Hello. How are you guys doing? Oh, pretty good. I'm Deputy Bird with the Eddy County Sheriff's Office, but I stopped you cuz your registration comes back to a yellow GMC and this is a white Chevy. You just barely bought this vehicle? We just got it running. You just got it running? Yeah, I bought this at the first of last year. Okay. Give me a second, I'll be right back, okay? Sorry. Sorry. Sorry. Uh do you mind if I open the door just to check the VIN? You sure you want to? The work order they made a mistake. Did they? Yes, they did. It's right here. Oh, it's not in the door? No, it's This is an old vehicle. Old old? Okay. Can you turn off the truck for me just so we can get everything squared away, okay? Give me just a second, all right? Okay. 65278. Can you head this way? Okay. Careful. Everything's temp for, you don't have to be 33. We just got it running. We put a new engine in it. But they messed up with the VIN number. Yeah, the VIN number's wrong. They don't match. Yeah, that's what he told me. So, we tried to get a Where did you get the vehicle from? MEC uh uh on Hobbs Highway. Okay. What was your name, ma'am? Diana Murray. Diana Murray? Do you have a driver's license? >> No. Where are you guys going right now? To my house. Um well, I got to go let my daughter's dogs out. Oh, okay. Okay. On Elm Street. Okay. There you go. Thank you, I appreciate that. >> Sure. Where are you guys coming from, Escalero, or is that where you That's not Is that where you live Mescalero? >> I live on Mescalero. You guys dating or what? You guys married? Best friends. Oh, okay. Okay. For 10 years. 6572 clear for a VIN. You know, I got the title on Eubank Street. Do you? Yes. Okay, go ahead. Well, that's weird. That's why I was concerned cuz the vehicle's not yellow. Right. >> and it's not a GMC. It's a half. How long ago did you guys get it? Where did you get it? It did sit there for 2 years before we even It's been like 2 years ago, huh? Yeah. But I just got the registration um like 8 months ago, somewhere around there. Yeah, but they didn't have to see the vehicle to give you the um the tags. You don't have anything else in the car that has that VIN on there? No. No. We've been buying parts um My boy told me this is not a '98. That's what the registration says. Did you see? Well, this is an application for a truck. Yeah, that'll still have the VIN on there though. Yeah. It's the wrong VIN. That's what he told me. Yeah, that's the wrong one. I already see it's up there at the top. You said it's This is supposed to be a '98. >> 6572 Back here at my passenger side, bud. You ain't got no weapons on you, nothing like that, man? No, sir. All right, just stand right here by my tire, bud. Okay. Right there. So, I'm just concerned, man, cuz you're not You don't have the right plate on there, either. I know you're saying the DMV gave you that, but >> Right. um You're sure it's not stolen, nothing like that? I swear to God. You can It's not stolen for sure. Okay. You could call the owner um Mark um is his name, but NEC is what it's supposed to be. Okay. Yeah, that's who it is. >> It's not stolen. It came back. How much did you buy it for? 2,000. 2,000? Yeah. Yes, that's stolen. 65278 another next 50 owner clear. I've been drinking. No. Are you sure? I can smell it. A little bit. How much did you drink? Um two beers. Is it What kind of beer? It was Bud Have like what kind of Um we're going to Thompson Return to a Diana Murray friend of class David. On Thompson Negative. Thompson Road 6207 Thompson Road. Is that where you live? My shop here. I just work here. I'm on way uh would you be willing to do some field sobriety tests, man? Just make sure you're okay to drive. >> Yeah, I'm fine. Okay. You know that whenever you have a commercial vehicle driver's license Yeah, I know less, right? You know that, right? Okay. They had two Bud Lights or Budweisers? Bud two Buds, but I was working you know this whole time. Yeah. It was a 16 Were they 12 oz or 16 oz? 16. Just the big ones kind of tall boys? Yeah. Budweiser Bud Light? Bud Bud I don't know what that is. >> Bud Light. Okay. That's why I was asking I was like I don't know what that is. So why is my truck not right? Uh the DMV either messed up or the people that sold you the truck they didn't give you the right information on the other title. Yeah, my boy told me to say the VIN cuz he he had to buy a filter for it. A fuel filter? Yeah. He said. Is that the right VIN? No, it's not. It's a 6 65278 How far out are you? No, like 10 minutes. Several. 654, can you show me conducting SFSTs? 654, conducting escort at 140. Yes. Hang on just a second, okay? Can you take your hands out of your pocket for me, David? Not David, what's your name? Rudy. Sorry. I just stopped somebody named David a second ago. Yeah. You don't got a weapon or anything like that, man? No, I don't have anything. No knives, nothing? Nope. All right, bud. Yeah. Give me a break. Come over here, bud. To the hood of my car. All right. What I need you to do is you see this line right here? Yeah. Put your left foot on it. Come this way. Come towards me a little bit. Yeah. Put your left foot on it. You're on Sorry. Your right foot, sorry. I'm confused. Put your right foot on it and then put your left foot right next to your right foot next to your left foot. Stand like this. Arms down to your side. Stay like that until I tell you, okay? Do you understand? Yeah. Okay. Uh you have any medical conditions, anything that would prevent you from >> Um disabled You're disabled? Okay. Would you Does that prevent you from walking or balancing in a straight walking or balancing? Well, I never Never really tried? Yeah, kind of. I think you'll be all right, okay? Do you wear contacts or glasses? >> No. Okay. So, you don't have any medical conditions with your eyes? >> No. Okay. Can you see my finger? Yep. Okay. What on this test what what I want you to do is with your eyes and your eyes only I want you to follow my finger, okay? Don't move your head. Do you understand? Okay. All right, you ready? Okay, we're going to go up now, okay? Okay. Can you see your finger? You're good. Okay. Relax, okay? Stay exactly how you are. Okay. This next test is called the walk and turn test, okay? What I need you to do is put your left foot on the line now. Put it straight on the line. All the way back there? >> All the way on it, yeah. And you put [clears throat] your right foot in front of your left foot on that line. Does that help? Okay, we'll come over here. That way it's better. You see this line? Yeah. Okay, put your left foot on the line. Put your right foot in front of your left foot on that line. Okay. Just stay Stay like this. Put your arms down to your side. Okay. Put your arms down to your side, bud. Okay. Stay like that till I tell you, okay? On this test, what you're going to do is whenever you begin, you're going to take nine heel-to-toe steps on this line, okay? Nine? Nine. When you get to your ninth step, you're going to leave your lead foot planted and use your back foot to take a series of small steps to turn yourself around. You're going to take nine heel-to-toe steps back, okay? While doing this, you're going to count the number of step that you're on out loud. You're going to keep your arms down to your side. You're not going to stop the test until you're finished, okay? I'm going to show you a demonstration, okay? When you begin, it's going to look like this. One, two, three. Get back in that position. One, two, three. I took >> line? Yeah, you Okay. I took three steps for demonstration purposes. How many steps are you going to take? Nine. And Okay. Once you begin, don't stop until you're finished, okay? One, two, three, four, That's three. five, That's four. seven, That's seven. eight, nine, Just turn around. Improper turn. one, That's one. two, That's two. three, four, That's four. five, six, seven, eight, nine, That's nine. Okay, come back over here. That way we're out of the road. Just stand right here where my light's at, bud. Okay, put your feet back together like this. Arms down to your side. Stay like this until I tell you, okay? This next test is called the one leg stand test, okay? On this test, you're going to choose whichever foot you want. You're going to raise it approximately 6 in off of the ground, keeping your foot parallel to the ground, and you're going to count aloud in the following manner, okay? You're going to look down at your foot and you're going to count aloud 1,001, 1,002, 1,003, and so on until I tell you to stop, okay? The test is approximately 30 seconds, okay? And like I said, I know you have uh bad knees, but um just >> years old. >> pick whichever leg that you're most comfortable on that you So, you whichever foot that you choose, I'm going to show you, okay? I'm going to demonstrate. When you begin the test, it's going to look like this, okay? You're going to look down at your foot, you're going to keep your foot pointed. Keep your both legs straight, you're going to look down and say, 1,001, 1,002, 1,003, and so on, okay? We'll don't start until I tell you, okay? Well, I'm just trying to Yeah, no, I get you. I get you. So, um Things to remember while doing this test, keep both legs straight. Make sure you keep your eyes down at your feet at all times. Keep your arms down to your side, and don't stop the test until I tell you you're done, okay? And I got to pick one up in the air? >> Yeah, one approximately 6 in off the ground, okay? 6 in off the ground. You understand? You understand? Yeah, I don't think I can do it. Okay. Whenever you're ready, okay? Okay, 1,001, 1,002 Just try your best. Just try your best. 1,001, 1,002, 1,003, 1,004, 1,005, 1,006, 1,007, 1,008, 1,009 1,010, 1,011, 1,012 13, 1,014 Start over? No, just keep going. Okay. 1,014, 1,015 1,016, 1,017 Okay, bud. Stop. Okay. Okay. Let's do one more test, okay? On this test, you know your numbers pretty well? You know how to count? I think I can. You know how to count, right? >> Yeah. Okay. What I want you to do is I want you to count from the number 67 backwards to 42. Do you understand? Backwards? Yeah, 67 down to 42. >> 64 63, 62, 61 60, 59 58, 57, 56 56, 55, 54, 53, 52, 51 50, 49 49, uh 49 49 48, 47, 46 45, 43 43, 42 41, 40 39 39 38 37, 36 35, 34 33, 32 31 30 29 29, 28, 27, 26 25, 24 Do you remember what number I told you to stop at? No, I didn't. Okay. I'm sorry. All right, man. Get out of here. All right. I can't I just started to count backwards. Okay. Do me a favor, man. Turn around, put your hands behind your back, okay? No, sir. I'm going to place you under arrest for driving while intoxicated. Keep your hands there, okay? No, I don't want to get my CDL. Give me your other hand. Let me see your other hand. >> Let me see in your mouth. Under your tongue? Nothing in your mouth? >> No. 65 Central, I'll have that male 10-15 for a 10-47. If you could start me a 20-minute depth at 0150, triple I, and a Sammy report number. It's two beers. Give me a second, okay? Come over here again. Stand right here. Okay. Copy 65, your report number is going to be 0187, 0187. Yeah, I'm passing Canal Road, Lake. 10-1. You got anything illegal on your butt? >> No. No, I got some speeds up It's stuff like that. Where are those at? I don't want them to poke me. What the [ __ ] is this? Okay, just in both arms. Yeah, just Come over here and just uh step back here to my back of my unit. All right, bud. You're going to hop in here. Got you. Ooh. Oop, hop. >> All right, listen to me, Rudy. I'm about to tell you something important, okay? You're under arrest. You're under arrest for driving while under the influence of intoxicating liquors. The New Mexico implied consent act requires you to submit to a breath test to determine the alcohol content of your blood. After you take our test, you have the right to choose an additional independent test. If you choose to take this additional independent test, you have the right to a reasonable opportunity to arrange for a technician, a licensed nurse, or laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test. The cost of this additional test will be paid for by the law enforcement agency. Do you agree to take our test? I take it. What if I don't? What if 98 per hour. I cannot force you to take our test, but if you refuse, you will lose your New Mexico driver's license or non-resident operating privilege for 1 year. If you're convicted in court of driving while under the influence of also You [laughter] may You may also receive a greater sentence because you refused to be tested. Do you understand? Do you now agree to be tested? Okay. Give me just a minute. My partner's coming up. We're going to see what we're going to do with the vehicle and stuff. I'm going to talk to Diana and see if she can have someone come pick her up, okay? Put this on. Okay. Diana. Yeah. Rudy's under arrest, okay? >> For driving while under the influence of uh intoxicating liquors, okay? Did you do a blood alcohol Where I'm going to take him. He agreed to blow. He admitted to me that he had been drinking before you got with him. So >> I didn't see him drinking. That I know, but he admitted to me that he has been drinking, so >> Are you going to breathalyze him? >> Yeah. Yeah, he agreed to be tested and everything, but >> he isn't under arrest yet. >> No, he's under one once I did do the field sobriety tests, he's under arrest now, and if he blows and for some reason it's under the legal limit or anything like that, the district attorney will figure that all out, okay? We don't do breath tests before we arrest. That's not how it works. So, he's under arrest now. I don't know if you can have somebody come pick you up cuz we're going to tow this truck. >> I'll walk home. >> Okay. You're You're free to leave then. You want your driver's license back? >> him back. I heard all the tests you put him through and you know what? I'd have a hard time doing it. >> Yeah. And besides that, he has really bad knees. Um he had his legs severed almost in two in a mining accident. I asked him and he He did tell me he had bad knees, but those tests have nothing to do with That's why I did another test at the end. So. I gave him plenty of opportunities, okay? But like I said, I'm not going to sit here and argue with you. You're free to go, okay? You can get out and take off walking. >> arguing with you. Okay. You can get out and leave. I'll leave when I feel like it. >> No, ma'am, cuz we're going to tow this vehicle and if you begin to start acting like that, I'm going to arrest you, too, for resisting. >> me. Ma'am. >> I what for what? >> For resisting. I'm telling you to get out of the car. I'm towing this vehicle. I got to do a tow inventory. So, if you don't get out, I'm going to end up arresting you. >> keys? No, we're towing the vehicle. The keys are going to stay with the car. You need to get out before I arrest you, too. I'm giving you plenty of opportunities. >> opportunities. Will you roll the windows up? >> Yes. I'm not trying to be rude or nothing like that, but Can I have his keys? I'll see you. You know how to get out of the car. Thank you. You're welcome. You don't want to ride or nothing? Oh, yeah, that would be nice. You do want a ride? Would one of you give me a ride? Yeah, he'll have to give you a ride whenever we're after the vehicle gets towed, okay? But you can sit in the back of the >> I'll just walk. >> You'll just walk? Okay. Be careful, okay? Yeah, thanks. Do you want to talk to him? I would like to. Okay. I'll roll down the window for you, okay? Just stay right there for a second, okay? Yeah. I had a buggy. Can you or I can do your preliminary sheet? The problems up there is that I uh Can't run it? No, my my printer don't work. Has the breathalyzer Is there someone you want me to call or anything? They're just going to tow it someplace. They're not going to repo it. They're just towing it. You'll have to pay to get it out of impound. It's $50 a day, I think. Uh, what happens, dude, is more than likely tomorrow, it's 2:00 right now, so more than likely you'll go see the judge first thing in the morning, like 10:00, you'll get released about 5:00. So. 5:00 tomorrow? >> Yeah, they take forever. >> Afternoon? >> forever. It's not on us, that's the the the jail, so. So we see you at 5:00 tomorrow? Yeah, that's more than likely when you'll get out. It's always in the afternoon. I'm just being honest with you. I'm trying to be honest with >> breathalyzer comes back with a >> doesn't it doesn't matter. Um, is there anybody you want me to call or anything? Is there anything you want me to get out of the back of the truck? >> preliminary sheet? Is there anything you're worried What did you want What did he want you to take? Um, his bag and he doesn't want the stuff stolen out of his feet. We're going to lock it, but they're not going to do none of that. We once she's already out, we can't let her go back in. Go ahead. Yeah, she's right here. I mean, we should get her back No, we're not allowed to do that. Double check the CPD on both plates they have negative information. Check out is about 30 minutes ETA. Ten-four, I appreciate it. Okay. Yep. Well, I was in the process of texting him that when the officers and colleagues came in, so. How are you getting home? I'm walking. No, you're not. Yes, I am. They won't give me a ride until they tow the vehicle, so I'm walking. Call Anthony to come pick you. No. I'll walk. Are you sure? Yeah. Okay. All right, ma'am. Be careful, okay? Yeah. All right.