On October 11, 2019, at around 11:10 p.m., an officer spotted a vehicle blasting music and driving in the dead of night without its headlights on. He immediately initiated a traffic stop and upon speaking to the driver, he noticed that her speech was a tad slurred, she seemed confused about where her things were, and she had the faint smell of alcohol coming from her. He ordered her out of the vehicle and asked her if she’d had anything to drink, to which the driver responded that she hadn’t. The driver then agreed to take a series of field sobriety tests to prove she wasn’t intoxicated.

During the horizontal nystagmus test, the driver moved her head to follow the officers’ finger and her eye movement was jumpy. For the walk-and-turn test, she failed to maintain the starting position and attempted to start the test before being instructed. When she performed the test, the officer noted aloud that she didn’t walk heel-to-toe. He invited her to retry the test, which she did – this time with exerted effort to walk heel-to-toe. Based on her performance, the officer didn’t believe that she wasn’t intoxicated so he asked her to take a breathalyzer test. The driver refused, repeatedly insisting that she’d performed the “walk test” correctly and there was no need to take a breathalyzer. Throughout the argument, she repeatedly demonstrated the test in order to prove that she could do it. She was ultimately arrested for driving under the influence.

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