A driver with a corneal transplant can legally refuse the Horizontal Gaze Nystagmus (HGN) test due to medical reasons, but this narrow exemption does not extend to other field sobriety exercises like the Walk and Turn or One Leg Stand tests, which do not require eye stimulus; blanket refusal of all field sobriety exercises constitutes a separate criminal charge under Florida law, even when the driver has a valid medical objection to specific tests.
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She Was Driving 78 in a 45 - What Happened Next Was Entirely Her Choice #bodycamAjouté :
Now I'm going to ask you to do focus Friday exercises.
>> Okay. I I can't do whatever you're going to pull out with your class. I can't do that with my eye. I can't.
>> What up?
>> I just had a corneal transplant. Like what do you not understand?
>> So are you refusing to There's more than just the eye.
>> No, there's not. You cannot do that.
>> You can just go to jail.
>> No, no, no. I'M NOT GOING TO JAIL. STOP.
I'M NOT GOING TO JAIL.
On February 16th, 2025, a Lake City officer in Columbia County, Florida, stopped a driver doing 78 in a 45 zone.
The stop produced two charges and one critical evidentiary gap.
>> How's it going?
>> Good.
>> Great. My name's Officer. Is there a reason you're driving way over the posted speed limit?
>> I honestly have no idea where I'm at.
>> So, you're drunk?
>> No, no, no, I'm not. I don't know. I'm I live in Tampa.
>> Okay. So, the speed limit back there is 45. I was doing 80 and I wasn't even catching up to you. You were gone.
>> Oh, really?
>> Yes. So, right now, I'm going to ask you to step out of the vehicle.
>> Do you have a driver's license, registration, and proof of insurance?
>> Yes, I do.
>> And you clearly smell of alcohol.
Driver's license.
registration proof insurance.
Thought we had a 1031 going on. Calked your 50. I flipped around and all of a sudden she bolted.
>> Yeah. I've asked you for your registration proof insurance.
>> How did How did I bolt? Cuz when I turned around, you weren't doing You were doing 50 mph when I turned around and then you were gone. Straight up just gone.
>> Well, I honestly I don't live here. I live in Tampa, so I don't know where my >> And you're still in your speech. You smell of alcohol. Step out of the vehicle.
>> Ma'am, I'm not going to ask you again.
You're going to step out of the vehicle or I'm going to take you out of this vehicle. Walk back to the car.
What's going on?
>> What are you guys doing? You guys are driving way over speed limit.
>> I'm not driving.
>> I know you're not. What's that in your hand?
>> They're bottles of lotion. I guess I got out here.
>> I've asked for the registration for insurance like three times.
>> Okay.
So, where are you guys heading to?
>> I'm headed to my parents house in off the alligator Lake.
>> Where y'all coming from?
>> Alligator Lake is way over there.
>> I know, but I I just had cardio transplant in my eye, so it's really hard for me to see through this line.
So, like >> So, that doesn't If you can't drive at night, you shouldn't be driving at night. I'm happy to send a letter to the DMV to take away your license.
>> If you can't drive at night, you should not be driving.
>> I know, but I I can't I can't help my situation.
>> So, you smell of alcohol. Straight up.
Just going to be blunt.
>> I was at a bar with >> Well, I can tell.
>> Yeah, >> I can absolutely tell.
>> I initially thought you was 50 mph.
>> And when I turned around, you were gone.
>> I had no idea. My car is recording and I was doing 80 mph trying to catch.
>> I'm sorry because I have no idea.
>> So, it doesn't matter at this point. So, now I'm going to ask you to do yourself exercises.
>> The stop and exit order are constitutionally settled. Delaware vice and Pennsylvania vims respectively. Five documented impairment indicators establish probable cause of DUI under Florida statute section 316.193.
Under Burkimer v. Bicardi 1984. Every roadside admission, including the driver's acknowledgement of being at a bar, is fully admissible without Miranda warnings. The driver's corial transplant objection is valid, but only for the horizontal gaze nissimus test. One of three NHS validated exercises. Walk and turn and one leg stand require no eye stimulus. Extending a narrow medical exemption to the full battery does not constitute a lawful refusal. And under Florida law, that refusal is itself admissible as evidence of impairment.
>> Okay. I I can't do whatever you're going to pull out with your glass. I can't do that with my eye. I can't.
>> What up?
>> I just had a corneal transplant. Like, what do you not understand?
>> So, are you refusing to There's more than just the eye.
>> No, there's not. You cannot do that.
>> You can just go to jail.
>> No, no, no. I'm not GOING TO JAIL. STOP.
STOP. I'M NOT GOING TO JAIL. STOP. STOP.
STOP.
>> STOP. Are you stop?
I won't do it.
>> The time's back.
>> My eyes.
>> And I said there's more exercises than your eyes and you said no. Clearly.
>> No, I won't.
>> Don't move your arms.
>> I won't do it. I will do whatever you want.
>> Just calm down.
>> Just relax for a second. Relax.
Right now, you're in this position because you want to be.
>> No, I don't. I was I I won't cooperate.
I'm just saying I can't do anything with my eyes.
>> And I said there's more.
>> And I said there's more exercises.
>> Okay. And I will do them.
>> But you just told me no.
>> No, I said I will do them.
>> You just told me no.
>> No, I said I can't. No, I cannot DO ANYTHING WITH FLASHLIGHT. I SAID >> STOP.
>> Tell me your situation.
>> What's my situation?
>> Because she's resisting.
>> I'M NOT RESISTING. I'M NOT RESISTING. I SAID I CANNOT DO ANYTHING WITH MY EYES IN A FLASHLIGHT.
>> I JUST HAD A GORDIUM TRANSPLANT. LIKE, ARE YOU OUT OF YOUR MIND?
>> And ma'am, you said that and I said, "Okay."
NO. AND I SAID I WOULD I WOULD SAY I WOULD DO EVERYTHING. I WOULD I WOULD DO EVERYTHING.
>> I SAID I WOULD DO IT AND NOW YOU SLAM into my car.
>> Well, we tried to put you in handcuffs OUT HERE.
>> WHY?
>> You didn't. BECAUSE YOU SAID NO.
>> NO. I SAID I WILL DO everything I will, but I cannot do anything with flashlights TO MY EYEBALLS.
>> AND I SAID THERE'S MORE EXERCISES.
>> OKAY. AND I SAID I WOULD DO IT. AND NOW NO, NO, NO. I said I WOULD DO IT AND now you're having me out.
>> No, please.
>> No, you need to calm down.
>> So bizarre.
>> So just look at me, man.
I mean, I don't do anything. Like, why?
>> So, calm down and take a deep breath.
All right.
>> Okay. But like, I'm just telling you, I can't do anything with flashlight.
You explained that to me and I said, "Okay."
>> And I said, "I would do that."
>> Hold on. I said there's more exercise.
>> And I said, "I would do that."
>> No. You said no.
>> No. I said I would do that. I said no.
>> No. I said no to flashlights to my eyeballs because it it is going to hurt my eyeballs. Okay. And I understand that >> deterioration.
>> So, at this time, I'm requesting a voluntary breast sample.
It's 100% up to you, man. I'm talking to you. If you don't want to talk to me, you're just going to go to jail, get charged with the DUI refusal. If you don't want to talk, >> are you going to talk?
>> You already read the reply? No, not yet.
>> Yeah. No, dude. I haven't done so.
>> So, I'm trying to ask me anything against my car.
>> I just asked you, >> are you going to do any damage to my car?
>> I just asked you, will you give a voluntary breath sample?
>> It's yes or no.
It's 100% up to you.
Why? When you guys are just being straight.
>> I didn't come here to take you to jail.
That's not >> Yeah, pretty much. You did.
>> That's not at all why I came.
>> All I want to do is go back to my house.
That is not even >> Can I explain it to you?
>> What?
>> Please don't explain to me. You doing 80 something?
>> I have no idea.
>> I'm not from around here.
>> You doing 80 something?
Okay. So that's the first. Okay. You are still yours. Your your eyes are bloodshot.
>> How do you know my eyes are bloodshot? I have I have one contact in my eye and one contact not in my eye.
>> Are you going to finish?
>> No, you cannot say that my eyes are bloodshot because >> let me read a reply and say quick.
>> So listen to >> you got to look at me.
>> Ma'am. No, >> I'm good.
whatever.
>> No. So, you're going to look at me while I do this?
>> No.
>> Absolutely. Or you'll have a resisting charge on top of a DUI.
>> Okay.
>> You want to keep tracking?
>> Go on, baby. Over here. Go on.
>> Whatever you feel is needed.
>> I'm now requesting that you submit to a lawful test of your breath or breath for the purpose of determining its alcohol content and or the presence of chemical or controlled substances. I'm requesting you submit to a test of breath. Will you take this test?
>> Yes or no?
>> No.
>> Okay. If you refuse to take the test I've requested of you, your driving privilege will be suspended for a period of 1 year for a first refusal or 18 months if your driving privilege has been previously suspended for refusing to submit to a lawful test your breath, urine, or blood. Additionally, if you refuse to take the test I requested of you and if your driving privilege has been previously suspended for refusal to submit to a lawful test your breath, urine or blood, you will be committing >> admission in addition to another penalties which can be imposed.
>> Do you understand what I've just read to you?
>> Yes, I do.
>> Do you still refuse to submit to the test?
>> Can you undo this and I'll do a buff?
>> Do you still refuse to submit to the test? Yes or no? No, I'll do one. But will you >> The breathalyzer is at the jail?
>> At the jail?
>> Yes, we don't have breathalyzers in our car.
>> Can you just please let me go home?
>> No, you're drunk. You're I'm not letting you drive drunk.
>> So, I'll take an >> You said you're going to Alligator Lake, which is real. You're in Lake City. We don't have Uber RV ever.
>> No, you do.
>> I I guarantee you you do.
>> What?
>> Do you guys mind transporting? I'm telling you to stay right here.
>> Do you guys mind transporting? I got the kilos.
>> Yeah, that's fine.
>> What's his name?
>> I'll talk to you.
>> Okay.
>> Let's walk over here real quick.
>> This [ __ ] hurts.
>> Hey, stop pulling in. No, you did that.
YOU DID THAT. That was all you.
>> You're just really drunk.
>> I'm not drunk.
>> Non-compliance during handcuffing triggered Florida statute section 84322.
Resisting without violence. The statute requires no physical aggression. Active non-compliance with lawful restraint is sufficient. Under grant B Connor, all three force factors favor the officer.
Florida's implied consent law, section 316.1932, deems every driver to have consented one to chemical testing by accepting the driving privilege. The officer read the advisement correctly. However, when the driver offered to comply after initially refusing, the officer's reply, "Nope."
Okay. Before pivoting to refusal consequences is a viable suppression argument. Defense will contend consent was given and overridden. Officer B, stop exit order SFST request and advisement were legally sound. Deductive ambiguous implied consent exchange and the absence of a verbal warning before handcuffing. Subject D plus a valid narrow objection broadened into blanket refusal generated a second charge that was entirely avoidable. Department B sound enforcement process. One precision gap in the implied consent sequence.
Three takeaways. Know the scope of your objection. A targeted medical exemption is a legal defense. A blanket refusal is a criminal charge. Precision at the implied consent question is evidentiary infrastructure, not formality. And compliance is not agreement.
Non-compliance only adds exposure. 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.
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