 77. All right.

[00:06:38]>> Do you feel like you are capable to walk in a straight line?

[00:06:40]>> Yes.

[00:06:41]>> Heel to toe.

[00:06:42]>> There's no problems with your back or your legs that would keep you from doing that?

[00:06:45]>> Yes, sir.

[00:06:46]>> Okay. Do you think you're capable to stand on one foot and balance?

[00:06:51]>> Well, probably.

[00:06:52]>> I don't want to push your limits. I know. I just want to make sure that you can do them before I run you through it.

[00:06:55]If you feel confident that you can.

[00:06:57]>> I I Well, sure. If that's what you want, I'll try.

[00:07:00]>> Okay. That's what I'm going to have you do. Stand right here where the two lines cross.

[00:07:04]>> Yeah.

[00:07:05]>> Stand right there.

[00:07:08]>> Right here.

[00:07:09]>> Stand right here.

[00:07:10]>> All right.

[00:07:10]>> All right. And face me.

[00:07:12]>> All right.

[00:07:12]>> All right.

[00:07:14]What I'm going to have you do, put your hands by your side. Take your right foot and put it in front of your left like so.

[00:07:21]>> All right.

[00:07:21]>> Heel to toe.

[00:07:22]>> All right.

[00:07:23]>> All right. Put your hands by your side.

[00:07:24]>> Got it?

[00:07:25]>> All right. Don't move. Okay. Until I tell you to do so.

[00:07:27]>> I won't.

[00:07:28]>> All right. When I tell you to, you're going to take nine heel to toe steps.

[00:07:34]Okay? I'm going to show you three, but you're going to do nine. And they're going to want to look like this. Ready?

[00:07:39]One, two, three. You're going to leave that lead foot planted. Series of small steps.

[00:07:46]One, two, three.

[00:07:49]>> Got it.

[00:07:50]>> You're going to do nine.

[00:07:51]>> All right.

[00:07:51]>> All right. Put your hands by your side.

[00:07:54]Go ahead and put that right foot back in front of that left.

[00:07:58]All right. While you do this, look down at that foot. Count your steps out loud.

[00:08:02]Keep your hands by your side. And once you start, don't stop. You understand?

[00:08:06]>> Nine.

[00:08:07]>> Nine.

[00:08:08]>> All right.

[00:08:08]>> All right. Get back on the line.

[00:08:10]>> I'm sorry.

[00:08:10]>> Walk down the line. Nine steps. Heel to toe.

[00:08:15]You can begin.

[00:08:17]>> One, two, three, four, five, six, seven, eight. I I missed that last one.

[00:08:28]>> Okay. Yep. Turn around and you do nine steps of back.

[00:08:35]>> One, two, three, four.

[00:08:49]>> All right. Go ahead and sit back there on that spot right here. Right here.

[00:08:53]>> I'm sorry.

[00:08:54]>> Feet together.

[00:08:55]>> Yes, sir.

[00:08:55]>> All right. When I tell you to look at me, put your hands by your side.

[00:08:59]>> When I tell you to, you're going to pick up one foot of your choice. Left or right, I don't care.

[00:09:04]>> Okay?

[00:09:05]>> You're going to hold that foot 6 in above the ground like so. And you're going to count out loud. 1,0001, 1,002, 1,0003, so on and so forth. I'll tell you to stop.

[00:09:14]>> Okay?

[00:09:15]>> Okay. While you do this, you're going to keep your front.

[00:09:18]>> Nope.

[00:09:19]>> You're going to keep your arms and legs straight. You're going to look down at that foot, and you're going to count out loud for me.

[00:09:24]>> All right.

[00:09:24]>> Okay.

[00:09:25]>> Ready? Do you understand what I'm asking you to do? Yes, sir.

[00:09:27]>> Do you have any questions?

[00:09:28]>> Put your hands by your side again.

[00:09:30]>> All right. When I tell you to Okay.

[00:09:36]All right. You can begin.

[00:09:39]Does it matter?

[00:09:40]>> Doesn't matter.

[00:09:42]One 2 3 4 5 6 7. Sorry.

[00:09:52]>> All right. Let's start over.

[00:09:53]>> Nope. You're good. You're good. I don't want you to lose your balance and fall.

[00:09:57]Okay.

[00:09:58]>> I've already done that once.

[00:09:59]>> Exactly.

[00:10:01]>> Yeah. You >> All right. I got one more thing for you.

[00:10:07]Okay.

[00:10:13]>> You ever blown in a PBT before?

[00:10:15]>> What is this for?

[00:10:16]>> All right. So, this is just going to check the alcohol content to your breath.

[00:10:22]>> Sure.

[00:10:23]>> Okay. All right. You ever blown up a balloon before? Let's walk to the front of my patrol car again.

[00:10:27]>> No, sir. I haven't.

[00:10:27]>> You've never blown up a balloon? No.

[00:10:30]>> All right. Well, come over here to the front of my car. Well, >> not for you.

[00:10:32]>> No. Just like at a birthday party or something.

[00:10:35]>> I've been All right. So, here's what you're going to do.

[00:10:39]>> You're going to put your lips around the straw.

[00:10:41]>> Yeah.

[00:10:41]>> And you're going to blow like you're blowing up a balloon. Steady. Okay. Not hard, but a steady. Good blow. All right. Well, >> I got it.

[00:10:48]>> Are you ready? Take a deep breath in. Go ahead.

[00:10:55]Blow, blow, blow, blow, blow, blow, blow, blow, blow. All right.

[00:11:00][snorts] All right. So, the legal limit in the state of Georgia is 08. Okay.

[00:11:14]>> Yeah.

[00:11:15]>> What does that say?

[00:11:17]>> Uh 14.14.

[00:11:20]Okay.

[00:11:21]>> I'm over the leg. So, you're over the legal limit. All right.

[00:11:23]>> All right.

[00:11:23]>> Turn around and put your hands behind your back.

[00:11:26]>> All right.

[00:11:26]>> You're going to jail today for DUI.

[00:11:28]>> Oh, come on.

[00:11:28]>> Yes, sir.

[00:11:29]>> Turn around.

[00:11:29]>> Turn around for >> turn around.

[00:11:31]>> Turn around.

[00:11:32]>> All right, sir.

[00:11:33]>> All the way around.

[00:11:36]>> Do you have somebody with you on the island that we can call?

[00:11:38]>> My wife.

[00:11:39]>> All right. Do you have a phone with you?

[00:11:42]>> Uh, yeah.

[00:11:43]>> All right.

[00:11:51]All right, let's go take a seat here in my car. I've got something to read you and then we'll sort everything out.

[00:11:55]Okay.

[00:11:56]>> My car right here.

[00:11:57]>> We'll sort that out.

[00:11:58]>> What you got in your pocket?

[00:12:00]>> Uh, headphones, glasses, baby.

[00:12:05]>> Going to empty everything from your pockets. All right.

[00:12:09]And these are all your cards.

[00:12:15]All right. Make sure we got all of them.

[00:12:17]All right.

[00:12:17]>> All right. Come on. Let's go take a seat.

[00:12:22]>> Yeah.

[00:12:26]>> Go ahead and have a seat for me. I got something I need to read you and then we'll discuss everything else. Okay.

[00:12:34]>> Let me read this to you and I'll sort it around to the front for you. Okay. Need you to listen. At the end of this, it's going to ask you a question. I need a yes or no answer. Okay.

[00:12:51]Will you submit to the state administered chemical tests of your blood? No.

[00:12:57]>> Can you take these off?

[00:12:58]>> I cannot take them off. You don't get to ride without them.

[00:13:02]>> Okay. Where are we going?

[00:13:04]>> We're going to go to jail.

[00:13:06]>> Am I going to jail?

[00:13:07]>> You are going to jail. Why?

[00:13:08]>> You are driving under the influence of alcohol.

[00:13:12]>> Crap. All right. So, what I need to do?

[00:13:15]>> Well, we'll call your wife and let her know where we're taking you.

[00:13:18]>> Devastated. I got to pee somewhere.

[00:13:20]>> All right. Give me your hands.

[00:13:26]>> Yikes. She'll kill me.

[00:13:28]>> Well, I don't think she's going to kill you, but she'll definitely want to know where you are.

[00:13:32]>> Where are you taking me?

[00:13:33]>> To the Glen County Jail. It's about >> You're kidding. No, sir. Will I be put in jail?

[00:13:37]>> You will be put in jail. for >> uh most likely tomorrow at the earliest.

[00:13:44]All right, go ahead and have a seat.

[00:13:53]>> All right, I'll be right back. Okay.

[00:14:02]All right, Mr. Jagger.

[00:14:16]>> What's the code to your phone?

[00:14:18]>> 91 32.

[00:14:21][snorts] >> All right, let's see.

[00:14:26]Let's find the phone.

[00:14:29]You have to stay tonight at jail.

[00:14:32]>> Tonight? Yeah. You most likely will spend the whole night >> when I get out. I don't know how to get out of here >> tomorrow.

[00:14:39]>> Oh crap.

[00:14:43]>> Is it Melinda?

[00:14:45]>> Yes. Can I postpone and get out tonight?

[00:14:48]I need to go hand.

[00:14:50]>> You cannot post bond tonight. I don't believe so. I don't I I think the judge is gone for the day. You have to wait till tomorrow. Hello.

[00:14:59]>> Is this Melinda?

[00:15:01]>> Yes.

[00:15:01]>> Hey, Miss Melinda. This is Trooper York with the Georgia State Patrol. How are you?

[00:15:06]>> I'm okay.

[00:15:08]>> Miss Melinda, I hate to inform you, but I have your husband, Kenneth, here.

[00:15:13]Um, he's under arrest for driving under the influence of alcohol.

[00:15:20]>> Okay.

[00:15:21]>> So, he drove up here to the Juckle Market. Looks like he came to get some coffee creamer. Um, in the process of getting here, he was involved in a hit and run and he fell at the market, just tripped over the curb. EMS checked him out. He's good to go. Um, but I'm going to be taking him to the Glen County Jail for driving under the influence.

[00:15:48]>> Um, what am I supposed to do?

[00:15:51]>> Are you capable of driving at all?

[00:15:54]>> No.

[00:15:55]Okay. Do you have >> do you have any children in the area?

[00:16:00]>> No.

[00:16:01]>> I can see a marketplace to leave it here.

[00:16:04]>> Well, fine that. But he's going to come.

[00:16:06]She's not in his life.

[00:16:07]>> I guess whenever he get out.

[00:16:09]>> So, somebody got to get him.

[00:16:11]>> Yeah. Somebody got >> Okay. Well, he's going to go to jail today. All right. You'll be able to bond out tomorrow.

[00:16:20]Um, if you want to make some phone calls to any children you have that can come pick him up.

[00:16:27]>> Hello. Manager here.

[00:16:30]>> Manager.

[00:16:31]>> All right.

[00:16:32]>> Or best manager.

[00:16:35]>> The guy I don't know if he came in here.

[00:16:36]The white guy there.

[00:16:37]>> Yeah.

[00:16:38]>> He's going to jail for um DUI hit and run and all that. Um his spouse now the other couple is not able to come and get it. He's going to jail. Do you mind if we leave his car in the parking lot now?

[00:16:50]>> I do not mind.

[00:16:51]>> Okay.

[00:16:52]>> She is going to come get it.

[00:16:54]>> Well, she can't drive. I guess whoever come gets him whenever he bonds out, he can come back and get it. I'm going to probably just back it up somewhere.

[00:17:01]>> Already knows then.

[00:17:02]>> Yeah, the um other troopers talking to her right now. I'll probably just back it up out the way. But I just want to let y'all if y'all don't mind. Okay.

[00:17:10]>> Not a problem. You can leave it as is unless it's >> Yeah. The way he he's parked closed and over the line. So, I'mma I'mma move it.

[00:17:18]>> Okay.

[00:17:19]>> So, it's properly parked. Yes, sir.

[00:17:21]>> Okay.

[00:17:21]>> I appreciate it.

[00:17:22]>> Thank you.

[00:17:25]>> Now, if it's sitting here for a couple days, just let us know and we'll just tow it out and get it out of the way.

[00:17:29]>> All right.

[00:17:30]>> Okay.

[00:17:30]>> But hopefully he's >> a white.

[00:17:32]>> It's a white Ford Edge.

[00:17:34]>> Ford edge.

[00:17:34]>> Mhm.

[00:17:35]>> Um with Tennessee tag.

[00:17:37]>> Yeah.

[00:17:40]>> All right, Miss Melinda. Sorry this happened to y'all. I'll talk to you tomorrow. Okay.

[00:17:45]Thank you, Treer. I appreciate it.

[00:17:48]>> No problem. Bye-bye.

[00:17:49]>> So, where are we going now? To jail.

[00:17:52]>> We're going to go to jail. Yes. I've got some paperwork to fill out. Leave >> on me.

[00:17:57]>> You do have to leave the cuffs on you.

[00:17:59]>> All right.

[00:17:59]>> What you doing drinking so much and driving?

[00:18:02]>> Well, I didn't think I was really. I had a I had a glass over uh this afternoon.

[00:18:07]I I had a glass for lunch and then a glass this afternoon. That's all I had.

[00:18:11]>> Okay.

[00:18:13]I mean two. So I get my wallet back, my all the stuff in my wallet back tomorrow.

[00:18:19]>> Yes. I'll turn it into the jail so you have a way to pay your bond.

[00:18:22]>> Oh >> n3 jour.

[00:18:32]>> The 78y old >> OCGA section 463981 makes it unlawful to drive with a back of 0.08 or more in Georgia. The preliminary brief test at entry 274 earned 0.1 more, 75% above the statutory threshold. The subject's own explanation, a glass for lunch and a glass this afternoon at entries 427 through 429 is directly contradicted by the objective PBT reading. In Georgia, PBT results admissible as evidence and provide independent probable cause for arrest. The naturisa standardized three test battery consists of horizontal gaze nestagmas walk and turn and one leg stand. All three air recognized by Georgia courts as scientifically valid impairment indicators. The subject's age 78 requires careful interpretation of the physical tests. Walk and turn in one leg stand elderly subjects must be separated from age related balance limitations. The HGN test which does not depend on physical balance or coordination provides the mostage neutral impairment data in the battery.

[00:19:43]OCGA section 46270 requires a driver involved in an accident causing property damage to immediately stop remain at the scene and provide contact and insurance information. Thieves objects statement at entry 95. I didn't know that does not constitute a statutory defense.

[00:20:03]Awareness of the legal obligation to remain is not an element the prosecution must prove. The driver must stay at the scene regardless of whether he knows it is legally required. At entries 307 through 308, the subject refused the state administered blood test. OCGA section 4567.1 Georgia's implied consent law provides that by operating a vehicle in Georgia a drive viral consents to chemical testing upon lawful DUI arrest a first refusal results in a one-year license suspension under South Dakota versus Neville 459 US53.

[00:20:42]Their refusal is admissible as evidence against the driver in criminal proceedings with or without a test result. the subject entered a nocontest plea on the DUI charge. In Georgia, a nocontest plea does not constitute an admission of guilt, but the court treats it identically to a guill plea for sentencing purposes. The critical distinction is civil. A no contest plea cannot be used as an admission in any subsequent civil suit brought by the accident victim. For a public official with political and civil exposure, that protection is often the factor in plea selection. The hitand-run charge and the stop sign violation were both dismissed.

[00:21:23]Consistent with standard Georgia plea practice. When a defendant accepts a plea on the primary charge, prosecutors typically dismiss collateral charges as part of the negotiated resolution. The hit and run carried on substantial exposure under OCGA section 46270 potentially aphalone if property damage met the threshold. Its dismissal represents a significant benefit of the plea agreement beyond the DWI sentence itself. Trooper York receives an A methodical DUI assessment, age appropriate FST modifications at entries 172 through 185, correct implied consent warning, and compassionate wife notification throughout entries 347 through 419. The subject receives a C 0 hit and run blood test refusal. C reflects complete cooperation, honest admissions, gracious acceptance of arrest, and a no contest plea demonstrating acceptance of legal responsibility. Five takeaways. First, a PBT result of one when Georgia provides independent probable cause regardless of FST performance. Second, HGN is the most agene neutral FST for elderly subjects.

[00:22:39]It requires no physical balance. Third, I didn't know is not a defense to Georgia's hitand-run statute. Fourth, implied consent refusal triggers a one-year license suspension and is admissible as evidence. Fifth, no contest provides civil protection. A guilty plea does not. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for even more police interaction and courtroom content.