on April 10th 2024 at approximately 11:47 p.m. a Bernal Leo County Deputy was out on patrol when he observed a black Ford Fusion failed to use its turn signal and come to a complete stop when turning out of a parking lot the deputy turned around and noticed the vehicle accelerating at a higher than normal rate of speed followed by the vehicle not using its turn signal when making a left turn 32754 Alam in the waterburger parking lot New Mexico 291 Sam King George it's a black Ford Fusion one I say [Music] how you doing hey I would have appreciated you pulling to the right and stopping cuz now we're kind of obstructing here oh I'm I'm sorry okay so when the lights come on make sure you pull to the right and stop right sorry I just wanted to get into a parking lot all right well as you you're struggling to use your turn signals at all when you're moving around with the vehicle so Lane changes and stuff I'm not seeing turn signals halfway through this turn you turned it on once I turned my lights on yeah I was trying to figure out where I was okay I don't go to Waterburg all that often so I was just trying to figure out a place to go eat yeah I just noticed coming off of uh um Ellison there no turn signals as you made on alamina no turn signals anything 31 just while the deputy was talking to the driver he noticed the driver having slurred speech bloodshot watery eyes and an odor of alcohol coming from the driver how much you had to drink tonight brother honestly one oh I just asked I can smell it not a little little drink man but I got to ask if I smell it okay well no yeah yeah no all right what did you you had one beer what time did you start what time did you stop uh can you get your license for me when you do that yeah I got over there at Cha at chba they want to serve me I got one beer apple watermelon okay or the watermelon cider okay and what time did you start drinking that uh the driver was identified as 46-year-old Cody Bradley got there after works so probably around 10:30 around 10:30 yeah so you just just had it at 10:30 no I drank it through 10:30 till till when till now till now yeah I left there at Allison now just one yes sir okay you mind if I check your eyes real quick Cody what's happen can I check your eyes real quick yeah just take your glasses off for me okay this is real simple here just put your wallet over there so you don't drop it all right you're going to turn your body so you're facing me and put your hands right here on the window seal okay both hands okay lean up towards me lean for there you go follow just my finger just your eyes not your head okay 656 all right give me a few minutes and I'll be right with you Cody okay thanks all right Cody you mind comeing out here with me for just a second I haven't got my receipt Che that's fine if if you just step out here with me for just a minute please yep any weapons or anything on you what's that any weapons or anything on you no cool you can leave your phone there in the car or wherever just so you don't drop it cuz I'm going to have you all right so just consumed alcohol this evening any other substances anything else that you're prescribed or anything else you use no just uh one beer just the one beer yep okay no other I just got off to work at gardinos and okay no other medications or you drinking over there work by chance or anything okay um it's just your odor is real strong from you you seem like you're a little bit lethargic Okay as you're moving you're dropping like your wallet and stuff nous red bloodshot eyes you just have a lot of common signs and symptoms of somebody who's had a little more than just a one so that's why that's why I'm kind of trying to determine if that's no I totally understand I'm in the business so I serve okay so nothing to drink while you were over there no no they don't no they'll F me do you do you usually your speech in any way or anything yes I do I always get the cues of being drunk even that work and okay um are you going to do some testing for me so I can ensure that you're safe to drive okay okay so let's start off with you standing right over here for me and then face me standing anywh right there's fine okay may you put your feet together just like this touching all the way all right now your glasses put them on your shirt for now you'll need them here in just a minute but not right this second okay now have you ever been uh diagnosed by your optometrist with natural stages I don't know what that is have you ever been told you have a natural ni St is if that's not the same thing no okay put your hands to your sides okay you ever had a traumatic brain injury traumatic brain injury why don't you step over here to this side that way you're not on the line yeah my knees were sorry okay put your feet together okay arms to your sides can you still tip my finger yes have you ever had a traumatic brain injury no okay follow the tip of my finger your head has to stay completely straight it's part of the instruction all right and just track it with your eyes only understand just your eyes okay keep that head straight oh yeah sorry just your eyes on my f a little cold hard it's all right [Music] okay last two times on that side last time on this side for the that far camera go slow now not as fast or not as far okay make sure keep your head straight could adjust your head there I just got a little all right sorry last two times on this okay up twice and we're done keep staring at last time okay go and put your glasses on for me all right so what do you do for work uh sure okay so you stand on your feet walk around all behind the bar all day yeah any injuries that you're you from a simple motion of putting one foot in front of the other hold on let me finish Sor or standing on one leg like this for a short period of time go ahead left KNE what's wrong with it uh I got to get checked out I was going over okay you want me to get a referral IHS okay yeah I so what's the what's the issue no I can't bend so I won't be asking you to bend okay okay all I'm going to ask you to do is walk like this one foot in front of the other think you'll be able to do that yeah not no bending not going to ask you to bend any legs okay is that okay yeah all right you have some work shoes on flat sold are those good you tighten them up or take them off no they're they're good all right I'm not going to use this line I'm just going to have you stand right here on top of my light and face this way okay okay all right these are easy you don't have to stretch out or do nothing like that okay I'm not asking you to do the combine or nothing like that okay this is real simple movement I was just going to say cuz I've been sitting I'm kind of stiff all right so here's what I'm going to have you do I want you to imagine a straight line as wide as your foot right here can you do that yeah okay I want you to take your left foot place it on that imaginary line take your right foot put it in front touching Heel To Toe like me okay so flip your feet around I want your right foot in front of your left okay right foot front left see how I'm doing it yeah arms to your sides stay in this position and don't start till I say so understand when I tell you to start you are going to take nine Heel To Toe steps on this imaginary line okay yeah I want you to look down at your feet keep your arms to your sides make heel and toe contct on each and every step understand yeah okay let's go and get back get us back in this position right here okay right foot in front of your left hold on on the me yeah go ahead get cold see how I am right foot in front of your left with both feet straight there you go arms to your sides okay again once you get to your ninth step you'll turn around and I'll show you how to do it and take nine steps back in the same manner okay I'm going to demonstrate so you can see it understand yeah watch me here from the position you're in when I say start go ahead and stay in that position for me part of the test when I say start this is what you're going to do one 2 three I took three hilts toe steps you'll take nine okay yeah this is important now so watch this on your ninth step you're going to leave that front foot on the line though okay leave your front foot down on the line use your back foot to take small steps to turn around okay and then take nine steps back Heel To Toe one 2 3 again I took three each Direction you're going to do nine each Direction okay all right why don't you come stand right here so that so that we'll be right here and we'll use this part right here okay this is the nice flat area all right yeah once you start this test you can't stop it or anything okay so let's go and get back in this position cuz this is part of the test can I stretch real quick though you really don't need to stretch I promise you if you want to do it go ahead but you really don't need to this is a it's a very simple you're not even going to be bending your knees I know but again my legs are stiff that's why getting checked out all right yeah you the fact that you could even do that is more than I even ever asked you to do that actually feels good okay all right so right foot in front of your left like mine right foot in front of left arms to your side okay you can begin whenever you're ready if you have any questions do you have any questions no you can begin when you're ready if you fully understand so one 2 3 4 5 6 7 [Music] all right now this next one you won't even be walking okay all right so I'm going have you put your feet together your arms to your sides all right it's it's Cory right Cody Cody Cody be honest with me man yeah I I I know you've had more than the one okay it makes more sense if you tell me somewhat of the truth versus than just that so I can get a better gauge a better understanding of you as a person and what you had yeah than what you've said okay yeah so I don't care what time today how long ago it was what did you have today in total no that's honestly that receipt is what I have okay I don't go back I don't I'm not saying you only didn't have one from there and maybe somewhere else no I I did maybe even your work and I'm not going to say anything like that cuz you're behind the bar okay but you've You' you have clearly had more than one beer I have I have not I've had three DW I do not okay man um I do not so let's start with this right here and arms to your side stay in this position and don't start until I tell you you to okay okay when I tell you to begin you will choose whichever leg of your choice your right or your left it's up to you I want you to raise the leg you choose off of the ground so the bottom of your foot's 6 in from the P stare down at your raised foot and you're just going to count Out Loud by thousands 1 1,00 2 1,000 3 1,000 keep counting till I say stop understand okay I'm going to demonstrate again like I did previously okay so keep keep your feet together like mine here you got to stay in this position okay when I say start this what you'll do 1 1,000 2 1,000 3 1,000 both legs are straight Point your raised toes so the bottom of your foot's flat to the ground like so that's important and stare at that raised foot arms will stay at your sides and make sure that you stay in this position here okay remember you're going to keep counting until I say stop okay do you have any questions just about to asket what I count to all right do you have any questions about that well with that to 1000 yep and so on until I say stop you understand yeah anything I need to Red demonstrate or re explain no okay let's keep your feet together like mine okay cuz that's part of the test okay if you don't have questions start well I got I can't put we on this knee so then raise the other one well that would be easy if I could put weight cuz this is my okay but if you can't then you got to use your other one you know what I mean like this is the problem solving you have to go through yeah all right so let's put your feet together again arms to your sides any other questions or anything else we need to clarify before we begin no no well until you tell me to stop okay I'll tell you when to start can I turn around now sure cuz you want to turn this way this slant this is not slanted but all right yeah okay do you want to go up there yeah go ahead okay put your feet together like this your arms to your sides feet together like mine I'll tell you when to start start and raise start we raise into the test it was instructed there Cody damn it yeah oh I'm trying to find a comfortable okay one just suck stop okay do you know your outet yeah do you know how to count from 1 to 100 yes you do yes what's your highest level of Education uh Associates okay so some College of types yeah okay so go ahead and stand right here on top of my light face this way towards my vehicle now this is important you've been struggling to do it so far okay I need you to stand with your feet together like this and they need to stay in that position all the way touching your arms need to stay down at your sides you need to stand straight up and look forward okay this is part of the instruction so if you don't do this part you're failing to do the test properly understand okay when I tell you to begin you are going to recite your alphabet starting at the letter G saying G out loud and going all the way through to the ending at Q ending with q out loud do you understand that yes do you have any questions no Cody if you have no questions stay in this position begin the test when you're ready so G till when sorry question sorry G ta to Q okay make sure you stay in this position make sure you're looking straight forward and you can begin whenever you're ready there G 27 so I'll be 10 from this Okay g2q g g h i j k l l p q okay next one same thing same position okay okay what you're going to do is you're going to count backwards starting at the number 53 and you're going to stop at the number uh 31 okay all the numbers in between you must say those the beginning and the ending number as well do you understand that test 53 to 31 all right make sure you start at that number and finish at that number do you understand that test yes make sure you stay in this position while you do so go and keep your arms down to your sides you can begin whenever you're ready 53 52 51 1 50 49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 32 31 any issues with your hands any issues with your hands can you touch your fingers uh can you touch your finger okay put your hands to your sides stay in this position here arms two feet together arms to your sides you're going to look straight forward again okay hold on that's really two feet together I never sound like that so my are when I tell you to begin you're going to touch the tip of your finger and you're going to count each time you do it it will look like this just put your hands down for now 1 2 3 4 4 3 2 1 you're going to count out loud as as you do it and that's one complete time I'd like to do it three times and stop you understand that one okay you can put your hand down whichever one you choose you put it right out in front of you while you stand in the proper position here and you can start the test if you have no questions okay so 1 2 3 4 4 3 2 1 do you want to demonstrate again put your hands to your side that's a cycle though right 1 2 3 4 4 3 2 1 okay you put your hand up in front of you you can do it whenever you're ready if you have no questions 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 1 2 3 4 4 3 2 1 okay going and come right over here to the front of my vehicle the deputy placed Cody under arrest for DWI after observing several signs of impairment right here's the front bumper all right this place your hands right here behind your back for me right behind your [Music] back all right Cody you got to come with me for just a little bit okay um all honesty man everything I'm seeing from you is completely inconsistent with what you've told me okay yeah I had the receipt with me right there I understand and I'm not saying you didn't have just one there but there's there's more going on than what we're seeing okay any uh anything on you should not take with you while you are in custody of the sheriff nothing else that will get us in trouble that I can just put back in your vehicle correct now okay cash I'm going to leave that in your pocket yeah that's over 300 Buck yep I'm just leave that in your pocket but I want to make sure we don't have anything else in there we can just thr in the vehicle instead of throwing away like these these I can put in the vehicle otherwise they'll just get tossed okay yeah and your cell phone will come with me sh myell phone yeah we'll do it once we get down there okay it's a short trp all right come back over here anything in your mouth no lift up your open your mouth lift up your tongue thanks 1212 come back over here you have your phone I'll take that with you you have your cash do I need to grab a wallet or anything W well the wallet was there should be in your car yeah you had it on your lap there all right I'm going to hold your hand here while you take a step up so I can brace you okay go ahead there you go wa sorry yep you're tall enough you can just sit there that's right my me it's a it's a short trip to where we're going okay so the Cuffs won't be on too long but they got to stay behind your back for now okay that's fine all [Music] 327 or so the deputy transported Cody to one of the Department's mobile substations for testing Cody initially refused to give a breath sample but later gave two breath samples which came back at 09 which is above the legal limit of 08 Cody was later booked into the Metropolitan Detention Center on charges of DWI fourth offense improper turning failing to use turn signals no proof of insurance and failing to stop or yield in an intersection Cody was released the following day with conditions that he was not allowed to enter any liquor establishments