Yanibeth's Arrest: Early Access - Raw Footage

Name: Yanibeth

Charges

• #1 DUI-UNLAW BLD ALCH (0.15 OR HIGHER OR W PERSON UNDER 18 IN VEHICLE)

BOND: $1000

Police Report:

On October 31, 2021, at approximately 4:45 A.M., while in marked uniform patrol as a duly commissioned police officer for the city of Cape Coral Police Department, I was traveling in the far right, eastbound, left turn lane at the intersection of Del Prado Boulevard North and Northeast Pine Island Road, In Cape Coral, Lee County, Florida. I observed a black Toyota Camry bearing Florida Vehicle Tag # [REDACTED], stopped in front of me at the red traffic light, in the far right, eastbound left turn lane. The traffic light turned green, and the black Toyota Camry proceeded through the intersection, turned left, entering the middle, northbound lane of Del Prado Boulevard North. I observed the vehicle continuously gaining speed. I looked at my calibrated speedometer of my patrol vehicle, which displayed 93 miles per hour. Due to observing the vehicle violating Florida State Statute 316.189(1), Violation of Municipal Speed, I conducted a traffic stop at the 1400-Block of Del Prado Boulevard North.

Personal Contact/Observations Phase

Upon walking up to the vehicle, I observed a Hispanic female passenger identified by a Florida Driver's License as Yanibeth, who was sitting in the passenger seat, move to the driver's seat. I observed the driver, a Hispanic female identified by a Florida Driver's License as Kiara, was sitting on the center console, in attempt to move to the rear seat. I explained to Yanibeth my observation of them switching seats, with Yanibeth moving to the driver's seat and Kiara moving to the backseat as I was walking up to the vehicle. Yanibeth stated, "I don't want my sister to get in trouble." I explained to Yanibeth that the driver of the vehicle is the person that would be receiving a citation, which would be her sister Kiara. Yanibeth stated she would accept the citation instead of her sister being cited. I explained again to Yanibeth that I cannot do that, and if I were to issue a citation, Kiara would receive the citation due to I observed her moving from the driver's seat, to the rear passenger seat upon me walking up to the vehicle.

While speaking with Yanibeth, I observed she had bloodshot, watery eyes and her speech was slurred.

At my request of a backup officer, Officer Fugiel and Officer Meadows, who are also duly commissioned Police Officers for the city of Cape Coral Police Department, responded to the scene. Due to safety reasons, furtive movements and the vehicle occupants switching seats within the vehicle, I requested for Kiara and Yanibeth to exit the vehicle, which they were compliant.

Officer Fugiel informed me of his observations of impairments while speaking with Yanibeth consisting of bloodshot watery eyes, leaning against the rear of the vehicle for balance, bloodshot watery eyes, and slow slurred speech.

SFSTs/Evaluations Phase: I asked Yanibeth if she had been drinking, which she replied, "Yes." I requested of Yanibeth to participate in Standardized Field Sobriety Exercises due to the signs of impairment both Officer Fugiel and myself observed, which Yanbeth agreed to participate. Yanibeth informed me she was neither diabetic; nor epileptic, neither sick nor injured, had no physical limitations, did not wear glasses or contacts, and was neither sick nor injured.

I provided instructions for Yanibeth before conducting Horizontal Gaze Nystagmus (HGN), which she stated she understood and did not have any questions. I informed Yanibeth to follow the tip of my red, LED lit Stylus pen, with her eyes only. While conducting Horizontal Gaze Nystagmus, I observed Yaniebth was using her head to follow my red, LED lit, Stylus, instead of only using her eyes. I explained again for Yanibeth to use her eyes only, while continuing the Horizontal Gaze Nystagmus Exercise. I observed once again that Yanibeth was turning her head to follow my red, LED lit, Stylus. While conducting Horizontal Gaze Nystagmus, I observed all six clues.

I moved on to the Walk and Turn Exercise, using the edge of a white, lane boundary line on the roadway. I explained and demonstrated the beginning position of the Walk and Turn Exercise to Yanibeth. While explaining and demonstrating, Yanibeth began without me instructing her to, which I informed her I did not inform her to begin. I requested for Yanibeth to return to the beginning position. I again explained and demonstrated the walk and turn exercise to Yanibeth. Upon being instructed to begin, Yanibeth was not taking heel to toe steps, and she did not verbalize her count while taking her steps. Furthermore, I observed Yanibeth taken 43 steps, which if Officer Fugiel and I did not stop her, she would have continued. Yanibeth asked if she was supposed to go back. I informed Yanibeth she was supposed to return taking nine heel-to-toe steps while verbally counting her steps.

I moved on to the One Leg Stand, which Yanibeth stated she was comfortable lifting her right foot during the exercise. I explained and demonstrated the exercise to Yanibeth. Upon completion of my demonstration and instruction, Yanibeth stated she did not have any questions and upon my request, began the exercise. Though Yanibeth kept her right foot six inches above the ground, I observed Yanibeth was gripping the sides of her dress to maintain her balance and she was not verbally counting as instructed. (SEE DUI PACKET FOR SFST PERFORMANCE). Based on the totality of circumstances: I observed Yanibeth had switched positions with her sister inside the vehicle during the traffic stop and became in possession of a motor vehicle with the engine running, the vehicle keys were inside the vehicle's ignition, and the gear was in Park. Based on Yanibeth's eyes being bloodshot and glossy, the odor of an alcoholic beverage emitting from her mouth when she was speaking, and the failure to participate in the Standardized Field Sobriety Exercises, and her sister who under the age of 18 was in the vehicle, I placed Yanibeth under arrest per and was issued citation (Citation #A2G2H6P) per F.S.S. 316.193(4) Driving Under the Influence. I also issued Kiara a citation (Citation #A5FT6PP) per Florida State Statute 316.189(1) Violation of Municipal Speed. Kiara was later released to her parents at the scene. Implied Consent/Chemical Testing/Post Arrest Phase: At approximately 5:23 A.M, I requested of Yanibeth to provide a sample of her breath to test for its blood alcohol concentration at the scene, which stated she did not understand. I explained to Yanibeth the answer would have to be a yes or a no. Yanibeth stated she did not know how to answer, and she was scared as she had never been arrested before. I read Implied Consent to Yanibeth, which Yanibeth refused at first, then stated she does not know and asked what would happen if she did provide a breath sample. I again read implied consent, which Yanibeth agreed to provide a sample of her breath. I transported Yanibeth to Cape Coral Police Department for booking, where I conducted an uninterrupted, 20-minute observation. Upon Yanibeth providing a sample of her breath, the first test results showed 138 and the second test results showed a .137. Due to the Breathalyzer intoxilyzer printer being inoperable, I recorded the results of the tests. I read Yanibeth her Miranda Warnings from a department issued Miranda Warnings card. With her rights in mind, Yanibeth did not wish to speak with me. Yanibeth was later transported to Lee County Jail in apparent good health.

Court:

Case Was Dropped