Real Lawyers React: Sisters Swap Seats During Traffic Stop
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- Опубліковано 18 жов 2024
- In this video, DUI attorneys Jim and Shahina break down and react to @behindthemugshot's video titled This Teen's Attitude and Seat Switch Got Her Sister Arrested. The lawyers analyze what went wrong in this police officer's body cam of 2 sisters trying to swap seats after being pulled over on a traffic stop.
Original Video: • This Teen’s Attitude a...
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Her casual smile as she rolls down the window killed me lmfao
What the gentlemen lawyer just said "if your sleeping in your back seat and the keys are in there with you, you could be arrested for DUI" proves that our justice system is not about justice, it's about throwing as many people as possible into the system to have some type of control or make money off them for the jurisdiction. Has absolutely nothing to do with justice. Sad.
The ol 'we are just trying to get home ' defense which is usually used by DUI drivers.
Along with "and I'm literally almost home"
I thought the law stated if a learner is on a permit, the supervising driver cannot be impaired, so would be a DUI with her switching seats or not. Although I doubt that occurs often since police would have to do field sobriety on all supervisory passengers and permit drivers.
Great analysis as usual. Love the videos. Thank you for sharing your expertise with your grateful viewers. You are making the best attorney content videos on UA-cam.
DUI laws are so absurd nowadays. Wasn’t like this in the 90’s when I got behind the wheel for the first time with my permit.
I love how you two interact with one another. I also love how you two look at human nature even if human nature was not the best thing to do. It tells me that you two are probably a great defense attorney.
I do have one question regarding the DUI investigation. I hear a lot of attorneys that I follow say to refuse the field sobriety test because it is easy to mess up on, especially if you have an injury, disability, or nervous, and the test could be used in court. The officer also doesn't take injury or disability into accou t even though they say they will. What is your thought on this?
28:27 "A .138 ... that's almost, almost 2 times the legal limit."
And 90 MPH was exactly 2 times the legal limit!
Understandably, defense attorneys should present their clients in the best light for a court defense; but their grades here are for informing the public and weighing familial loyalty against legal jeaopardy and public endangerment. Both attorneys completely ignored the responsibility of both sisters to know and obey the speed limit and for the older one to ensure that the one with the learner's permit followed the law.
Smartest person in the comments
While likely all legal, I don't understand what the officers wanted these women to learn from this interaction.
Sure there was poor decision making and they should be held accountable, but for speeding and seat swapping. The DUI while legal,was bogus application of that law. The officers seemed actually offended that teenagers were acting like teenagers, and were generally disappoing during the interaction. B's for each sister, C for stopping officers, D for the female officer who was kinda an ahole.
Love your Content
Great job explaining
20:23 An excellent discussion with important points that should be made to legislators and elected administrative officials. I recall seeing other videos in which someone in that situation within a police station declined the breath test and then was read the penalty followed by the option to change their mind and take the test. So, that initial pressure was applied unnecessarily, with the knowlege of all the uncertainty and fear that it creates. At the very least, the officer could tell them that if they decline the test they will get more info and a chance to reconsider.
I came back to post an additional thought. I thought it was interesting that the older sister was trying to get home without driving, because she knew she'd been drinking. The solution of having a person with a learner's permit drive for her was of poor choice. The switching the seats was obviously an incredibly bad decision. On balance, they were making teenager level judgments. They thought the safest thing was to let the sober person who is learning to drive get them home quickly before they get in any more trouble. It was stupid, but anyone, even the cops could understand that calculus. It should have been handled better, but they still should have been punished obviously. Also they continue to talk very disrespectfully to everyone.
I'm not one hundred percent sure the younger sister was sober. The older sister lied about having just one drink, why wouldn't the younger sister lied about being sober? Maybe she's just less drunk than her sister.
I think that B for the sisters was generous. Here is my take on what was going on:
The sisters went to a party. They had a curfew. They were having a good time. Big sister had probably something like three drinks, not one. Little sister might have had a drink too but she wasn't as drunk.
The sisters didn't check the time because, well, they didn't want to know what time it really was. Having too much fun! Phones in another room? Naw. I don't buy it; _someone_ at that party had their phone on them. When they did check they were horrified. Papa is going to go ballistic...
So they get in the car and the sister on the learner's permit hits 90 miles an hour. They switch seats when they get stopped by the cop.
So they get a C- from me. Why? The lies about not knowing (more like actively avoiding to know) what time it was. The oldest sister's lies about how much she drank. The attenpt at deception when stopped by the cops.
I _hate_ lies. Hate them! I did really stupid things when I was that age. But I still hate lies with a passion.
I hope there were consequences for the deceitful younger sister too. Could she lose her learner's permit for a time? Regardless, my feeling is that papa is not letting either of them use that car for months and months. Also, curfew is now 10:30, not one a.m.
In the video you mentioned case law about control of the vehicle. Reference the idea of sleeping in the backseat and throwing your keys out of the car, and still having control. That's interesting to me. They've made it so unless you have a ride home, you're very much in peril if you're near the car and the police show up.
AND if you're drunk and the only one in the car and on a public road.
I would guess that a decent prosecutor or judge would maybe dismiss this in the interest of justice. She, in good faith, did not operate the motor vehicle and the DUI was charged on a technicality. She never intended to drive under the influence. The harder thing to get around is the wreckless speed of someone with a Learner's Permit. That's actually wild. The officers didn't show much compassion, but they are likely coming into this stop with high adrenaline with those speeds, then pissed off by two young girls thinking that they are too stupid to notice they are playing musical chairs in the car. I think a B is about right for the two male officers. Their instructions for the FSTs were garbage and the guy soliciting the breathalyzer could have been a lot less cocky.
A good credo to live by is don't break the law while you're breaking the law. Little sister should have had that speedometer pinned at 45 with two hands firmly planted on the wheel all the way home. I'm glad they didn't have their lives ruined over making stupid childish mistakes that their brains are not formed enough to truly grasp the potential consequences of their wrecklessness. That's the reason the zero tolerance penalties exist, they are a staunch deterrent for an age group that can technically parrot the difference between right and wrong, but haven't truly internalized it.
Female cop doesn't get a pass though... She's just petty and self-righteous.
That's incorrect. When they switched the seats,she was in control of the vehicle and could have flee. Just like that. And you always get DUI if you are drunk and just sit in the driver seat and aren't driving the car anyway so I see no issue here.
@@truthspeaker1269 you've missed the point of my argument. Yes it's technically illegal, but there was no indication she intended to drive. A judge or prosecutor with discretion might dismiss on those grounds.
You don't know what she would do. I said she could put it in drive and flee. You never know. And because she was in control of the car, there's no way around.@EverythingIsPhotogenic
@@truthspeaker1269 no one knows what anyone would do, but we have reasonable means to establish mens rea. Based on what is depicted here, it's not a stretch. You are being pedantic over a hypothetical.
@@EverythingIsPhotogenic I think you have to be if you are a cop. Like when they tell you, for example to keep your hands out of your pockets. It does make sense when they say that and the reason behind it, right? This is same thing.
Agree 100% about that cops. Shes a karen
How would these defense attorneys have handled an 18 year old man and his 17 year old brother. Would the cops also have to treat them gently?
"Do we really need to step out of the car"? Absoutely, for "officer safety" I'M AFRAID OF YOU !"
Not in this case, as is plainly evident.
36:50 Jim: "There's nothing on body camera that shows them switch."
False; as already said by Shahina: 33:54 "The officer that pulled them over actually saw them swapping it out", and we all saw enough to know that the officer saw the switch even more clearly than we could - illuminated first by his car's headlamps and by the nearby roadside lamp as he approached the car, and then by his flashlight.
Unfortunately, I know someone who tried the ol' switcheroo. They also did it right in front of the cop with the same result.
Her face looked like a hotels headboard under blue lights 😂
DUIs are a for profit business for the police. Not only does the government collect money from the fines they also get grant money for how many DUIs they get. It’s a racket and why you have cases like you pointed out where someone is sleeping in their car. If it was truly about safety of the public those arrests wouldn’t happen.
Confirmed by calling a tow truck but allowing the car to be released for a drop fee. What does that accomplish? It's nothing more than an extra financial punishment.
DUI's are a matter of public safety. Never heard anyone defend driving drunk before.
@@jrmarcus the girl that got this dui never drove, never endangered anyone. Yes her antics were stupid and she probably deserves some charge but DUI doesn't fit.
@@roberteltze4850 The context was that the poster before me said DUIs are a profit business. Do you believe DUIs are a money-making business for the police? I was just responding to a silly post that seems to suggest that the police look the other way for drunk driving?
Tell that money-making stuff to someone whose relative was killed by a drunk driver.
my brother has 4 duis in last 3 months , no time , 2000$ fine that he wont pay , and dont do it again . Canada for the win? Not!
Both officers are pissing me off. They are not showing any compassion at all!!!
Is it known if the charges were dropped or not?
Field sobriety test ?, why don't they just play "Simon says", i mean the girls are nervous and scared, for the cops it's FUN !, there is absolutely no danger so they can mess and play around , it's no skin off their SNOUTS !
The thing I don't understand about this is that the officer did not mention the smell of alcohol or the bloodshot, glassy eyes until AFTER performing the field sobriety tests. Aren't they supposed to bring that up before the field sobriety tests as a precursor to continue their DUI investigation using probable cause?
I usually hear them do it after they do the tests but idk
20:24 It's kind of disturbing to watch The officers deliberately try and confuse and scare her. The way it's phrasing seems like he's just trying to confuse her so I can get her in more trouble.
There was a cut in the footage during instruction.
You can also get a DUI charge for not having enough sleep. This may be different state to state, though.
Now, with that being said, that doesn't mean the charge/charges will stick, but it will be on your criminal record if it ever happens to you.
Probably just best to not stop them... Teenagers never die or kill in accidents from high speed or alcohol. Though the incident has established the older sister's first step towards sainthood. So that's a plus.
Oh yeah let’s not stop the person doing double the speed limit because no one’s ever died from it. First off yes they have genius second off if it hasn’t happened there’s a first time for everything
@@dre2990Sarcasm much?
25:20 What's that tattoo on the cops arm?, it looks like a Porcus .
"Your honor although my client was falling all over the place she UNDERSTOOD THE INSTRUCTIONS PERFECTLY so......." so whats the point?, understanding the instructions or actually PASSING the instructions !>??
I think this is as angry as one of these videos has made me in awhile. This woman officer is everything that is wrong with our police system. This whole thing shows that it's about getting whatever charges they can get away with, not doing what is right. It's all about technicalities and exerting power. I hope they get a great attorney and go hard after this cop.
Shahina's boss
You are giving them B ?
Talk about girl privileges, drunk and going 90 in a 45.
"well i explained it to you and you said you understood" Meanwhile although the cop is unaware of it , he's having a discussion with a cogent person,
oh nice tattoo, whats next ?, neck and face tatts !?
If you toss the key 🔑 to a tree to sleep it of you could get the key… a passenger could switch seats.
this pair show why lawyers are the scum of the earth , no accountability ,excusing possibly lethal actions (DUI)
Who drove drunk in this specific instance?
@atcdude067 oh, don't you know roco has never broken any laws or rules and never takes people's words out of context...
@@CincyFlight so you also condone underage drivers drinking ?
Having once worked in accident recovery I have seen too many wrecks with bits of teenagers inside to dismiss this as trivial .
@@Evilroco nobody in the video drove drunk??? Atleast your consistent. 👍
@@CincyFlightthat doesn’t matter she was in possession of a running car while intoxicated