Probate Court
XXXX County, Georgia
Judge: Ok, who all do we have involved?
Trooper 2: I’m sort of a witness, I guess. I’as out there sir.
Judge: So Trooper 2. Witnesses, you’re presenting the case for the state and Trooper 2 is your witness.
Judge: And Ms. xxx
Ms. : Yes Sir.
Judge : On November the 15, 2008 you were charged with speeding and driving under the influence. And today you have who all, are all of these witnesses or.
Ms.: This is my world. This is my world here.
Daughter: I’m just here for support.
Ms.: I have Passenger and Witness, and myself.
Judge: Did you say Passenger?
Ms.: Yes Sir.
Judge: Passenger and Witness. And are you a witness as well?
Daughter: No, I’m just here for support.
Judge: Now what we’re going to do today, I’m going to allow each of you to present opening remarks and Mr. Trooper 1 will be allowed to present information first and opening remarks, evidence and anything you’d like to present upfront, and then after that point in time Trooper 1 would be allowed to call witnesses and offer testimony of those witnesses and you would be offered the same. You would be offered opportunity to cross those witnesses and then he can redirect. We will handle that accordingly as we go down the line. The first thing I want to do is anybody, that being because I may ask questions myself, I want to with anybody who might offer testimony to be sworn in and that being each of you as well as your witnesses. So before we move forward as a precursor to everything we’re gonna do here is everything to be done under oath. So I’ll ask all of you involved to rise and raise your right hand. Do each of you swear or affirm the testimony you may give today in this court be the truth the whole truth and nothing but the truth so help you God?
Trooper 1: Yes
Passenger: Yes
Witness: Yes
Trooper 2: I will
Judge: Thank you very much.
Judge: Ok, be seated, is there anything preliminarily that we need to discuss or any questions before we begin? Do you have a question before we begin?
Ms.: Can I reserve my opening until after he’s presented his?
Judge: Well that’s
Ms.: I mean after he’s presented his whole case?
Judge: Well, that’s kinda how it’ll work anyway. It may not be his whole case, it’ll be the whole case whenever it’s finished. We don’t know how that will all come out but I won’t ask him to present his entire case in his opening, I won’t put him under that kind of pressure. I’ll allow him the right to go as long as he needs to. Trooper 1.
Trooper 1: On November the 15th 2008 at approximately 0047 hour, that would be 12:47 after midnight. I was on 41 north in the area of Mauldin Road, traveling south bound. I observed a vehicle traveling north that appeared to be speeding at a higher rate of speed than the posted speed of 45 I activated the front antenna of my radar unit and checked the speed on the vehicle at 63 miles per hour at that time I turned around and got behind the vehicle and followed it for a ways up to the first motel on the left just before you get to the interstate. The vehicle turned the left blinker on, moved into the middle turning lane and proceeded into the parking lot of that motel there. That’s when I activated my blue lights and wig wags on the patrol car. Got out and the subject met me outside of the patrol vehicle. At which I recognize the same defendant today to be Ms. Ms.. I asked her what her hurry was and she stated she wasn’t speeding she was going 45 miles an hour. Also there was a male passenger in the truck at the time she walked back to me and about half way back to the vehicle she was holding her license in her hand and some kind of a credit card type or bank card of some sort and she was holding them out to the side. I was facing her this way and um I don’t know why she was holding them way out here. And um I ask her for her license and she gave me a Georgia Drivers License with Denise Williams Ms. and it showed a date of birth of 7-19-1963. Once we started talking I looked at her eyes and I saw they was bloodshot and watery which is consistent with someone who is under the influence and then we began to talk and I noted an odor of alcohol coming from her person and believed to be her breath. And I asked her how much she’d had to drink and she said two or three of Absolut Vodka. And then began to say some type of riddle pertaining to sheets and so forth. Which I didn’t understand what she was doin. (7:50)
Judge: Say that again.
Trooper 1: She was saying some type of riddle as if it were some type of test I’d asked her to do. Pertaining to sheets, it was just confused to me as to what she was actually doing, cause I hadn’t asked her to do anything at that point. I asked her then if she would take some, volunteer for some field sobriety test and she said she would. She said also that she was not very good with her balance. As we started the tests I asked her what year her truck was before we started the tests and she said a 96 model, and then she wanted to know if I had a problem with her truck and if it wasn’t good enough for me. I just what year model, not anything else about the truck. Then also the vehicle had a headliner or a bed liner, one of the two that was torn and she wanted to know if it needed to be fixed. However, we went on with the test, uh then the horizontal gaze and nastigum test and there were six clues on that test. The other two tests were refused. I had to ask her the same questions over and over again and then she finally refused the other two tests because of her balance. I asked her to blow into the hand held alco-sensor and the results were positive for alcohol. At that point I placed her under arrest for DUI and placed her in the rear of my patrol car. I then read her the implied consent notice, GPS orange card and uh, for suspects who are 21 and over. At that point she began to argue that she had already taken the tests, however the test I was referring to was at the sheriffs office. (????) I tried to explain that to her and uh, actually she wouldn’t have that as an answer. Therefore, I took that as a refusal and went on to the sheriffs office. I set the test up on the Intox 5000 I then offered her another opportunity to take the test, she did comply with the request at that time. The test was taken at, first sample was taken at 01:52 at .165 grams, the second sample was taken at 01:56 .155 grams. I then issued citations for DUI and speeding and also the ALS form, and she refused to sign the ALS form. However I did read her the ALS form twice, all of the contents of the form and she still refused to sign the form. I then left her forms with the booking office to be given to her upon her release from the sheriff’s office. And since that point we’ve attended the ALS hearing in Cartersville and now we’re here today. She was very talkative, uh seemed confused at some points on how much she’d had to drink and where she drank it at. At some point especially after I’d placed her under arrest she became very argumentative and profanity. I think that’s all I have at this point.
Judge: Ok, Ms. Ms.
Ms.: Can I reserve my opening until all of the evidence has been presented in his case?
Judge: That would be your opening. Right there. If that’s what you, I mean you can reserve it to your closing remarks, I guess if you are looking at it in that sense. You don’t have to offer opening remarks. We could call witnesses, uh, you don’t have to utilize your opening remarks, your opening statements ok? Do you have witnesses you want to call?
Trooper 1: Trooper 2
Judge: Just have a seat and just remind you that you are under oath.
Trooper 1: Trooper 2 just tell us uh what you saw that night when you got on the seen with me and Ms..
Trooper 2: Trooper 1 called me down there to assist him with his traffic stop and when I got there Ms. was standing in front of his patrol car and there was a male passenger still seated inside the, I thank it was a small pickup is what it was. Um and I do recall a rhyme or riddle about some bed sheets, I can’t state verbatim, word for word. Um it was kinda off the wall. Um seemed to be confused, it didn’t make no sense to me, um Trooper 1 asked me to stay back with her while he talked to the passenger or whatever. Um that’s when she made the comment about the bed sheets. Um, I mean, and then I know the passenger was also intoxicated. The passenger was and he kept tryin to get out of the vehicle. Um, I thank one time he stated to me that he was too impaired to drive he wanted us to let him go to the hotel room, it was right there at the hotel. He said why don’t we just leave’em alone. Um, but I did notice Ms. did have an odor of alcoholic beverage, her eyes were bloodshot and her speech was slurred. And I observer Trooper 1 perform the field sobriety HGN and after that he placed her under arrest and put her in the back of the patrol car.
Trooper 1: Now you’ve made several, more than one probably less than a thousand (????) in you opinion, not being your case but in your basic observation Ms. did she seem impaired to you?
Trooper 2: Yes Sir, she did.
Trooper 1: How so?
Trooper 2: Um, slurred speech, um being confused that was a comment she made, being very confused. Um her balance wasn’t, she had a hard time staying on her feet. One of the thangs that really stuck out was when Trooper 1 was placing her under arrest was he went to pat her down, her comment was you get to feel me up. I remember that sticking out and that really struck me the wrong way. Um, that is something that someone doesn’t usually say on a traffic stop. If she was impaired was why she made that comment or what? I do remember that comment.
Ms.: May I cross?
Judge: You certainly may.
Ms.: Thank you.
Ms.: You showed up on the scene about the time he started questioning me about driving under the influence, is that correct?
Trooper 2: I don’t know exactly how long he’d had you stopped, I don’t know how long he’d talked to you already, but you were out of the vehicle in front of his patrol car and the passenger was still in the truck.
Ms.: Right, did you test the passenger to see if he’d been drinking?
Trooper 2: Did I test him?
Ms.: Yes sir.
Trooper 2: I had no reason to test him.
Ms.: Ok, did at any point did you make a comment to the passenger that she doesn’t appear intoxicated to me?
Trooper 2: No Mam.
Ms.: You never made that comment?
Trooper 2: No Mamm.
Ms.: Ok, the passenger never showed you a receipt where that hotel room had been gotten earlier in the afternoon? And that we were at our destination?
Trooper 2: I don’t know if he showed a receipt, he may have. He may have (???) a hotel room.
Ms.: You ain’t never seen that before?
Trooper 2: I don’t remember seeing this before, no mam.
Ms.: You don’t remember seeing that we got the room at 4:45, um 4:30 that afternoon.
Trooper 2: No, I don’t remember seeing that.
Ms.: You don’t remember saying she don’t appear intoxicated to me, let me see if he’ll let ya’ll go to the room?
Trooper 2: No mam, I did not say that.
Ms.: Ok, when he preformed the field sobriety test, when he made that request for that test, he requested those, what was my response when he first requested those?
Trooper 2: I don’t know mam, we can play the video tape.
Ms.: I wish we would. Can we?
Judge: Sure, do we have it? Ok.
Ms.: I believe at that point I refused those test. I refused any field sobriety tests.
Trooper 2: I don’t know.
Ms.: You don’t know. I was confused, but you don’t know.
Trooper 2: We can play the video tape.
Judge: Do you have it with you? Do you have anymore questions for Trooper Trooper 2?
Ms.: No, sir.
Judge: Well, to highlight the questions and evidence presented, do you have the video tape? Is it…?
Trooper 1: I’ve got the video tape, however this is the deal.
Ms.: I knew it, I knew it.
Trooper 2: I’ve got the same kinda ??? now sir.
Trooper 1: The audio is there, there’s no video
Judge : The audio is there and there’s no video
Trooper 1: The audio is recorded there is no video, Trooper 2 has now got that car (???) it is audio on there.
Ms.: This is wrong
Judge: Have a seat. Just have a seat. Have a seat. You’ve got that with you?
Trooper 1: Yes
Judge: Well we can um, as far as, I mean we’re under oath. Obviously we can attest to anything that’s verbally put out there
Trooper 1: It’s not
Judge: Audio is certainly evidential. We can certainly use that.
Ms.: I want to say that I wasn’t swaying. I wasn’t staggering, and the problem I had with my balance is a problem that I have known about since childhood and go after that handicap that they’ve been aware of since childhood and use that against them
Judge: Do you have anymore questions for um?
Ms.: For this officer or…
Judge: I’m asking do you have anymore questions for him?
Ms.: For this officer right here, no sir.
Judge: Ok, unless you’d like to redirect? Is there anyone else you’d like to call?
Trooper 1: Not at this time, no sir.
Judge: Ok, you may call your first witness.
Ms.: Officer Trooper 1, I’d like to call.
Judge: Ok,
Ms.: Ok, earlier you stated that I exited the vehicle and you stated that you asked me for my license?
Trooper 1: (Long Pause) Yes.
Ms.: You testify that I asked you why you stopped me?
Trooper 1: Yes, that is correct.
Ms.: And at this point you claim, allege, I said I was only going 45 mph, why did you stop me? Is that correct?
Trooper 1: Say that one more time again.
Ms.: Earlier you testified that when I handed you my license that I asked you why did you stop me because I was only driving 45, is that correct?
Trooper 1: That’s correct.
Ms.: So, would that be reasonable to infer a consciousness of guilt?
Trooper 1: I told you why I stopped you, I checked you at 63 in a 45.
Ms.: You told me that?
Judge: I don’t understand, I don’t understand your questioning. I mean, what do you mean? I don’t understand what your trying to ask.
Ms.: Well, you know when somebody has got a guilty conscious, I was only doing this, why did you do that? It implies a guilty conscious.
Judge: I’m sorry, I don’t know where you’re going with that and I don’t know what that has to do with what we’re trying to figure out. Who has a guilty conscious? And what direction are you going with that?
Ms.: Well, it would sound like I had a guilty conscious by getting out saying well I was only going 45 why did you stop me. I never said anything. He never said anything about speed. Well, he mentioned speed once.
Judge: Well, I mean, he wrote you a speeding violation as well. I mean that’s
Ms.: I wouldn’t know, I wouldn’t know, I never received one.
Judge: Ok
Ms.: The only that I received was a list of my personal property from the jail. That’s it.
Judge: Ok
Ms.: I’m not real clear of the charges here today.
Judge: I asked you that and this is the second time that you’ve been here. That’s neither here nor there at this point in time. Do you have anymore questions for…
Ms.: Yes
Judge: OK
Ms.: So, that’s going to be on your audio tape now, since we don’t have any video, is that right?
Trooper 1: Should
Ms.: Ok, so back up the road you said you were at, no I’m sorry, you were in the area of Mauldin Road and the vehicle was at Mauldin Road, is that right?
Trooper 1: In the area of Mauldin Road, yes.
Ms.: So ya’ll, the vehicle was in the area of Mauldin Road and you were in the, where were you, where were you on?
Trooper 1: I was traveling on 41 South and the vehicle I checked traveling 41 North passing Mauldin Road.
Ms.: Ok, so was the vehicle at Mauldin Road?
Trooper 1: Do you want me to pinpoint location, is that what you’re asking?
Ms.: Yes
Trooper 1: That’s the nearest cross road, Mauldin Road, in the area of Mauldin Road.
Ms.: What was the distance between your patrol vehicle and the target vehicle?
Trooper 1: Don’t know. My radar doesn’t give distance, only laser.
Ms.: You can’t, you can’t remember? You’re testifying against me and you can’t remember?
Trooper 1: I don’t have anything in my car ??? distance between my vehicle and another.
Ms.: Ok, you stated that you followed the vehicle for and observation period, That’s part of your training, right?
Trooper 1: I followed the vehicle, yes.
Ms.: And you testified earlier that you followed the vehicle for a minute or two, is that correct?
Trooper 1: I followed the vehicle from Mauldin Road to almost the interstate. Once I turner around on the vehicle.
Ms.: How long did it take you to turn around?
Trooper 1: Just a few seconds, to get turned around, once I checked the vehicle.
Ms.: A few seconds, 15, 15 seconds?
Trooper 1: I don’t know, ??? how long it took me to get turned around. That’s not nothing I’d be, something I would need, my turn around time.
Ms.: Hum, did you ever lose sight of the vehicle?
Trooper 1: No.
Ms.: That’s a good sized bend in the road there at Battlefield Supply, isn’t there?
Trooper 1: A curve that curves to the right, right there, yes.
Ms.: And you saw, you had already turned around of the vehicle and stayed with it? And then you followed for a minute or two? Alright, you didn’t lose sight of the vehicle. Where did you make a u-turn, was there a landmark of some sort there?
Trooper 1: There in the area of Mauldin Road.
Ms.: So you were at Mauldin Road?
Trooper 1: I was traveling south on 41 approaching Mauldin Road.
Ms.: What was that a half mile away from Mauldin Road that you were, was that a quarter mile away from Mauldin Road that you were?
Trooper 1: Probably less than a quarter of a mile.
Ms.: Less than a quarter of a mile. Alright, it took you a second or so to catch back up to the vehicle though, right? After you turned around?
Trooper 1: Once I turned around.
Ms.: To catch back up?
Trooper 1: Once you turn around, you have to match the vehicle speed plus you have to go faster than the vehicle speed that you check to catch back up with them.
Ms.: But you followed a minute or two, alright, so, it took a few seconds. Are you aware of anything in the road there in the area of 41 and Mauldin, any subterranean type of apparatus that would catapult a vehicle?
Trooper 1: I’m sorry, I didn’t see anything that night.
Ms.: I’ve never seen anything there either. I was just questioning. Ok, Do we agree that speed is measured by time and distance?
Trooper 1: The radar unit measures the speed, yes.
Ms.: You’ve got VASCAR training too, as well, right?
Trooper 1: No
Ms.: So you’ve never had VASCAR, you’re relying solely on equipment that may malfunction?
Trooper 1: No, I first I made a visual observation of the vehicle.
Ms.: Right.
Trooper 1: Ok
Ms.: But you can’t tell how fast it’s traveling, but you said it appeared to be traveling at a higher rate of speed.
Trooper 1: I’m trying to say I made a visual observation first, of the vehicle. Ok, then if I make the determination if I think that the vehicle is traveling above the posted speed limit, then the radar comes into play then.
Ms.: So, you are relying solely on equipment?
Trooper 1: No, I’m stating, visual observation first, radar second.
Ms.: Hum, how far would you say it is between Mauldin Road and the hotel that I pulled into?
Trooper 1: Mile and a half maybe.
Ms.: It’s one point two miles. Any question about that.
Trooper 1: No, I said a mile and a half, so I was three tenths off.
Ms.: Alright, as long as we agree. Do we agree there is 5,280 feet in a mile?
Trooper 1: Ok
Ms.: Alright, and two tenths of a mile, if you break that down it’s 1,056 feet. So, one and two tenths of a mile would be 6,336 feet. Correct?
Trooper 1: Ok.
Ms.: Alright, do you realize that traveling at a rate of 63 miles per hour I’d be traveling 332,640 feet in an hour? Divide that by 60 minutes, it’d be 5,544 feet per minute, and break that down into 60 seconds, that’s 92.4 feet per second. So, if the vehicle had been traveling at 63 miles per hour it would have only taken 68.57 seconds. Make sense?
Trooper 1: It makes sense, but I’m not testifying that you maintained 63 miles per hour from the time I met you until the time I pulled you over.
Ms.: You never said you saw the vehicle slow down.
Trooper 1: I wasn’t concerned with you slowing down, my concern was what I checked ??? with that vehicle to make a traffic stop.
Ms.: Ok, but if it’d been traveling at 45 miles per hour, the posted speed limit that would have been 237,630 feet per hour, divide that by 60 minutes 3,960 feet per minute, divide that by 60 seconds, that’d be 60 feet per second. So from Mauldin Road to the hotel would have taken 96 seconds at 45 miles an hour. It would have taken 68.57 seconds at 68 miles an hour. If you deduct the turn around time.
Trooper 1: At 68 miles an hour.
Ms.: At 63 miles an hour, excuse me, I’m sorry. That was what I originally heard at the jail. Like I said, I’m not real clear on the…
Trooper 1: So, are those calculations based on 68 miles an hour?
Ms.: These calculations are based on 63 miles per hour. (Explained chart to Trooper 1) But you followed the vehicle for a minute or two.
Judge: So what are you trying to determine?
Ms.: I’ve got two charges I’m facing here. There’s no way I was speeding. Speed is measured by distance and time.
Judge: Did you slow down, did you slow down from Mauldin Road to the, did you slow down from Mauldin Road to the hotel or did you maintain the speed of 63 miles per hour?
Ms.: I wasn’t driving 63 miles an hour to maintain that speed sir. Excuse me?
Judge: I don’t understand your line of questioning I guess is what I’m trying to see where you’re going.
Ms.: What I’m saying is there’s no way I could have been driving at 63, I had to be driving at 45 or less in order for him to have followed the vehicle for a minute or two. It’s not physically possible. Now I did slow down right before I turned into the hotel so that I could safely make a left hand turn into the hotel. Which I believe the officer testified to the fact that I turned on my left indicator, moved into the central turning lane, before turning into the hotel. But, the time and distance is how speed is measured and there’s not enough time there for him to have followed me for one to two minutes if I had been traveling at 63 miles an hour. Even if I had slowed down, there’s barely enough time at 45.
Judge: So that’s seconds if you had been traveling, let’s assume, if you had been traveling at 63 the entire way. So is this from Mauldin Road…
Ms.: That’s where he said he saw the vehicle.
Judge: to
Ms.: To the Budget Inn.
Judge: to the Budget Inn, here? Circle where your calculations would come in and be meaningful calculations here to us. You said it’s one, it’s from here Mauldin Road to Budget, which would leave you at this, at this, is this seconds. Is this seconds?
Ms.: Yes sir
Judge: Is that what that is? Ok, alright.
Ms.: That’s ??? seconds at 63 and that’s seconds at 45.
Judge: And what’s in question is how long he followed you?
Ms.: No, the speed. I’m facing two charges am I not?
Judge: Um hum.
Ms.: One would be speeding.
Judge: Um hum, ok
Ms.: Where’s the speed? He’s testified under oath that he that he followed for a minute or two. It’s not possible. It’s not possible.
Judge: Ok, alright.
Ms.: You didn’t make any mention of any other infractions of my driving, is that correct?
Trooper 1: That’s correct.
Ms.: I wasn’t swerving, I was maintaining my lane, I wasn’t even weaving within my lane, was I?
Trooper 1: Not that I remember, no.
Ms.: But the video that is audio now, well, I questioned myself as to why you didn’t get out of the car saying “Mam, what’s your hurry this evening” or anything. Most all patrol officers say that. They get out and as soon as they get out ‘What’s your hurry’, ‘Have you got your pilot license’ but you didn’t say any of that.
Trooper 1: I believe I did testify to what I did say when I made my opening statements.
Ms.: Ok, it’ll be on the… stop it.
Judge: Do you have any further questions for officer Trooper 1.
Ms.: Yes sir, I do, if I may?
Judge: Sure, I mean your telling someone to stop it and I’m trying to figure out what your doing here and I will tell you that I will be in charge of these proceedings.
Ms.: Yes sir.
Judge: And I will tell you this, now and I’m being cordial and I’m going to continue to be cordial, but I will tell you this, make your line of questioning, lets lean toward something that we’re trying to get to. What are we trying to get to here? Ok, I understand you have mathematical equations here and I wanted to know where you began and where you ended and how it pertained to that. You testified to that, now you’re inferring as to what it is that an officer should say when he pulls someone over. That is not evidential nor does that have anything to do with as to pertain to the case under testimony we now hear things that were said now and your welcome to question weather or not things were stated or weather they weren’t, but as far as to what an officer is supposed to say when he pulls someone over, I don’t see where that’s relevant to what we’re trying to get at. So make your line of questioning relevant and make it pertinent to what we are trying to do here today and that’s figure out um weather or not there is substantial evidence to convict you of speeding and or driving under the influence of alcohol.
Ms.: Yes sir, and this was for the speeding and the reason I was saying it like that was because I was confused that night.
Judge: I’m asking you not to badger, I’m asking you not to badger a witness or anyone here by stating things or asking things just simply to do that and in my opinion that’s what you’re doing. When you tell someone that they should say something or they shouldn’t say something, this is what officers do or shouldn’t do, I mean that’s not my call. That’s not your call nor does it help this case, it has nothing to do with this case so what I’m asking you to do is stick to the pertinent of what we’re trying to get here.
Ms.: Ok
Judge: Ok, thank you.
Ms.: So I was confused that night. You testified to that earlier to that night I was confused?
Trooper 1: Yes mam.
Ms.: And if I didn’t understand why I was being stopped, would that not cause someone to be confused?
Trooper 1: And I believe I told you why I stopped you, I told you I checked you at 63 in a 45. That was the initial reason for the traffic stop.
Ms.: Ok, and then you said you noticed that my eyes were red, bloodshot and watery. When I exited my vehicle did I stumble, lose my balance, stagger or anything like that?
Trooper 1: As soon as you got out of the vehicle you came back, straight back to me and that’s when I asked if you wanted to step in front of my car and I asked for your license.
Ms.: Ok and so you started asking me if I’d been drinking?
Trooper 1: I’m sorry?
Ms.: After I gave you my license, you got into your vehicle, the other patrol car came up, you came back and started asking right then if I’d been drinking, is that correct?
Trooper 1: Wrong
Ms.: Ok that’s wrong I’m sorry. You noticed that I had red, bloodshot, watery eyes. Is that correct?
Trooper 1: Correct.
Ms.: Did you ever ask me why my eyes were red, bloodshot, watery?
Trooper 1: Not that I recall, no.
Ms.: What lead you to believe that I’d been drinking?
Trooper 1: I could smell the alcohol. Alcoholic beverage.
Ms.: And I said that I was drinking what?
Trooper 1: Vodka, was all that you would tell me.
Ms.: Absolut Vodka?
Trooper 1: Absolut Vodka.
Ms.: Are you aware that U.S. regulations require that Vodka to be imported is to have no smell, no taste and no distinct color?
Judge: I’m sorry, say that again now.
Ms.: U.S. regulations require that Vodka have no distinct color, taste or odor.
Judge: Ok
Ms.: The point is that if there is no odor, then how can he smell alcohol?
Judge: I’ll address that later, (pause) if that’s necessary.
Ms.: Ok, what time of the night or morning was this?
Trooper 1: 12:47am.
Ms.: 12:47
Trooper 1: Approximately
Ms.: Ok at what point did you start asking me if I’d been drinking? Once you smelled the alcohol?
Trooper 1: Once I noticed your eyes were bloodshot, red and watery, and the smell of alcoholic beverage ya know you were just acting weird I mean to be quite blunt. I mean the way you was talking. The way you was caring on. I mean you started saying riddles when I hadn’t even asked you anything about anything. All I told you was that I stopped you for speeding and I needed to see your license. And you know you get out of the car with a credit card in ya hand and your handing it to somebody that’s not even there when I’m addressing you here. I mean I’m over here and your over here with your hand
Ms.: We have no video of that, we have no video for that.
Trooper 1: I understand that.
Ms.: I wish that we had video, I seriously do.
Trooper 1: I wish we did, we’d clear it up quickly.
Ms.: Yea, it would. Ok, so you at no point asked me to perform field sobriety test, is that what you’re saying?
Trooper 1: No, that’s not what I’m saying.
Ms.: Ok at some point you asked me to comply with your field sobriety test, is that right?
Trooper 1: Yes, after I was told you’d consumed some alcoholic beverages, yes.
Ms.: And what was my response when you asked me that?
Trooper 1: You said that you would take the test, however that you were not good with your balance and that you’d had some problems early in your life with your balance. You stated while ago about an age, I don’t remember the exact age you told me but however I do remember you telling me you’d had some problems with your balance, yes.
Ms.: That I’ve been aware of since childhood. Ok, but I refused your field sobriety test?
Trooper 1: No. You complied with the HGN test. Which is not the stand or walking test.
Ms.: Ok, and.
Judge: Excuse me, what is the HGN?
Trooper 1: Horizontal Gaze and Nastagmus. It checks your eyes while you’re standing in the straight up position or you can sit down.
Judge: Alright, I just wanted to know what an HGN test was.
Trooper 1: Horizontal Gaze and Nastagmus, you know it can be, it’s just pretty much the involuntary jerking of the eyes.
Ms.: And if we had video how would it show that you conducted that test that night? With what your training was, how would it show that you conducted that test?
Trooper 1: What your asking me, how much, does it show your eyes is that what you’re saying?
Ms.: How did you conduct that test that night?
Trooper 1: Standing in front of my patrol car.
Ms.: Yes sir, and…
Trooper 1: And do you want me to demonstrate the test?
Ms.: Would you? No, there’s really no point, we don’t have the video, so it’s not going to help. You shined that light straight in my eyes. I immediately turned my head away and that was all of the six signs that you need. You shined that light straight in my eyes, is that how you were trained to conduct that test? Or are you supposed to shine a flash light or a finger back and forth to watch someone’s eyes?
Trooper 1: I used my finger as a stimulus, yes.
Ms.: The other officer was standing right there and saw how you did it, but now we don’t have video for some reason. Ok, your next line after the HGN, which was improperly conducted.
Trooper 1: Ok, we don’t have video, that’s what you just told me. So, how can we prove that? Either, or?
Ms.: So, the next one was standing on one leg.
Trooper 1: You refused that test.
Ms.: I said that I wasn’t able to do that because I don’t have a sense of balance that I have known since I was seven years old, did I not?
Trooper 1: You said that you had some problems with your balance, yes. I do remember that. And the next test was actually the nine step walk and turn.
Ms.: And I don’t recall that being offered, but I’m sure that’s going to be on the audio, right?
Trooper 1: Yes
Ms.: Ok, and generally when someone can’t do the stand on one leg, sometimes the police officer might ask them to do the alphabet backwards, is that not true?
Trooper 1: It’s their preference, I’m sure it would be whatever their preference is.
Ms.: And could I have done the sheet slitter riddle (did it for court) could I have done that in fear that you were going to ask me to recite the alphabet backwards?
Trooper 1: But I didn’t ask you to do the alphabet backwards.
Ms.: Well I was afraid you were going to.
Trooper 1: Oh
Ms.: And wouldn’t the point of a tongue twister be to slur, oh you smile.
Trooper 1: Well I didn’t know why you was doing that til now.
Ms.: I was scared. And wouldn’t the point of a tongue twister be a slurring of the words, without saying the wrong thing? And inadvertently then I told you what I didn’t say and then you twisted or turned or that became all kinds of profanity?
Trooper 1: I don’t know what the question is?
Judge: What are you asking him, did he accuse you of being profane is that, from your riddle?
Ms.: Yes
Ms.: And the point of a tongue twister is to slur words and he said that my words were slurred, well, they were supposed to be, but I refused those tests, until you threatened to take my license.
Trooper 1: I don’t remember saying that. The only thing that pertained to your license on the side of the road were the implied consent rules.
Ms.: Right, that’s what you said to me to get me to comply with your field sobriety test.
Trooper 1: No, that was read to you after you was placed under arrest.
Ms.: What time was I placed under arrest?
Trooper 1: Approximately 1:10.
Ms.: Oh, so the video is only going to be 20 minutes. Ok, or the audio will only be 20 minutes. Is that right?
Trooper 1: I taped you from the time I pulled you over until I got you to you sheriffs department I believe.
Ms.: So, the implied consent was read to me at 1:10?
Trooper 1: There approximately at 1:10, yes.
Ms.: Approximately 1:10 and that’s not going to be at the time of the field sobriety test, is that correct?
Trooper 1: That’s going to be after the field sobriety tests.
Ms.: No more questions at this time, may I call him back?
Judge: You can later on, if you need to. If you have something, I mean obviously you’re, you’re questioning yourself but you may have something further to ask. I’m going to ask you to give me about a two minute recess and I will be right back.
Witness: Judge, I have a child to pick up that’s going to be home alone, so I need to…
Judge: Me too. Give me two minutes.
Witness: Alright.
Ms.: I knew something was going to happen to that video, I told you, I told you it would. Wasn’t that convent.
Trooper 1: It ain’t nothing I done to it.
Trooper 2: It’s doing the same thing again.
( Something to do with the water cooler)
Passenger: You give him the used vehicle, you got a new one?
Trooper 1: No, I got his old one.
Trooper 2: They did a switch-a-roo with you. I got the wrong ???
???
Daughter: Try saying it when you’re little.
Ms.: Well, Aunt Sue taught me that when I was six years old, so I thought I should pass it on to you.
Ms.: I got Sandy to say it the other day, but I had to do it sentence by sentence. And even sentence by sentence she was having a hard time with it.
(Small talk, about coffee)
Judge: I ask ya’ll, assuming, I don’t like to assume, are you, you wanted to tender this as evidence enter received a speed calculation?
Ms.: Yes. (52:29)
Judge: Ok, and what we’re going to do um, you have Mr. Passenger and Mr. Witness as witnesses. If you are interested in calling Mr. Witness, I’d ask you to so now, if not I’m gonna let him go take care of his child care situation.
Ms.: I’ve basically got one question for him.
Judge: Ok, come on up.
Ms.: Mr. Witness, did you see us earlier that evening on November 15th, Passenger and myself the evening November 15th, 2008?
Witness: I did.
Ms.: What time did we leave where we were?
Witness: I was DJ at the VFW and I was in a hurry to leave from there, we cut the show off at 12 o’clock. I left between 12:15 and 12:30 and “they” were in the process going from the bar going to the door.
Ms.: You held the door for us in fact when we left, did you not?
Witness: (Shrug)
Ms.: Alright, and what time did we leave.
Witness: Between 12:15 and 12:30, I don’t remember the exact time.
Ms.: Alright, thank you sir.
Judge: Do you have any questions?
Trooper 1: Did you say that you ??? at the VFW?
Witness: Um hum
Trooper 1: Ok, is that when you was waiting on them to leave or was that the first time you made contact with them that night or do you know them personally or?
Witness: No, they are acquaintances. They come in and.
Trooper 1: Both of them or just one or the other or her or him, ok? So they come in together most of the time, is that fair to say? Ok, and they are there a good bit of the time, all the time
Witness: Every Friday night.
Trooper 1: And on the night in question did you see them have any drinks?
Witness: Just about everybody drinks.
Trooper 1: Now when they were leaving the bar, were they drinking at that time?
Witness: I don’t know. I finished up my, I put my system up, I closed my double doors said night and I was out the door. I had to be somewhere the next day early.
Trooper 1: Ok, and you say they left somewhere between 12:15 and 12:30, which would be a 15 minute gap to play with there.
Witness: Right
Trooper 1: And you say you had seen them drinking alcoholic beverages earlier that night or that evening?
Witness: I really don’t know.
Trooper 1: Do you remember thinking anything about their demeanor when they left?
Witness: Most of the time, to be frank, I really don’t care to any individual, I mean, I’m do my job and then I leave.
Judge: But you do music, you don’t tend the bar?
Witness: Right
Ms.: And Passenger sings, right?
Witness: Right
Ms.: I don’t sing.
Witness: No
Ms.: We get up and dance.
Witness: I used to work in there, but I don’t anymore.
Trooper 1: So you’ve got a stand, a certain area that you stay in?
Witness: Um hum, inside the dance hall.
Trooper 1: Ok
Witness: It’s separate from the bar.
Trooper 1: Separate room or separate?
Witness: Separate room.
Trooper 1: So you say when you were leaving you met them at the bar.
Witness: Right.
Trooper 1: But they were in a different room than you were.
Witness: When you go in the front door you have the bar and then to the right you have the double door and then you have the dance hall room.
Trooper 1: I was just trying to understand, cause I ain’t never been in there.
Witness: No problem.
Trooper 1: What it looked like.
Judge: Would you like to redirect?
Ms.: Do you remember talking on the phone to Passenger a week later and talking to him about what time we left?
Witness: I do.
Ms.: And you don’t remember now, cause you had it narrowed down to an exact time, but now you don’t.
Witness: But that’s been like four months ago, you know people forget. ??? between 12:15 and 12:30.
Ms.: Your brother had just had a baby the Wednesday before, didn’t he?
Witness: Yes.
Ms.: Baby girl, wasn’t it?
Witness: It sure was.
Ms.: That’s all, thank you so much sir.
Judge: You may be excused.
Witness: No problem
Judge: Thank you
Witness: Good luck.
Judge: Ok, Ms..
Ms.: My turn?
Judge: Continue to call witnesses.
Ms.: Passenger, I guess that’d be you. You got a room that night?
Passenger: Yes
Ms.: What time?
Passenger: About 4:30.
Ms.: Ok, and what time did I pick you up?
Passenger: About 7:30
Ms.: Where did we go when we left the room?
Passenger: To Las Gallos.
Ms.: And what route did we take when we went?
Passenger: 41 to Mauldin Road, over to ??? I’m not too familiar with the streets.
Ms.: Is that the same street that the VFW is on?
Passenger: Yes, it is.
Ms.: Ok, when we left there, well, we ate while we were there, right?
Passenger: Right.
Ms.: Ok, and we left there at about what time?
Passenger: Oh, about 8:30.
Ms.: Ok, then we left there and went where?
Passenger: To the VFW, across the street.
Ms.: Ok, and what did we do while we were there?
Passenger: Uh, sang and danced.
Ms.: And we consumed a little bit of alcohol, right?
Passenger: Correct.
Ms.: And what time did we leave there?
Passenger: 12:30
Ms.: Ok, and is this the route that we took?
Passenger: I didn’t bring my glasses.
Ms.: Here ya go, old people.
Passenger: Yes, it was.
Ms.: Here you go, that also shows the 1.2 miles from Mauldin Road to the hotel, which was 1442 US 41, and while I was driving…
Judge: Hold on just a second, now 406 West Line Street that’s the address of…
Ms.: The VFW
Judge: The VFW
Ms.: And if you’ll notice it’s a ten minute drive? Did I recall that correctly?
Judge: Yea.
Ms.: Ok, that’s a ten minute drive and we left the VFW at 12:30 and he allegedly clocked the vehicle at 12:47 so again, ??? speed test. It was 17 minutes after we left and its only a 10 minute drive.
Judge: So, you want to tender this as evidence?
Ms.: Yes sir, please.
Judge: Ok, alright, thank you. You can proceed.
Ms.: What was the weather like when we were coming down Mauldin Road?
Passenger: It was raining.
Ms.: Light rain, heavy rain?
Passenger: It was raining heavy on Mauldin Road.
Ms.: Ok, and at some point we ran out of the rain, is that correct?
Passenger: Um hum.
Ms.: Ok, where would that have been?
Passenger: Right after we turned left on to 41.
Ms.: Ok, now when I turned left onto 41, did I stop at the stop sign there on Mauldin Road?
Passenger: Yes.
Ms.: Ok, and I came out, onto 41?
Passenger: Correct.
Ms.: What was my driving like for that route?
Passenger: Slow, because of the weather the roads were still wet.
Ms.: It wasn’t raining out on 41, so what was my driving like then.
Passenger: It was the same.
Ms.: Was I weaving?
Passenger: No
Ms.: Was I able to maintain the lane?
Passenger: Yes.
Ms.: Was my driving impaired?
Passenger: No
Ms.: Did I consume so much alcohol that I was under the influence of alcohol that would have made me a less than safe driver?
Passenger: No.
Ms.: Ok,
Ms.: Now, when I turned into the hotel, did I use the turning indicator?
Passenger: Yes, you did.
Ms.: Did the truck turn sideways, flip over or anything as I went to turn into the hotel?
Passenger: No
Ms.: Would you consider my driving to be the same weather I had or anyone else been drinking or not drinking?
Passenger: ??? the way you normally drive.
Ms.: Do I normally drive reckless?
Passenger: No.
Ms.: How long have you known me?
Passenger: A year and a half.
Ms.: Have you known me to have any citations or accidents in the past year and a half?
Passenger: No.
Ms.: Ok, Could you please explain what happened after Officer Trooper 1 stopped the vehicle?
Passenger: You exited the vehicle, walked back, handed him your drivers license, exchanged niceties. He walked back to his patrol car, stood behind the door, and asked “did I tell you why I stopped you?” You said “no”. He said “speed”. Then he sat down in his car.
Ms.: But he didn’t mention any other…?
Passenger: No.
Ms.: Ok, then what happened?
Passenger: Then he got out, exited the vehicle, came back and asked you if you’d been drinking.
Ms.: Ok, did he have his citation book in hand when he got back out of the vehicle?
Passenger: No.
Ms.: Did it look like he was going to write me a ticket for that speed that he’d told me about?
Passenger: I don’t think so.
Ms.: Then what happened?
Passenger: Then the second trooper pulled up, came over there and stood beside you and I think that’s when Officer Trooper 1 came over and got my drivers license and ID’d me.
Ms.: Did he take your license or just ask for them?
Passenger: He took my drivers license.
Ms.: Ok, then what?
Passenger: They came up on the drivers side of the vehicle and questioned you about drinking. How much you’d had and all.
Ms.: Came up on what side of the vehicle?
Passenger: The drivers side.
Ms.: The drivers side of what vehicle?
Passenger: Of yours.
Ms.: I was standing ???
Passenger: No, ya’ll were on that side of the vehicle, ya’ll were on the drivers side of the vehicle. Standing between your truck and his car.
Ms.: Well, wouldn’t that be considered behind the vehicle?
Passenger: I guess so.
Judge: Don’t lead your witness. You asked and he answered. Don’t lead him down a road you don’t want him to go.
Ms.: I’m sorry, I’m not a lawyer, I’m sorry. Then what happened?
Passenger: Then they started the field sobriety tests. Then they asked you to stand on one leg and you told them that you’d known since you were seven you couldn’t do that, you’d known since you were a child you didn’t have a since of balance. And then from there they went to the light, the eye test.
Ms.: Did you see him perform that test?
Passenger: Yes, the flashlight went to your eyes and you turned your head to the right.
Ms.: Ok, then what?
Passenger: I was talking to the other trooper by that time because I didn’t see any other test, the breathalyzer they give you back there. He and I were having a discussion, I’d explained to him that we’d gotten that room earlier in the afternoon. I showed him the receipt, I showed him the key and told him we were within twenty foot of the room and asked why we couldn’t just go to the room? At that time you did make the remark “she didn’t appear intoxicated to me”, you also testified that I’d been drinking, did you test me for drinking?
Trooper 2: I’m not on the stand.
Passenger: I’m sorry, but the remark was made that I’d been drinking.
Ms.: Well, you were. You were in fact drinking.
Passenger: Um hum, O’Dules.
Ms.: Ok, what happened after that?
Passenger: They went to place you under arrest. At that time they asked you if you had any sharp objects or weapons in your pockets, and at that time you raised your hands and informed them that you had a hand gun in the car.
Ms.: Um hum.
Passenger: At that time he came over and removed the hand gun and placed you under arrest.
Ms.: And at that time, when I was placed under arrest, was I placed in the back of the patrol car at that point?
Passenger: He Merandized you.
Ms.: Oh, the lawyer I’m supposed to get.
Judge: That’s your, that’s your place to do that.
Ms.: He told me that if I couldn’t afford an attorney that one would be appointed for me.
Judge: And we’ll address that in a moment. And if you want to, and you smile and laugh in jest, and let me tell you how that works. If you want to, uh certainly your rights to have something bound over to a higher court is certainly yours. Those are your rights and those are included in such. We’re not afforded the opportunity at, though we support um indigent defense you have to qualify for such. We support them in here but their not provided for this court. And anyone who wishes to invoke that right, I can tell you how that’s done. That’s not his responsibility, it’s not necessarily mine. It’s our responsibility if you ask for such, I can tell you how that can take place. But, unfortunately it’s not offered in this court. I wish it were, I certainly wish it were.
Ms.: I was just going by what he said.
Judge: Well, I know. But, I want to make a comment to you and I want you to take this with all seriousness. And with what we’re trying to do here, if you want to do this we can and we can make a determination what the outcome of this case will be here and from that determination I’ll say if you don’t like how it turns up you would have the right also to appeal it to a higher court for which you could apply for an indigent defense at that time. There’s more than one way to skin a cat, if that’s what you’re looking for and that’s what your willing to do. That’s letting you know again of another one of your rights. But what I don’t appreciate is the way you’re handling yourself and you demeanor right now. I don’t think anyone is invoking that as a part of what we’re trying to accomplish here today and I would really appreciate some respect. I don’t think anyone is disrespecting you, I know I’m certainly not. I’m certainly not trying to, but if you would simply ask your questions and present your case and do things respectfully. And if you have a question for me I would certainly be glad to answer those, I would be more than happy and would like to, but there’s a means of respect that I believe we should all follow here. And right now, my opinion would be disrespectful. So, carry on with what you need to ask and present your case, but be respectful about it.
Ms.: I apologize; it is not my intent to be disrespectful.
Judge: Ok
Ms.: Ok, so I was Merandized.
Passenger: Um hum.
Ms.: Ok, then what happened?
Passenger: Then he placed you in the rear of the patrol car. At that time I asked if I could go back and talk to you. ??? Trooper 1 brought me back there to the car so I could talk to you. And at that point they said you weren’t cooperating. That’s when I asked you to cooperate with them. Then at that time you started protesting that you’d done everything they’d asked you to do.
Ms.: Um hum.
Passenger: And Trooper 1 said that you were refusing to cooperate and he guaranteed you’d blow a point one or better when he got you to jail.
Ms.: And what did that mean to you?
Passenger: The indication at that time was that you hadn’t blown a point 08 on the alco sensor or anything. Otherwise I think he’d of told me at that time what he’d got you at not a point 08.
Judge: I’m sorry, say that again, I didn’t understand.
Passenger: He told me that he’d guarantee me. Officer Trooper 1 said “I guarantee when I get her to jail she’d blow a point one or better”. Which indicated to me that at that time he didn’t have enough for her to be DUI or he would have stated that he’d got her at .08 or you know, that would have been the natural response.
Judge: Point one or better, in your opinion meaning that she would blow a point one or lower or higher?
Passenger: That was Officer Trooper 1’s opinion.
Judge: I mean how you just obviously just stated to me that you had an interpretation of what he meant by that.
Passenger: What he meant was, well the way I took it at that time the insinuation was that she hadn’t blown it there. She hadn’t blown enough to be legally drunk or intoxicated, or he would have stated “I’ve got her at this, I’ll have her at this when she gets to jail”. But that wasn’t his remark, his remark was I guarantee she’ll blow a point one or better when I get her to jail. And then he said these weren’t the state mandated tests that she’d taken.
Judge: Ok.
Ms.: Ok, then what?
Passenger: And then…
Ms.: What time was that, I’m sorry?
Passenger: You were placed under arrest at 1:30.
Ms.: At 1:30, not 1:10?
Passenger: No, 1:30, I then called Stephany.
Ms.: How long were we on the side of the road?
Passenger: In the parking lot?
Ms.: Before I was placed under arrest?
Passenger: 40 minutes.
Ms.: Was there any other investigation going on?
Passenger: Other than the weapon.
Ms.: What weapon?
Passenger: Your weapon, your handgun that was in the car.
Ms.: What was going on with that?
Passenger: Well, this trooper, I believe you removed the weapon from the vehicle, is that correct? Oh, I can’t ask you questions, I’m sorry. I don’t mean to do that.
Judge: Ok
Passenger: But, the other trooper, I can’t remember his name, removed the weapon and then Officer Trooper 1 handcuffed you. I believe he ran the weapon and then he put it in the car and asked if I had anything else in the vehicle, I told him no, that belonged to me. He told me that I was free to go, at that point he went back and got my license. Officer Trooper 1 still had my license.
Ms.: So he took your license too, and kept them?
Passenger: Well, the other trooper went back and got them for me, so I could leave.
Ms.: Ok, your turn.
Trooper 1: So ya’ll left the VFW, went down 156, turned on Mauldin, came out on 41 turned left and headed for the Budget Inn, is that right?
Passenger: Yes sir.
Trooper 1: It was raining hard on Mauldin Road, but not on 41?
Passenger: ??? at that time.
Trooper 1: I agree it was wet outside, it had been raining. How much did you, did you have any alcoholic beverage while you were at the VFW?
Passenger: No sir.
Trooper 1: Did she?
Passenger: Yes sir.
Trooper 1: How many did she have?
Passenger: Um, two to three, I don’t think she even finished the third one.
Trooper 1: What size are we talking about?
Passenger: Normal.
Trooper 1: Normal as in…
Passenger: Single shot drinks.
Trooper 1: Ok, and you had a valid license at the time of the stop?
Passenger: Yes sir.
Trooper 1: So you did?
Passenger: Yes sir.
Trooper 1: Now, if she’d had anything to drink, wouldn’t it be better for you to drive than her to drive? If you hadn’t had anything to drink at all?
Passenger: Well, it might have been if it’d been my decision. She didn’t allow me to drive her vehicle, I’m not on her insurance.
Trooper 1: Now you say that I Mirandized her?
Passenger: Yes sir.
Trooper 1: You heard that first hand?
Passenger: Yes sir.
Trooper 1: Do you know the difference between Mirandization and the Implied Consent Notice?
Passenger: Yes sir.
Trooper 1: How?
Passenger: I used to be a police officer.
Trooper 1: Where at?
Passenger: Texas. ??? a long time ago.
Trooper 1: So you’re sure you heard me read her her rights?
Passenger: Yes
Trooper 1: And then I read her the Implied Consent?
Passenger: I didn’t hear that part of it.
Trooper 1: Ok, then you asked me if you could come back there and talked to her, right?
Passenger: I asked the other trooper.
Trooper 1: And I was standing at the door when you came back there?
Passenger: Yes sir.
Trooper 1: And I let you talk to her?
Passenger: Yes sir.
Trooper 1: And what was the conversation between you and her at that point?
Passenger: Well, I asked her if she wanted to leave the truck there or have it towed. I don’t remember exactly ???
Trooper 1: Ok, so you don’t remember me reading the implied consent notice at all?
Passenger: No sir.
Trooper 1: But specifically remember me reading the Miranda ?
Passenger: Yes sir, cause you were standing between your car and her truck and you stated yourself that you read the implied consent while she was in the back of your car a little while ago.
Trooper 1: Right. Do you remember seeing me use the hand held alco sensor at all?
Passenger: No sir, I didn’t see that.
Trooper 1: That’s it for now your honor.
Judge: Ok, would you like to redirect? (01:18:18)
Ms.: Yes sir. Would there have been any reason for you to have wanted to have driven that night?
Passenger: No.
Ms.: You testified previously that my driving was safe and that I didn’t drive any differently than I normally drive, is that correct?
Passenger: Correct.
Ms.: Did you feel unsafe in the vehicle with me?
Passenger: No.
Ms.: Have you ever felt unsafe in the vehicle with me?
Passenger: No
Ms.: And you didn’t hear the implied consent read to me?
Passenger: No
Ms.: Ok
Judge: You may step down. Is that everybody you have?
Ms.: Yes sir.
Judge: Ok, so you rest on your side? ??? just prior to any closing remarks, I’d ask Trooper Trooper 1, do you have any other witnesses that you would like to call?
Trooper 1: No sir.
Judge: Ok
Ms.: Well, what about the video, the audio?
Judge: Umm, if you have it, um sure. Throw it out there. If you’ve got it, let’s listen to it.
Judge: There may be points in time that we need to stop and point out what’s going on.
Ms.: A safe, did this used to be a bank?
Judge: What?
Ms.: Did this used to be a bank?
Judge: No, this used to be a court house.
((Pulling out TV with built in VCR, Ruckus))
Judge: Is this ready to play?
Trooper 1: Yes sir, it should be.
Judge: Ok
(( Audio Evidence Begins ))
(( Audio Evidence Ends ))
Judge: Is there anything else?
Trooper 1: Just inventory of the vehicle.
Ms.: I’m sorry. I apologize. I remember it being way different than that.
Judge: Do you have anything else trooper?
Trooper 1: No.
Judge: Do you have anything else?
Ms.: No. Other than I lost my license that night, he took them and I didn’t get any kind of tickets or anything and I’ve been like under house arrest ever since.
Judge: Well, in light of everything presented today and I just, its my duty to ask, I don’t think there’s any doubt in anybody’s mind, but the tape that we heard, even though we did not have a video, do all four of you who are sworn in, do you all fortes that that’s the audio that was captured that night?
Trooper 1: Yes your honor.
Trooper 2: Yes your honor.
Ms.: I don’t quite recall it the same way, but I’m not going to disagree.
Judge: Ms. on both counts, your speeding violation and your DUI, I find you guilty today and uh ??? information DUI it’s obvious point there no doubt, no doubt of course field sobriety does not prove one way or the other weather you’re guilty or not but it is a tool and there are several there are a variety of tools that are used in the field. Otherwise we wouldn’t know who was what. A lot of times people don’t drink anything and they get DUI’s they are under the influence of other things. You know drugs, uh many shapes, forms and fashions. And your own calculations, in your argument as far as the speeding violation you stated that he followed you for a minute or two, well a minute in my calculations is sixty seconds and in your own calculations sixty eight point five seven seconds was what you came up with from start to finish. That’s neither here nor there, that’s something not what we measure speed um speeding violations on, there are lawful and legal tools that our law enforcement officers have not only at their disposal but at their discretion. And again without further comment I find you guilty on both, both the speeding violation and the DUI and I will the amount of your fines will be one thousand and seventy dollars. And now are you prepared to pay those today? If not we’ll talk about other options. Also, along with a DUI uh the state mandates a twenty four hour jail sentence as well as forty hours of community service. Um, how long did um when did you go and get her out of jail?
Passenger: It was about nine, a little after nine o’clock.
Ms.: I thought it was like ten.
Judge: You state eight, nine or ten o’clock and what I will do for you, I can and will credit you for your time served on your jail time. I will not make you spend any more time in jail. However I will, I am going to enforce the fine and the community service. And ??? the question, what are you prepared to do today?
Ms.: Well sir, like I said I’ve not had a license since that night and I’ve had absolutely no income at all and, can we add more community hours? I’m great at volunteer work.
Judge: Well not in lieu not as part of your sentencing, that is part of the mandated sentence as well as probation period, um twelve months so I would offer you that time in which to pay it. And, do ya’ll have any other do ya’ll have anything else?
Trooper 2: I’ve got one later today your honor.
Ms.: Again, I’m sorry, I sincerely don’t remember it that way I apologize.
Judge: So again, normally I’ll tell you this, normally before anyone comes to court I think that ??? probably prepared you for this as being an either or situation, you know before someone comes to court, nobody can tell you what the out come’s gunna be but there’s a potential for a lot of things and normally under a lot of circumstances but I like to deal with each case individually, personally because that’s how I am, that’s what I feel is part of this job, it’s a very important part of this job ??? When could you, when could you begin to make payments toward this?
Ms.: I don’t know sir, because I don’t have a license, I don’t have a job and I’m broke. I have no idea when I, if I could get a work permit or something to be able to leave my house, so that I can find a job.
Judge: We can offer you an affidavit to take down to obtain a work permit. I don’t think you’ll have a problem securing one of those, I wouldn’t believe because you took, she ended up taking the test down at the jail so she shouldn’t have any problem?
Trooper 2: No, ???
Judge: So you should be able to go down to the department of drivers services down near the outlet mall there where you get your drivers license or license examiner and get a permit, which is good for a year but it’s just to and from work or to a get medicine, go to the doctor or get food, pretty much it and in order to get your regular drivers license back uh you will have to attend DUI school and go to a drug and alcohol assessment program, I do believe, that may be included in your DUI program, I’m not sure. They will tell you that at the time and you will pay a reinstatement fee to the state of Georgia in order to reobtain your license.
Ms.: So does that mean that meantime, back at the ranch that I can get a permit so that I might be able to go and find a job?
Judge: Well, it doesn’t necessarily Passenger you with the ability to go and find a job. I’ll say that, but, well I’ll let you talk to your probation officer with that, I’ve got a philosophy, my philosophy about that in that I, nobody can Passenger you that ability. I mean that’s not part of what a limited permit Passengers you is to go and find a job. There are too many loop holes that you could jump around in that. You could say that you were looking for a job at any point in time ???, so I say, I say that in being a defense of that not being an element of what you are able to do with a limited permit. It doesn’t Passenger you the right to go and find a job. If you have a job it Passengers you the right to drive back and forth to and from that job and only to those specific designated areas that a permit allows you and they will tell you. They will tell you what it’ll allow you to do when you go over there.
Ms.: I respect and understand that fully sir, I do.
Judge: Well, what I can do, which is the best I can offer you is to Passenger you thirty days to come up with your first payment. I’ll set you up with your probation officer. I remind you that this is a jailable offense, obviously and I should sentence you in lieu of twelve months probation I could sentence you to twelve months in jail.
Ms.: Uh hum
Judge: And if you don’t take care of your probation, that’s what will happen.
Ms.: Yes sir.
Judge: You’ll go to jail. There will be a warrant issued for your arrest and some one will come and get you, um know that, know that that’s the case. I’m sorry I
Passenger: That’s quite alright, I’m just curious what kind of payments we’re looking at?
And so...
