On January 27th, 2025, just after 2:00 in the morning, New Mexico officers responded to a disturbance where a young woman had crashed her truck into a neighbor's wall while attempting to leave a family home. Officers administered three standardized field sobriety tests and made a DWI arrest under New Mexico statute section 668102. >> Where is she, ma'am? >> I'm sorry, but >> Where is she? >> She's in the restroom right now. >> Okay. Does she have any injuries? Is she >> know. >> Okay. Okay. So, what happened? >> I don't know. She just tried to leave and she went into the freaking wall. >> What happened? What's your relationship with her? Is she your daughter? >> She's my daughter. >> [laughter] >> I don't know. I don't think like they know, but I mean, I You know what I mean? >> Has she been drinking tonight? Has she >> My daughter, I don't know. She just came here. I was asleep. I don't know. She tried to >> in a fight? What happened? >> No, she She doesn't live here. She lives with her boyfriend. >> He's from Mexico with the daughter? >> She's the one that was driving? >> Yeah. >> Jasmine, but I think she's in the restroom right now. >> So, how did you know she got into a car crash? >> [snorts] >> Well, because I was telling her not to leave. It's cuz something happened. Like, I wouldn't know I don't know if you know anything about my sons. Like, they just went to jail, so she came to tell me. >> Who are your sons? >> Well, um Marcus and Eric Martinez. >> When did they go to jail? >> I don't know. I guess right now or something or I talked to him and he uh he was He said that he was in the car, so I don't know. I just want to know what happened. >> So, ma'am, you were asleep and then um she woke you up? >> Yeah. >> What was she telling you when you woke up? >> I don't know that they got into a fight, a big old fight. Her boyfriend, my son, and my other son, and She keeps saying that she was calling me and I wouldn't answer cuz I was already asleep, so she came when we came to let me know and I called my son right now and they were already taking them in the car, so I don't I just want to know what the [ __ ] is going on. >> And when you woke up, what did what had happened? >> Well, she was just freaking crying, freaking out. I couldn't get nothing out of her cuz she was just crying, crying, crying. And then later on she just started saying that her brother was going to fight with her boyfriend and and they were drinking and then like punches were hitting her, too, and she said that um that my son had stopped the boyfriend. But I guess none of that happened. I don't know. I don't even know what's going on. I don't know. >> Okay. And so she tries to leave here, what happened after that? [cough] >> Well, I tried to stop her so she don't leave. >> And >> my fiance was trying to get open the door so she to get her out of the truck, you know what I mean? >> Yeah. >> And I was like in front of the truck and um that's when she kind of like she had already backed up and then she was already about to leave and I was like, you know, tried to stop her whatever and then she just left real quick, I guess, and like the car just >> All right. And then so you were the one trying to like get her out of the the driver side? >> Yeah. >> Okay. But she just >> I was trying to stop her from leaving because I knew said drunk. >> Okay, and how did you know she was drunk? Drunk? >> I could smell it on her. She was hysterical, making up [ __ ] >> Um and then she was kind of pretty much reversing and >> Yeah, she was parked this way first, facing that way. >> Oh, okay. >> got in she went like this and then reversed and then that's when we tried to stop her. And she just >> I got you. >> All right. I was on the trying to open the door like this when she took off. So, I just jumped out of the way. >> Okay. >> [snorts] >> That was smart. >> You don't want to get dragged. >> Yeah. All right. I'm going >> She was trying to stand in front of the car and I'm telling her like, "Get the [ __ ] out the way. What the hell's wrong with you?" >> Let me ask you. Okay. I'm going to go take photos of the >> Okay. >> I tried to tell your neighbor, man. >> Um I'll give you guys like a case card. >> Okay. >> Uh it's going to be for a crash report and for since she's being arrested for driving under the influence, it's going to be like >> I figured. >> Um Yeah, hopefully uh your fiance doesn't get hung up on too much just cuz I know it's rough cuz the insurance wasn't on the vehicle. >> Yeah. >> Hopefully there's not a lot of damage done to the your neighbor's wall. >> No. >> I tried to leave >> Yeah. >> But >> That's something she doesn't have to deal >> No, I mean after she guys called us out and you know >> I'm the one who called. >> Yeah, I appreciate you doing what you got to do, man. So, law's law. >> Yeah. >> You know for all I know at least it was right here. >> Yeah. >> She got on the road, could have I mean there's not many people out right now, but >> That's why I was trying to stop her from going. >> Yeah. >> Didn't want to hear her killing somebody innocent. Some [ __ ] >> Yeah. >> Appreciate it. >> You're good. Let's go. >> Um tell your fiance I'm going to go photograph real quick. >> Okay. >> call a tow truck out here. >> Okay. >> And they'll come take care of it. >> Hello. Hello. >> Uh Yeah. >> I saw someone on my doorbell, so I took this a while to get >> It's all right. >> Finally get up. >> Um, so who's the homeowner? >> We both are. >> You both are. >> Uh Yeah, so whichever one's fine, whoever I just need one of you guys' information is for our report cuz this is your property that got damaged. >> Okay. >> Um >> You want me? My name is Kelly. >> Kelly Miller. >> My doorbell did catch some of it if you want to >> Uh that always helps, too. Um, I can just send you guys what's called a community request. It's just an upload of all the video footage. >> Okay. >> Uh did you first photograph the fire call 46 out here? All right, let me go get you guys a case card real quick. >> Okay. >> Um Trying to do any of their insurance info for their property for this property? >> No, just this one. >> Okay, I'll get her info right now. Uh there's there's no insurance for the vehicle or at least cuz well, mom's saying it's her vehicle. Like hers. She's saying it there's no insurance. >> But if not, I mean, cite her for that. Oh. >> Hi. >> You're the one who was driving? >> Yeah, that's what I was doing. >> What happened? >> I was just trying to get my car home. Can we have her just talk to her? Hold on. Let me >> [clears throat] >> And then? >> I was just trying to get my car home. That's all. >> What do you mean like what what were you doing? You were here or know exactly? >> I came here to of my left ear. >> Do you have any injuries any kind of that? >> Yeah, well I'm hurt. >> Okay. >> My left ear feels weird as [ __ ] My finger >> All right, let's do my section 650. Okay. So, what ha- how how did it happen exactly? You can take a seat. >> I was trying not to hit my mom because I was just so worried cuz when I came over here I thought my boyfriend was dead. I thought my cuz he told me he's like Your brother stabbed me in my [ __ ] stomach. So, I was like >> Where is he at? >> At home. He was at home. >> Okay. Okay, and then? >> So, I came over here because my mom wasn't answering the phone. So, I was calling >> hit? >> I was calling her and then she And when I tried to leave, she started up another car and they ran into the wall like I was just trying to see if my boyfriend was okay like >> So, you were here the whole time then or >> Yes, because my boyfriend said that my brother stabbed him in the stomach. So, >> Is he okay? >> I don't [ __ ] know. I was trying to [ __ ] leave. >> No, hold on. Let's Let's take it down a notch or so so we can kind of find out. Do you know where he lives at? All right. So, really quick. Do you have shoes on or anything like that? Anything? >> My left foot is numb. >> Okay. So, just to kind of go over everything again. So, you got the message from your boyfriend that the whole stabbing thing occurred and stuff, okay? And then you were leaving here and then your mom was in the roadway because >> She was stopping my truck, old dog. >> So, what was the reason that she was stopping your truck for? >> Because she didn't want me to leave. >> Okay. It's probably cuz you're intoxicated cuz your eyes I can smell it pretty bad. That's why. >> Huh? >> It's cuz you're intoxicated. >> No. >> I can smell it on you. There's also an open container inside the vehicle. >> Why Why are you laughing? What's so funny to you? >> I'm not laughing, Mom. >> Do you have any shoes or >> No, Mom. I'll put these socks on me. Did you know, Mom? >> Yes. >> Okay. How about this? >> Mhm. >> Do you mind if I just talk to her for a little bit? I appreciate it. Okay. So, and then that's all that that had happened. So, if I correct and then what happened after that? You came out of the vehicle? >> I came Well, because I went to the bathroom, right? >> Mhm. >> And then when I got out, my brother my boyfriend was like, "Oh, your brother's stabbing your [ __ ] stomach, my brother." And he was like bleeding out like blood. >> Okay. >> Maybe >> you over that on the phone or >> No, I was with them. I was over there. And then I called my mom and I was like, "Fuck that." Like I got to go because I don't know how to handle these [ __ ] dudes. I'm like the only girl there. It's my brother and both my brothers and my >> Okay. So, >> I came and I left and I came over here with her mom and my boyfriend. >> Okay. >> And her boyfriend. And I just came over here. >> Okay. So, then >> And I called her mom and she wasn't answering. She wasn't answering, so I just said, "Fuck it. I'm going to come over there." >> Okay. And then what happened? >> I must not be that drunk if I can drive a standard car. >> Okay. Well, the thing is though is cuz if you were coming this way, why I would and you said you were driving away cuz your boyfriend got stabbed. How was the car parked that way? Like you were leaving. >> Because my mom didn't want to let me leave. So, she was standing in front of the car and I was trying to leave to see what was happening cuz you were taking too long. You guys were taking too long to come. >> Oh, man. Well, I'm sorry about that. How much did How much did you have to drink then? How much is not too much? >> Maybe like five Dos Equis and two Twisted Teas. >> Okay. >> And the Dos Equis is 4.2 and Twisted Tea is just 5.0. >> How long ago? >> Hm? Like like 7:30 I picked them up when I got home from work. >> 7:30, okay. And it really smells like it as well. Like I said, I can smell it from here. So, about how long ago was it actually? >> Well, what time is it right now? Tell me the >> Right now, it's 2:00 a.m. 2:00 a.m. >> So, like 7:30 or like maybe 10:00. >> Okay. >> Mhm. >> So, then you had about five Josekis, two Twisted Teas. >> Mhm. >> Okay. So, from 7:00 to 10:00. Okay. >> Don't try to get me a lie. >> Say again? >> Don't try to get me in a lie. I said five Josekis and two Twisted Teas. >> Okay. Sorry about that. Five Josekis, two Twisted Teas. Okay. >> The mother is not simply a witness. She is the complaining party who voluntarily called police on her own daughter. Under the Fourth Amendment's totality of circumstances standard, a corroborated civilian statement from someone with direct knowledge significantly elevates the probable cause analysis from the outset. New Mexico statute section 66-8-102 does not require a blood alcohol concentration at or above 0.08 to sustain a DWI charge. The statute prohibits operating a vehicle while impaired to the slightest degree. A crash caused by failure to maintain vehicle control is direct evidence of physical impairment under that standard. The officer also identifies no insurance on the vehicle. Under New Mexico statute section 66-5-205, operating an uninsured vehicle is a separately citable offense, creating compounding legal exposure independent of the DWI charge. The subject now makes her most consequential legal error. She voluntarily admits to consuming seven alcoholic beverages without invoking her Fifth Amendment right to silence. Under Berghuis versus Thompkins, decided by the Supreme Court in 2010, a suspect must unambiguously assert that right. Silence alone does not invoke it. She never invoked that right. She answered every question. Her admission of five dose aquis and two twisted teas consumed between 7:30 p.m. and 10:00 at p.m. is fully admissible under established constitutional law. This is the prosecution's strongest evidence and it came voluntarily from her. She also implies an emergency defense arguing she was driving to reach a boyfriend she believed had been stabbed. New Mexico does not recognize a necessity defense to DWI. Even jurisdictions that allow it require the threat to be imminent and ongoing. The alleged stabbing occurred more than two hours before she drove. >> All right. And then so you have been driving as well. So since you have been driving you made some drinking yourself. Are you willing to go ahead and do the field sobriety test with me today? >> Sure. >> All right. So we're also inside so it makes it a little bit easier. >> Okay. >> All right. So we'll we'll do a few things, all right? So the first one how about this? You can sit right there. >> Where? >> Right in front and then face me. Perfect. That way you're not in front of the light, okay? >> Mhm. >> So I'm just going to go ahead and check a couple of things. What I need you to do is just follow the tip of my pen with your eyes and your eyes only, okay? >> Mhm. >> All right. >> Hold on. Okay. >> Just the tip of your >> Okay. Hold on. Hold on. >> Okay. Follow the tip of the pen with your eyes. >> Yes, that's >> Don't move your head. Just your eyes, okay? >> he got it. He got it. >> Just your eyes. >> I'm also blind and need my glasses. >> Okay. That's fine. You don't need to focus on it. Just follow it. >> Mhm. >> Try not to move your head, please. >> I'm looking at the particular pen. >> Mhm. >> I have like epilepsy or something. It's just blinding me. I can't drive at night. >> [snorts] >> Do you have chapstick? >> One second. Just your eyes. >> Just my eyes, right? Well, I'm blind, so this is not fair. >> Well, it's fine. Just relax. All right. So, we're going to do the same thing. Just I'm going to go straight up, okay? Just Just follow with your eyes. >> My left eye. >> That's fine. Just look all the way up there. Okay. All right. So, the next test we're going to go ahead and do is I'm going to give you some instructions and then I'm going to go ahead and explain to you and also give you a demonstration, okay? >> Mhm. >> All right. So, move over there. Go ahead and stand there. >> Sit back to me. >> Stand over there. That's it. All righty. So, what I'm going to have you do is right in front of you, you're going to imagine a straight line, okay? So, in this line, what I want you to go ahead and do is put your left foot on that line. Actually, you can even use that straight line as well, okay? How about that? Just make it a little easier for you. You see that line? >> I can, but once I'm on my left foot I >> No, okay. You do your best at all times, okay? Just follow that line. So, you're going to put your left foot on that line, your right foot in front of your left foot, heel to toe. All righty. You're going to go ahead and put your arms down to your side. All right. You're going to go ahead and stay in this position until I tell you to begin the test and you're not going to >> Hold on. Hold on. Hold on. >> Okay. You're going to stay in this position and you're not going to move until I tell you to begin the test, okay? >> Go for it. >> All right. All right, hands down to your side. All right. So, from this position, you're going to take nine heel-to-toe steps down that line. Once you get to the ninth step, you're going to take a series of small steps and head nine heel-to-toe steps back down the same line, okay? >> Mhm. >> While you're taking the step, you're not to stop. You're going to look down at your feet and count every step out loud, okay? >> Don't look at me. I don't have a bra. Go for it. >> Okay. So, I'm going to go ahead and give you a demonstration for the test, okay? So, I'm going to be taking three steps, you're going to be taking how many? >> Nine. >> Nine steps. All right, so it's going to look exactly like this. >> Yeah, I got it. >> One, two, three. One, two, three, okay? >> Yeah. >> Do you have any questions before we begin the test? No? Okay, you can go ahead and begin. Count out loud. >> 1 2 3 4 5 6 7 8 9 1 2 3 4 5 6 7 8 9 >> All right, you done? Okay. >> The officer administers the horizontal gaze nystagmus test, the first of three NHTSA standardized evaluations. HGN measures involuntary eye movement as the eye tracks a moving stimulus. Six clues are scored. Four or more indicate a BAC at or above 0.08% with approximately 77% accuracy per NHTSA validation data. The walk and turn test assesses divided attention. Two or more clues from eight indicate probable impairment with approximately 68% accuracy. The defense will raise the absence of footwear. NHTSA's protocols address improper footwear as a validity concern, but New Mexico courts have distinguished socks from high heels in State versus Martinez. >> So, this is going to be the next one. You're going to go ahead and stand right in front of me. Face me. Face me, please. All right. So, this next test, go ahead and step back just a little bit so you can give me some room. I appreciate it. So, this next test, what you're going to go ahead and do is put your arms down to your side, feet together. So, what you're going to go ahead and do is lift one leg up of your choosing, >> Which one? >> either left or right of your choosing. You don't have to do it now. I'm going to go ahead and give you the instructions and you can start, okay? You're going to lift one leg up of your choosing approximately 6 in off the ground, and then you're going to keep your foot parallel to the ground, okay? >> For how long? >> So, I'll I'll just I'll I'll explain that as well, okay? So, once you have your foot approximately 6 in off the ground and your foot parallel, you're going to look down at your foot, keeping your hands down to your side, and you're going to count in a matter of 1,001, 1,002, 1,003 and continuously until I tell you to stop counting, okay? Throughout this test, you're not going to put your foot down and you cannot switch legs as long as you cannot bend your knees. >> [laughter] >> Okay. >> Do you Before we start though, do you have any questions? Do you need me to explain anything of the the test? >> No. >> No? Okay. >> Tell me when. >> I will. And you may begin. >> Okay, 1,001, 1,002, >> and look down at your feet. >> Look down? >> Yes, ma'am. Hands to your side. >> 1,003, 1,004, >> [laughter] >> Okay, hold on. 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, I've never been any good at balancing. I don't have my glasses on either. or something. 1,001, 1,006, >> Okay, you can stop. That was a 30 seconds. Okay. Where is your driver's >> The subject attributes her one-leg stand performance to vision problems and a general difficulty with balance. These arguments are legally relevant to weight, not admissibility. They are mitigation arguments for a jury, not grounds for judicial suppression. When all three tests are used together, NHTSA research indicates a combined accuracy rate of approximately 82%. Combined with the corroborated odor, the open container, the crash, and the voluntary admission of seven drinks, the officer has built a substantial multi-factor probable cause record. >> license set. Do you want >> might be up by the car with the license. >> That's the pile of stuff, okay. >> like all of it. >> What about your shoes as well? >> I just came like in a rush. >> Okay. >> And then I didn't even don't socks on. My mom Like my mom put on my socks on me. >> Okay. I just checked this out cuz you don't have any shoes and stuff. Just do me a favor, go ahead and >> The arrest is executed without incident against a cooperative subject. Under Graham versus Connor, force is judged from the perspective of a reasonable officer on the scene, not with hindsight. Handcuffing a compliant subject requires no further legal justification. Offering water and assisting with footwear during processing reflects professional standards that guard against 14th Amendment due process claims. >> Put your hands behind your back for me. >> Can I get her a sweater? Don't do it tight, please. Cuz I can't feel this hand. This one is >> Okay. They were too tight. >> They're too tight. They're too tight on me. >> Yes. So, we're going to be like that just for a little warm up though. Slightly tighter. >> I've been in a cop car many times, always. >> That's a good thing. >> I've been seeing a few more pictures. >> All right. So, we're going to Do you have the shoes here cuz it's all >> I need pantuflas or something. >> There's a cut. So, >> I have work somewhere at 4:00, you know. >> You start now at 4:00. It's pretty It's fine to start right now. So, I'm not going to start the depth until we get over there. Start at 4:00. Huh? >> Can I Can I get her a sweater? Well, are you coming with me? >> What's that? That's fine itself. So, she doesn't really need a sweater. I'll give you a water once we're at the station, okay? Let's just get you those shoes. >> My feet are freezing. >> That's fine. Just head on out. >> I'm cooperative, so don't worry. >> I appreciate it. You're Yes, sir. Yes. >> Just I'm blind, so please guide me. >> You want to do the crash? >> You're going to give me the 49, but that's your take home. >> Be careful. You're kind of struggling to walk, so >> Well, cuz I can't see. I'm blind. >> I I get it. I don't want you to fall down. >> I'm literally like I'm legally >> The officer receives a B+. The investigation met every legal threshold for a DWI arrest. The probable cause record was thorough, corroborated, and well documented. Use of force was proportionate. Demeanor was professional throughout. The deduction, Miranda advisement was not captured on camera prior to the extended interview in which the subject made incriminating admissions. Jasmine receives a C+. Her cooperation during arrest is noted in her favor. The decisive error was voluntarily admitting seven drinks without invoking her Fifth Amendment right. That single statement is now the centerpiece of the prosecution's case. It was given freely before any formal arrest without coercion. The mother receives an A-. She called police on her own daughter, provided a consistent account, and physically attempted to intervene before officers arrived. Her statement formed the foundation of the probable cause record. The minor deduction, portions of her account were reconstructed, not directly witnessed. Three legal takeaways from this case. First, the Fifth Amendment requires active invocation, not passive silence. Anything said voluntarily before asserting that right is admissible. Second, a personal emergency does not suspend DW law in New Mexico. Third, FST conditions, including surface and footwear, are grounds for defense challenge, but they affect the weight of evidence, not its automatic exclusion. Let us know if there is an interaction or legal topic that you would like us to discuss in the comments below. Thank you for watching.