Live-Streaming Florida Woman Charged With Drunken Driving

HughPickens.com writes: Christine Hauser writes in the NY Times that police in Lakeland, Florida say 911 dispatchers started receiving calls Saturday from viewers who were watching a woman broadcasting herself while apparently driving drunk, using the live-streaming app Periscope. Despite the tip being generated in the virtual world, it took some traditional police sleuthing to find the woman and, ultimately, arrest and charge her. The woman first invited her viewers to follow her as she went bar-hopping in downtown Lakeland. During the live stream, Beall repeatedly said that she was drunk and appeared to be asking viewers for directions. She noticed that there were at least 57 people watching and asked, "So where am I right now, people?" One 911 caller said Beall was driving a Toyota in the north Lakeland area. "I just saw a girl on Periscope driving drunk. She doesn't know where she is and she's driving really fast," said the caller. As officers pulled Beall over, her 2015 Toyota Corolla, which already had a flat right front tire, rammed into a curb. Beall failed the Standardized Field Sobriety Tests and she refused the breathalyzer test.

Comments

Drunks don't make the best decisions

[naughtynaughty]

Taking the optional Field Sobriety Test (FST) is never a good idea. Not doing the Breathalyzer test after being arrested in Florida is also not a good idea as it results in the automatic suspension of your license and your refusal to take the test can be used against you in court. In addition, it doesn't prevent the police from obtaining a warrant to draw your blood and determine your BAC.

Re:Drunks don't make the best decisions

[rmdingler]

Taking the optional Field Sobriety Test (FST) is never a good idea. Not doing the Breathalyzer test after being arrested in Florida is also not a good idea as it results in the automatic suspension of your license and your refusal to take the test can be used against you in court. In addition, it doesn't prevent the police from obtaining a warrant to draw your blood and determine your BAC.

Take neither test.

If you're in doubt about what to do, please remember the police are not administering these exams to help prove your innocence.

Re:Drunks don't make the best decisions

[wbr1]

In most states, refusing the test is an automatic license suspension.

You should never drive inebriated, however, if you are this stupid, be smart enough to have an attorney on retainer or delay to get one.

Re:Drunks don't make the best decisions

[circletimessquare]

you're giving legal advice to people who drive drunk

1. they obviously aren't the best decision makers, even before drinking, so you might as well be giving advice to farm animals on taking a calculus test

2. to all drunk driving irresponsible assholes: fuck you. the legal in and outs of the exact procedure to establish your level of inebriation is secondary. the primary topic is the police should do whatever they need to to take away your driving privileges, as they should be taken away. oh you need to drive to your job? you drove drunk you stupid asshole, you have proven to society you don't deserve to drive. take the bus you irresponsible douchebag

If you're in doubt about what to do

i know: how about don't drive drunk?

there are no lame ass whiny entitled excuses or explanations that apply. don't drive drunk, no exceptions

Re:Drunks don't make the best decisions

[rmdingler]

I have no rebuttal. You're spot on.

Re:Drunks don't make the best decisions

[Wrath0fb0b]

It absolutely falls under the 5A -- the issue is that your privilege to drive on the public roads will be suspended if you don't comply. You don't have to submit to the test, we don't have to let you drive.

The worst possible outcome for the drunk driver is that is to refuse the test (triggering the suspension) and then the officers obtains a telephonic warrant for a blood draw. Then your screwed on both counts -- first on the refusal and then on the DUI. So refusal is a risky strategy...

[ And, since this is /. and I have to explain: complying with a warrant is not voluntary. If the police knock on your door and ask to come in, you can say no. If they police knock on your door with a search warrant, you have to step aside. ]

Re:Drunks don't make the best decisions

[PopeRatzo]

i know: how about don't drive drunk?

If you lived in Florida, you'd do everything drunk.

Re:Drunks don't make the best decisions

[naughtynaughty]

Note what my original comment said, refusing a BAC test AFTER being arrested is a poor choice. You've already been arrest, you are going to jail, refusing doesn't keep you out of jail.

Re:Drunks don't make the best decisions

[tehcyder]

Be sure to obtain a good lawyer. Or better yet just don't drive drunk.

Perhaps more pertinently, don't drive drunk and advertise it over the fucking internet.

Re:Drunks don't make the best decisions

[circletimessquare]

failing a BAC because of a medical condition is not driving drunk, you moron. you don't win an argument by changing the topic

Also, to all those that would throw away everyone's liberties in the search of a small modicum of safety: fuck you.

the most frequent defiler of your freedoms and liberties is not cartoon authoritarian jackboots working for big government. it's the irresponsible douchebags you run into in your life who will take your property, your health, your life. simply because they think freedom means freedom from responsibility. in fact, there is no such thing as freedom without responsibility

and those who often do the most damage to the notion of freedom are not your cartoon notions of statist authoritarians, but social retards like yourself who think freedom means there is no such thing as consequences for *you* defiling the freedoms of those who have to live near you, share the roadway with you, work with you. you damage the notion of freedom by showing there are morons out there who don't even know what freedom is. and when you defile the freedom of others, do you know what society does? it limits your freedom, up to and including prison. as it should. to preserve the freedom of those of us who actually know what freedom fucking is: "i can do whatever i want, as long as i don't hurt anyone else"

you can't increase freedom in society when you allow people who are so egregiously stupid or malicious, that they constantly limiting the freedom of others they encounter with their behavior. freedom is not destroyed just by government. it is also destroyed by the irresponsible and the malicious and the social retards, which is the category you seem to fit into: people who don't have a grasp of what freedom actually means. it does not mean freedom from consequences and responsibility, and never did, and never will

Re:Drunks don't make the best decisions

[cayenne8]

Yep.

Actually a LOT of this depends on the state you live in. I spoke to an atty friend of mine here and he said basically if you get pulled over and are a bit tanked, don't say a word, don't do any field tests....just hold your hands out because you are going to be arrested.

He said all the field tests are doing, is collecting evidence against you, so you don't want to give them any help. Don't do any tests till you can get an atty. present....if nothing else this will give your body more time to process the alcohol so that if you do have to get blood drawn, it will be less.

But know the laws of your state, if you refuse tests most will suspend your license, but still, that's better than a DWI....and get a good lawyer, they help. You can often get special permission to drive on suspended license for work, groceries, etc.....so, life will go on for you.

With the alcohol laws SO drastic today..the BAC level is now a low 0.08 in most states, as a grown man just having a couple glasses of wine with a meal out can get your dangerously close to the legal level, when in reality you are just fine to drive.

But being pulled over for DWI is like being pulled over for ANY infraction, the police are NOT there to help you, and you need to know your rights and stick by them and not give them any evidence to charge or prosecute you, which IS their job.

Re:Drunks don't make the best decisions

[cayenne8]

Note what my original comment said, refusing a BAC test AFTER being arrested is a poor choice. You've already been arrest, you are going to jail, refusing doesn't keep you out of jail.

No, but if you can refuse, you are not giving them evidence to convict you of DWI.

If you get a good lawyer, they likely can get it reduced to Reckless Driving or something less...which is certainly much better than a DWI considering that will cost you much more $$, be a stain when applying for jobs, and insurance.

Like I mentioned before, with BAC legal levels being so damned low today...you can get pinched for just a couple glasses of wine with a meal which should not be the case.

Re:Drunks don't make the best decisions

[Archangel Michael]

"I am not refusing the test. I am asking for my lawyer be present during its administration."

Then I will listen to what my lawyer tells me.

Thanks

Re:Drunks don't make the best decisions

[cayenne8]

Well, first...

The BAC legal levels are WAAAY too low now. A grown man or woman just having a couple of glasses of wine with a meal can be dangerously close to the legal level of DWI...when in fact there is no problem with driving home.

And, if you're so against any drinking at all and driving, then why is is even legal to have a bar with a parking lot for the patrons to come in? Do you seriouslythink all those cars are for designated drivers? Do you not wonder where they all disappear to at night at closing time (for those of you living in states/cities where you require bars to close)?

Be realistic. People go out..they have a few...they have to get themselves and their cars HOME for the next day. It happens. The trick is to not be too impaired to drive safely.

Re:Drunks don't make the best decisions

[circletimessquare]

if you drink and then drive, you are an irresponsible asshole and you deserve punishment. yes, it is actually that binary

human's aren't binary, but the choices we make can place us pretty clearly in the wrong. drinking and driving is exactly such a choice

Re:Drunks don't make the best decisions

[circletimessquare]

you're an irresponsible douchebag

you don't drink then drive

period. ever. no excuses or explanations

your lame self-serving weak rationalizations only reveal your poor character

Re:Drunks don't make the best decisions

[squiggleslash]

get a cab. take the bus. walk. arrange for a friend to drive, before or after. sleep it off at the location. get a hotel. prop yourself up on the side of the wall. all options infinitely better than driving drunk

Cabs are expensive, buses don't exist, friends aren't always available, sleeping in a bar will get you arrested, hotels are expensive, propping yourself up on the side of a wall will get you arrested.

So no. Given your suggestion about buses, I have to assume you have absolutely no idea what you're dealing with. I don't blame you. Forced car suburbanism is that fucking insane. It needs to go.

As for whether it's an excuse or makes someone a douchebag or not, it doesn't matter. Demanding of someone that, due to a night of excessive drinking, they starve themselves to death, or even just spend time in jail (either through a drunk driving charge, or through a driving while suspended - which in practice is what people do instead of starving themselves to death), is excessive.

Give people choices rather than forcing everyone to live in suburbia: once you do, you'll have the right to more than tut-tut at people who do things that are antisocial and irresponsible in the name of getting home at night.

Re:Drunks don't make the best decisions

[cayenne8]

And you seem to ignore reality, people do imbibe a bit and then go home, fact of life.

It isn't really that scary. If I'm loaded, no, I don't drive home..but if I've only had a few (and decades of living with myself and having alcohol and knowing my limits) I will get myself home.

I will say, however, now that uber is out there and so cheap (MUCH less than a cab), if I know I'm planning a night out, I'll do uber back and forth from home to bar(s) and fests. But if you're out and about and happen to have drinks with friends in a restaurant or bar (spur of the moment when someone calls you to stop by xyz) you gotta be more careful and know your limits.

I'm guessing you're a bit more uptight about drinking and driving possibly due to you living up north in the US?

It is much more acceptable in the south, especially down here in the New Orleans area. Hell, until a few years ago, we didn't even have an open container law for cars, if you got pulled over not that long back, all you had to do was hand your beer to the passenger. We have drive through daquiri shops here and you can take drinks to go from bars, some of which never close.

It depends on where you grow up a bit I guess...more relaxed about alcohol down here and we're fine with it unless you do something stupid.

Re:Drunks don't make the best decisions

[ColdWetDog]

With the alcohol laws SO drastic today..the BAC level is now a low 0.08 in most states, as a grown man just having a couple glasses of wine with a meal out can get your dangerously close to the legal level,

True

when in reality you are just fine to drive.

False

The objective data is way against you. You might be OK to drive, you're probably moderately impaired. Now, you can argue that being tired, taking benadryl, being distracted or texting / whatever is just as bad and you are correct. But two wrongs don't make a right.

Society is trying to tell you that alcohol and automobiles are not a good mix. If you want two glasses of wine at dinner, fine. Either don't drive or wait several hours for the alcohol to clear off. Yes, it might change your lifestyle. Sorry. So did seatbelts.

Re:Drunks don't make the best decisions

[thegarbz]

Alcohol has an effect on reflexes from about 0.02. Some even say your judgement starts getting impaired at this level.
Alcohol starts to affect reasoning at 0.04, every study picks it up at this level at the latest.

So fuck you if you think you have no problem doing the most dangerous activity of your day with the highest statistical chance of killing a third party by accident with a 0.08 level.

Re:Drunks don't make the best decisions

[Cederic]

Or you could just skip the fucking wine if you're going to be driving.

Is sobriety that much of a burden for just one night?

Re: Drunks don't make the best decisions

[Cederic]

It is time to get rid of these stupid life ruining laws and do something that will actually work.

You mentioned tests, but I'm not aware of anything that'll work immediately with zero effort by an idiot and have no false positives.

"I had a drink, I'd better not drive" is pathetically easy and guaranteed to work. It does have false positives though so I agree, lets find something better.

Until then, the DUI laws aren't the worse compromise at the 'whole population' level.

Re:Drunks don't make the best decisions

[drinkypoo]

The BAC legal levels are WAAAY too low now. A grown man or woman just having a couple of glasses of wine with a meal can be dangerously close to the legal level of DWI...when in fact there is no problem with driving home.

And a man or woman who has had two drinks can also be sloppy, depending on their physiology. The rules aren't fair in that they affect everyone equally, the rules are "fair" in that they are there for the benefit of everyone. The goal is to reduce the number of extremely horrible accidents, at the expense of a little inconvenience.

Be realistic. People go out..they have a few...they have to get themselves and their cars HOME for the next day. It happens. The trick is to not be too impaired to drive safely.

Yes, and that's why we have fairly low limits. Safety. This is a great reason why self-driving cars need to be able to drive while you're asleep or whatever. Then we can finally have a technological solution to this problem that makes more sense than racoon-cheatable breath interlocks.

Re:Drunks don't make the best decisions

[Obfuscant]

Clearly, you are someone who either never drinks or doesn't drive.

Clearly, I am someone who does drink alcohol and does drive. I have, however, chosen never to do them at the same time, or in close proximity. That's because I have realized that having a drink is much less of a necessity than being able to drive myself home.

Having a screaming child in the back seat is more detrimental to your driving than one glass of wine.

The difference is that you can easily choose not to drink and there are no negative consequences from that choice. Your friends may think you are Debbie Downer at the party, but then, you're going to be the one they call to come bail them out when they get arrested for DUI because they know you're the one who is sober enough to come get them.

On the other hand, there are serious consequences if you are someplace with a "screaming child" and you need to drive them home, and you choose to drive safely by leaving the child on the side of the road.

Risk management requires evaluating the risks, the hazards, and the mitigating circumstances. Sometimes the answer is "go" because while there are still hazards the cost of "no go" outweighs them. That's why the low cost of "don't drink" cannot change a "no go" into a "go", while the high cost of child abandonment can.

Re:Drunks don't make the best decisions

[KGIII]

Not only does Florida have DRIVE-THRU LIQUEUR STORES but they have mother-fucking DRIVE-THRU MARGARITA/DAIQUIRI STANDS!

It is as awesome as you might expect. I've got a piece of property in Bay County - over in Panama City Beach. I own a chunk of beach and my house is actually across the road. I don't live there. I like Florida because it's amusing - not because I'd live there. It's awesome to visit.

The margarita stands or daiquiri stands are drive-thru or drive-up. There's one, it's grandfathered, where you drive up and they serve you right there in your car - you can walk up and drink outside at a stand-up counter (something about not being able to put in more seats - it's grandfathered in). Now, they can't serve you an 'open container' so you get a giant alcoholic drink, for dirt cheap, in a giant slurpy-type cup. The straw has had the paper removed except for the very top - it's stuck through the hole but the paper is still on it. All you need to do is pull it off.

Now, I gave up drinking a while back - I was too good at it. But I think they've changed the law. Now, I'm pretty sure, they still have the same damned holes (and the same peeled straw) and the actual entry hole in the cup's cover is covered by a barely attached piece of scotch tape. They don't push the tape down all the way because it's too hard to pull up.

The theory is, I guess, that you're supposed to drive up and then not drink your purchase until you get home. I don't think that happens, ever. If you go to the drive through liqueur stores and look, they've got concrete barriers - the round things, poured in a tube thing made of cardboard I think, and they're thick - for a reason. They're usually painted a very bright color and are obviously painted fairly often. However, each and every single one has markings on it from the many, many people who've run into it.

I've personally witnessed, I was inside, a person hit one of the concrete barriers with the center of his bumper - pretty close at least. He then backed up and managed to get it between the two. The clerk still sold him alcohol. I don't know what he hit but there was a loud crunch outside after the guy left - like seconds later. A few moments later he merrily went on his way into the traffic of Route 98 on the seedy side of the bridge.

Yes, yes it is real. I couldn't make this stuff up. I fucking love Florida. I'd never, in a million years, live there by choice. I absolutely love to spend a month or so there every year. They're mostly harmless... They've got a national forest... The trees are all planted in a row (I assume to harvest). It's flat. The speed limit is 75. The drunken rednecks go driving down the road (did I mention that they don't have to get their cars inspected?) in swamp buggies at absurd speeds. It is awesome! It's like a whole collection of distilled insanity. What's not to love? Oddly, they have one of the more tame Mardi Gras festivals.

I once pissed, drunkenly I might add, on the wheel of a cruiser while the cop was still in it - I didn't realize he was in it. In fact, I didn't notice him until he said something. He took me into an alley and we had a discussion but he didn't beat me up or anything. He just told me that if I didn't go home he was going to. He said he wasn't even going to arrest me if he caught me again - he was just going to, "Kick the ever living dog-shit out of you, boy!" (Probably with more drawl and less punctuation. This was the same officer's car that I'd decorated with beads earlier it seems. It was awesome! He was the one who told me it was a family friendly event. I must have missed that part. Ah... Great times... "What the hell are you doing to my car, boy?"

Anyhow, I don't actually have a point. I just figured I'd share a very limited sample of my experiences of Florida. It is like concentrated insanity. It's every bit as funny to visit as you might imagine. The one state has given me hours of silly memories. I can buy alcohol, from my car, and just peel back some tape and drink it but I go to

Has to be said

[DanJ_UK]

She sounds like a complete and utter Thundertwat.

What next?

[Coisiche]

Since online approval via "likes" or equivalent seems to be the basis of self-worth for so many, how many more crimes are going to be live streamed?

"Sure, I got eighteen months but I got 10,000 likes!"

Equal Opportunity

[lazarus]

I say that there should be equal opportunity for both Florida men and women.

Wrong

[HeavenlyWhistler]

In most states, refusing the test is an automatic license suspension.

Refusing a breath test is an automatic license suspension. A breathalyzer test is not a breath test. It is a preliminary breath test. Refusing that has no penalty.

A breath test is a large machine down at the police station, that is carefully calibrated and accurate (for what it does). Police ask you to take the breathalyzer, and FST, so that they can collect enough evidence to justify arresting you and taking you downtown for the real breath test. They ask, you say no.

Re:Wrong

[Anonymous Coward]

Here is part of your own quote of Florida Law:

... if the person is lawfully arrested for any offense allegedly committed... The chemical or physical breath test must be incidental to a lawful arrest

That means "after you are arrested" with, you know, probable cause and stuff. Here is the Intoxilyzer 8000 that is used by the Florida Department Of Law Enforcement (a.k.a state police): http://www.alcoholtest.com/int...

Here is their web page on their alcohol testing program:
http://www.fdle.state.fl.us/Co...

I don't know, Bob, that looks like a big machine to me. Although it does have what looks like a handle, I'll give you that. But it is not a breathalyzer. A breathalyzer is not used in BAC tests. A breathalyzer is not a "breath test instrument" as referred to in 316.1932 (1)(a)2. You should also read 316.1932 (1)(f)1. If you refuse to blow into a breathalyzer on the side of the road, you are not "refusing to submit to a BAC test".

PEBSWAS!

[Applehu Akbar]

Problem exists between steering wheel and smartphone.

Re:Greetings from Florida Polytechnic

[cayenne8]

I dunno....

I often wonder if social media is just making people more stupid....

Or if social media just brings the people that are stupid more out of the woodwork for the rest of us to see.

Why would anyone FB, Tweet, Periscope or whatever ANY activity that might potentially get you jailed?

We see gang members with FB pages of stolen goods, drugs and cash online. This chick live streams a drunk drive home (not to mention many shots of her early drinking heavily with a timecode attached to it)...I mean, why do people gather so much evidence against themselves and just hand it to the police?

Are we just getting dumber as a country?

Re:Greetings from Florida Polytechnic

[Barsteward]

the answer is "Or if social media just brings the people that are stupid more out of the woodwork for the rest of us to see."