Hello. How are you? So, got a complaint about kind of all over the road and then with me too. You you went over the line a little bit back there twice. God, I'm just trying to make sure everything's all good. Where you headed to? >> Um my hotel and and um Best Western and uh >> In Indiana up here? Where you coming from? >> Uh well, earlier today I was up in Rochester, so. >> Got you. Come down here to Lake hanging out too or >> the music on the monument. It was Ian Garrett. >> Yeah. How was it? >> It was pretty cool. >> Good. It's It's nice out there. It's beautiful. It's a different >> I haven't been there for like 2 years, so. >> Okay. Sure. Have you been down here before or what not for other Yeah. Okay. And you said you're staying at the Best Western? >> Yeah. >> Okay. >> I'm right here. >> Um do you have the registration of the vehicle with you? >> It's in my >> Yeah, go ahead. You can grab it. How much have you had to drink tonight? >> Like one beer. >> One beer, okay. Was that up there at the chapel or okay. And well, how long ago did you leave at 8:30 now roughly? Like with >> 6:30, so like 6:30. >> Okay. >> Yeah, though. It took a little while to get out of there. >> Yeah. No, it's always packed up there. No, you don't got to I know I've been up there once for a concert. It's always packed. Is the car in your name? >> Um so, the registration comes up. >> No, you're fine. >> Registration's in my guy's name. >> Got you. >> Um I have the pieces of >> Yeah, at least something just to see the name on it. Make sure it's that or work too for everything. All right, Heather. Give me 1 second. I'll be right back, okay? Heather, real quick too. If you just want to come back to the back of your truck with me real quick. You can just hang out, but I I just want to run something real quick and then I'll be back out with you, okay? >> I'm just looking to see if it's safe. >> Oh, yeah. No, you're all set. Yep. Nothing, no weapons like packing knives or nothing on you like that. Okay. Yeah. No, you're fine. We'll just go right back and then you can just stand behind your truck and I'll be right back, okay? Yep. You can just have a seat right there. Lean against it wherever, the railing, anything like that. That's got to get How are you tonight? >> How are you? >> What's your first name? >> Heather. >> Heather, I'm Dan. What's going on tonight? >> Nothing. They You pulled me over. >> Okay. Anything to drink tonight? >> Uh I had one beer, yeah. >> One beer. Where was that at? >> Um before I went to the chapel. >> Okay. About what time? >> Um 3:30, 4:00. >> 3:30, 4:00? >> It was a Buddha Razor. >> Okay. What is that? Like what kind of beer? >> Um not super familiar with them, but I think it's an IPA. >> IPA, okay. >> Yeah, I think so. >> All right, fair enough. Is this your truck? >> Yeah. >> Okay. Just you in it? I can't see anybody else. Okay. All right. Well, I appreciate you being honest with me. So, what I'm going to do is I'm going to put you through a series of field sobriety tests. Okay. Do you I see you got sunglasses on. Are they prescription? No. Do you wear glasses normally? >> Contacts. >> Contacts. Do you have them in? >> Yeah. >> Are they hard or soft? >> Soft, I think. >> You'd know if they were hard. >> Yeah, soft. >> Okay. Soft. All right, sounds good. Are you under the care of a doctor? >> Yes. >> Okay. For any head injuries, anything like that? >> No, not head injuries. >> Okay. I see you're They're all just standard questions. >> Oh, yeah. >> All right. Um do you take any medications regularly? >> Yes, many. >> Okay. >> I take like 22 pills a day. >> 22? >> Yeah. >> Okay. All right. Like what? >> I take a lot of multivitamins and all that stuff because I had a gastric bypass surgery 2 and 1/2 years ago. >> Okay. >> So, I take a lot of supplements and all that stuff, but yeah. >> Okay. Any pain meds or anything like that? >> No. >> Okay. Any anti-anxiety, anti-depression? >> Um I do have some um prescription for um that stuff, but I don't take them regularly, no. >> What is it, though? >> Um I do have um like the prescription for like like a um all that stuff, but I don't I don't take it regularly. >> You don't know what it's called, though? >> Yeah, for sure. It's in my truck. You want it? >> Oh, okay. No, I don't need to see it right now. I was just wondering Is it like Xanax or something? >> I do have Xanax. >> Xanax, okay. All right. That's all I was looking for. >> .25 mg. >> Okay. >> Yeah. >> All right. And no disabilities or anything wrong with your legs? >> No. >> Okay. All right. So, first I'm going to check your eyes, okay? >> Okay. >> Can you see the tip of my pen right here? >> Mhm. >> Okay. I'm going to have you follow the tip of my pen. All right. I'm going to move it, you're going to follow it with your eyes only, and you're going to keep your head still. Do you understand? Okay. Keep following it. It's going to go back and forth a bunch of times, okay? >> Okay. >> Follow the pen. >> I am. >> No, the pen's over here. Yeah. You're looking at me, though. >> No, I'm not. It's over there. >> I'm trying to do that. You got to follow it, all right? Same thing. It's going to go up and down, all right? >> Okay. >> Okay. All right. For the next one, come out here for me. >> Sure. >> All right. Face me. >> [groaning] >> All right. What I want you to do is stand on this line here. >> Mhm. >> All right. Keep your hands down at your sides. I want you to place your left foot on the line. All right. And your right foot in front of it heel to toe like this. Go ahead and get in that position. Okay. Now, stay like that until I tell you to do anything else, okay? >> Yeah. >> All right, when I tell you to start, I want you to take a series of nine heel to toe steps like this. Okay? >> To your car? >> What? >> To your car? >> You're just going to take nine steps. >> Straight towards your car? >> Yes, towards the car. Okay, when you get to the ninth step, you're going to keep your lead foot on the ground and take a series of steps around it and take nine heel to toe steps back on that same line. Okay, do you understand so far? Okay, while you're doing that, you're going to look down at your feet. You're going to count your steps out loud. You're going to keep your hands down at your sides. And once you start walking, you're not going to stop until you're completed the test. Do you understand? >> I believe so. >> Okay, go ahead and put your hands back down at your sides. Whenever you're ready, you may begin. >> You said the left foot. Like right here? >> Yep. >> left foot to the left foot to the right. >> I'm watching you before you move anywhere. >> Yes, sir. >> Yep, we'll make sure you're safe. >> 1 2 3 4 5 6 7 8 9 That's nine. 1 >> Okay. Go ahead and face me again. Feet together, hands down at your sides, please. >> Yeah. Yes, sir. >> Okay, no, come away from the truck a little bit. All right, so what you're going to do this time, put your feet hands down at your sides. All right, when I tell you to begin, you're going to lift a foot of your choosing. You can pick left or right, it's entirely up to you. >> Sure. >> You're going to lift it approximately 6 in off the ground. You're going to keep the bottom of your foot We're watching for traffic. Listen to my instructions. >> to you. It just makes me a little nervous cuz I I'm aware of how busy this road is right here. >> Okay. Well, I want you to understand the instructions so you can do the best you can, right? >> Okay. So, you're going to pick your foot up approximately 6 in off the ground. You're going to keep your hands down at your sides. The bottom of your foot is going to be parallel to the ground. You're going to look down at your foot, and you're going to count out loud in the following fashion: 1 1,000, 2 1,000, 3 1,000, and so on until I tell you to stop. Do you understand? >> 1 1,000, 2 1,000, 3 1,000, 4 1,000. >> Correct. If at any time you put your foot down, I want you to pick it right back up and continue counting. >> All right. >> If you want to turn and face towards the guardrail or a different direction, you can do that. That's fine. >> Thank you. >> Yep. >> I have been almost hit by a one of my I've been biking before, so it makes me a little nervous. I don't know. >> Okay. Hands down at your sides. Go ahead and lift and begin. >> 1 Can I see the traffic coming? It it makes me a little nervous that there's traffic coming. Can I just like walk over there and just see the traffic coming? >> Well, I don't want you standing closer to traffic to do it. That's more dangerous. >> want to see what's coming. I just want to know if I'm going to get hit or >> watching for you, ma'am. We're not Yes. Neither of us want to get hit by a car, either. >> Okay. >> [laughter] >> All right. I don't want to get hit by a car. Like that >> Okay. I understand you being nervous. >> You see how fast the cars are moving? >> Yep. >> All right. Ready? >> Yep. Okay. Why don't you go ahead and have a seat on the guardrail for me? >> I will. >> You got it. >> Can I make some phone calls? I'm I'm not supposed to. I know you're not arresting me. So, can I to phone calls. >> Why would you know I was arresting you? >> Cuz I already saw you were going to arrest me, so >> Have I said that? >> I already know that that's what you're going to do, so I mean, I already had gastric bypass surgery, so I I mean, anything's going to make me [ __ ] blow over your stupid thing. So, I'm not going to do that your breath test. I'm I'm not going to. We can go to the the the hospital and do a um a blood draw. I'm not going to do that. >> this is just a roadside one. >> No, no. I I I refuse that because I had a gastric bypass surgery, so that will never be accurate for me. And I'm refusing that right now. So, he can put that back away. I'm just telling you that right now. So, thank you. I'm just I'm just >> So, I'll go ahead and make a determination then. >> Well, that's fine. I'm just I would like to go to >> our options once if that is the case. >> No, that's for sure. I just I would just having gastric bypass surgery I already >> How long ago was it? >> Two and a half years ago. Yeah, yeah. So, >> And are you still suffering any side effects from it? >> Oh, yeah, for sure. Yeah, I should I should never drink, but I already know that. So, yeah. >> Okay. >> I mean, even like having one like one beer at the Bluff City Yeah, it was >> Big difference than before before the surgery? >> Yes, sir. >> All right, fair enough. >> I'm very aware of that, so you know. >> Well, and we appreciate your honesty. All right, go ahead and stand up and turn around, please. >> truck off and make a few phone calls real quick before we do that because >> We'll We'll take care of all that. >> Can we Well, then will you do that cuz I I am Wisconsin, so I would like to make a few phone calls to my Oh, thank you. >> Do you have Are you staying with Is there anybody friends nearby >> No, I [clears throat] don't. I All my people are in Wisconsin. >> Do you have any prior DWIs? >> Yes. >> Okay. Where? >> Wisconsin. >> In Wisconsin? How long ago? >> Um I have one in Indiana like a year ago. >> Okay. >> And then the Wisconsin ones are probably like 10 years ago. >> Okay, but you did have one in Indiana? >> Yeah. >> Okay. So, what we'll do is this is I just have to see if they reflect over into New York State as a prior conviction. If they do, it's going to be a felony for us. I'll have to tow it. And then it can be released later on. If it doesn't count as a felony, all I'm going to do is call for the nearest available tow truck to take it back to their shop so that it's off the roadway. Because I'm >> Fear not. >> I'm not going to leave it here and let it get hit or something. Okay, no, no, no. But every anything you wanted to grab, I will grab for you. >> Okay. My money and everything. >> Money, >> So, I I definitely I got a lot of cash in the my truck because I was >> where it is and I'll grab it. >> I'm I was always concerned cuz I I have definitely been in situations before. Like I was, you know, about myself out, you know, like I'm just >> Understandable. Understandable. How much do you think you have in there? >> Over a thousand. >> Okay. >> So, I can bail myself out if I had to, you know, like in those situations. >> Absolutely. So, what we'll do is um we'll get all that for you. We will will not leave that in the car. Even if it was not for that, I wouldn't leave that much money in the car. So, we're going to get that out regardless. Phone, wallet, anything else you need, we'll grab all that and we'll get it in his car before we leave, okay? >> Okay. Thank you, sir. >> Can you take your smart watch off for me and we'll give it to him? Okay. >> Thank you. >> We just don't want to get it damaged. >> some phone calls real quick though? I mean, I know you don't like really make calls, but like >> We'll do that when we get to the office. >> I mean, so I have worked in the jail system as well as health care and the people always lie that they'll make phone calls. So, >> Well, you're getting phone calls. I don't allow that. >> Okay. Cuz I am 900 miles away from my >> I don't have say over the jail, but I've worked in the jail. I will get you a phone call regardless. That's okay. >> I do appreciate >> to get >> Cuz they they would have my my people would actually They're very concerned about me. >> Absolutely. >> And they already know that that's that there was a concern of me coming out here. So, >> Yep. Nope. As soon as we get in there, we get everything done and back to the office, I will get you whoever you need to call. I understand. >> I do appreciate that because >> You will get your phone calls. I promise you. I'll get you your phone calls. You can call. I'll get you your phone calls. >> I do appreciate that. Okay. >> All right. We're both going to shoot straight with you. You've You've honest with us, so why would I not be honest with you? Okay, so can you turn around for me? Stand up. >> Can we get my stuff out of the truck though? >> Yep, he's going to do that as soon as I get you sitting in the back of the car. >> So my So my wallet's right here. >> Okay. >> And my suitcase. >> Which is in the back? >> It's in the the green suitcase in the back seat of the truck. >> Okay. >> And the um in in the If you'll open it up in like the back seat of it. >> Sure. >> In the lid it says Johnson Bank. >> Okay. >> There's like over a thousand dollars cash in there. >> Do you want me to just grab the whole Johnson Bank thing and >> Yes. >> Is it like in a like an envelope or something? >> I'll just grab the whole thing then. How about that? Why don't you go ahead and grab your wallet out and anything else in your pockets? Okay. >> We can just >> Yep, give it to me I'll hang on to it. >> I don't have anything else. >> Nothing else? That's all you got? Okay. >> keys are I think in still in the truck. >> Yeah, we'll take care of those. I just wanted to make sure you didn't have anything in your pockets for now, okay? >> have anything else. >> All right. >> Will you please call my guy? >> Yeah, we'll we'll make sure you >> Yes, everybody will get called a unit. >> Turn your hand out this way. >> I promise you that. We don't mess around with We get We get people calls, so everybody knows where they're at. It's the last thing I want >> Both of those okay? Not too tight? I'm going to lock them down so they don't get any tighter, so just hold still. All right, we're going to walk right over here and get in the back of my car. >> Yeah, that's fine. If you will get my stuff though I will >> Yes, absolutely. >> I'm going to take the wallet and your watch with you and I'm going to go get >> Okay. >> Yep. >> All right. >> We're not going to leave you before I get all that, don't worry. >> All right, I do appreciate that. Where are we going? >> Watch your step. The second car back on the passenger side. >> Yeah, I got plenty of OWIs. >> All right, right here. >> Yeah. They just looked at my stuff now. You've been like on here unseen like for 20 minutes. Stuff up in there. >> I'll help you if you need it. >> Um >> I don't think I need it, but >> Well, I won't let you come back out. How's that, sorry? >> Sounds good. You want to just push me a little bit? Okay. >> I can do that. >> That better? >> Yeah. All right. >> Is your car locked up here? >> Yeah. >> I'll put this in here real quick. >> Okay. >> So, >> Go ahead and ask. >> I think it'll be okay, but um I'm sure I'll find it, but under like the the hidden side of the wallet, >> Under the hidden side of what? >> The wallet, there's like $300 cash, like >> In your wallet? >> Well, there's plenty of money in the wallet, but like under like where like the you would hide stuff, >> Uh-huh. >> Like where you would put your like wallet, your like, you know, casino card and stuff like that, there's another money there. >> Okay. >> For sure. >> Okay. All right, so I got to read this card to you. Okay. You have the right to remain silent. Anything you say can and will be used against you in the court of law. You may stop answering questions at any time you desire. You have the right to a lawyer and to have your lawyer Can you what? You have the right to a lawyer and to have the lawyer present with you during questioning. If you cannot afford a lawyer, one will be provided to you without cost. Do you understand each of these rights as I have explained to you? Having these rights in mind, do you wish to talk to us now? >> No. >> Okay. You're under arrest for driving while intoxicated and/or driving while ability impaired by the use of drugs. Will you submit to a chemical test to determine alcohol Let me read the whole thing. Alcohol or drug content of your blood? Now you may answer yes or no. >> No. >> Okay. A refusal to submit to a chemical test or any portion thereof will result in the immediate suspension and subsequent revocation of your license or operating privileges, whether or not you are found guilty of the charges for which you were arrested. >> That's fine, because like your states don't communicate with each other, so I've been under a suspension in Indiana for like 7 months and you ain't even communicate with us. >> Wisconsin, so it's fine. >> Okay, I got a little bit more on the card. >> That's fine. >> Your refusal to submit to a chemical test or any portion thereof can be introduced into evidence against you at any trial, proceeding, or hearing resulting from this arrest. >> on my shoulder. What's going on? >> Yeah, there's a bug crawling on your arm. Soon as I get out of here and turn this light off, they should go away. Will you submit to a chemical test to determine the alcohol or drug content of your blood? >> No. >> Okay. >> I already told you that. >> I know, it's on the card twice. I'm just reading It's a standard card. I know you told me. >> Heather, where did you say in the suitcase it was again? Which pocket? >> Um it's in the If you open up the suitcase or like there's like a It looks like a video camera. >> Okay. Is it the biggest pocket or in the middle? >> No, if you If you open up the whole camera, like the whole suitcase, >> Yeah. >> it's in like the inside. It says Johnson Vape on it. It's like Yeah, it's a small white thing. But it's in like the inside of the suitcase. >> All right, so I just want to double-check something with you, okay? >> Yes, sir. >> You said you're refusing the chemical test. That I just want to make sure you understand that includes blood and breath. Are you refusing both? >> No, I will do the blood. I will not do a breath though. >> Okay, so if I take you to the hospital, you will do a blood draw. >> Yes, sir. >> Okay, I just I don't want to go down there and then have you refuse and waste the nurse's time. Okay, I just wanted to clarify. So you will do blood. >> So what time is it right now? >> It is >> I need a time. I need a Some type of restraints. I I definitely need to understand like the restraints of where we're at. It's like 20 21:20, right? >> It is 9:00 right now. >> So 2100. >> Yep. >> Um I don't think it's in my best interest to do that right now. >> To do the blood? Okay, but it's up to you. I can't make you do anything. So I just I just need to know where you're at so I take you to the right place. >> Correct, sir. >> So you want to refuse both of them? >> I do, but if you have to take me to the and get medically cleared, we then we have to obviously stop at the jail on the way. >> That's not what I'm asking. We don't have to go to the hospital if you're willing to do blood. I will take you to the hospital, but if you're refusing both, then we just go to the jail and you refuse again there when they read you the card. >> So, how do how do your systems work here in New York? 12 hours and out? >> So, you would be sitting until 8:00 a.m. until a judge comes in for central arraignment at our office. >> Okay. >> Okay. >> like to do that. >> Okay, so refuse both tests. You want to go to the jail? >> Yes, sir. >> Okay, fair enough. >> Thank you. >> Yep. Lean back and grab your seat belt. >> You want me to step out? >> Yeah, go ahead. All right, walk right over to that officer there. >> Okay. >> May I have your purse? All right, I just have to do a quick pat down on you. >> No. >> Do you have anything in your pockets? >> Mhm, I think they took my truck keys out of my pocket. It was in my front right pocket. >> Okay. >> So, I'll grab it. >> All right, thank you. And just a quick mouth check. Okay. All right. >> [snorts] >> Okay. It's okay. The minute Stop. Do you have more time for your personal belongings in the car? >> Yeah. >> Okay. >> Do you have anything in your pockets? >> No. >> Okay. You said DWAI? >> Yeah, felony. >> Felony? >> That other one does count. He just called me on the radio. >> Oh, okay. >> All right, she's going to be here. >> I know. >> Okay, come on. >> You got this one? >> I'm good. So, where's my chopping toy? >> There's not a tow on the scene yet. I'll let you know. >> What's the tick so long? >> We got an accident going on, too, so. >> So, it's like a 12-hour like hold and then process or whatever and then >> Not a specific time, just until cap in the morning. Not a specific time like hours time, it's till cap in the morning at 8:00 a.m. Go ahead and stand up. Please wait for me. I'll take the cuffs off for you. >> Can you spell your uniform? >> What did you say? >> Can you spell your uniform? >> H E A T H E R Jensen. >> Can you spell your last name? >> J E N S E N. >> Can you spell your first name? >> H E A T H E R. What did they arrest me they surely told you that [ __ ] >> You said J E N S E N. >> You want my driver's license cuz they already provided that [ __ ] to you, so. >> I don't need your license number. I just need your last name. >> He's just got questions he's got to ask you. I have your driver's license for the paperwork, ma'am. >> So, why does he keep asking me the same questions that you already have answered? >> He says he has a job to do, too. >> Well, I'm not going to provide the survey breath test if you're not providing that information. >> Look, he's got to ask you the questions and then you say the answers just like you did to me. I told you they were going to read you the same card again. >> You're under arrest for driving on a toxicant or driving while ability impaired by the use of drugs. Will you submit to a chemical test to determine the alcohol content of your blood? >> No, sir. >> A refusal to submit to a chemical test or any portion thereof will result in immediate suspension and subsequent revocation of your license or operating privilege whether or not you are found guilty of the charge that that you were arrested Your refusal to submit to a chemical test or any part portion thereof will be can be introduced in evidence against >> Well, it's hard to understand what you're saying cuz you can't speak English. So, it's a difficult situation to understand when you you're having a hard time reading what you're on your paperwork that says so. If you'd like to start again, I would like to hear you. >> Okay. >> Thank you. >> [snorts] >> A refusal to submit to a chemical test or any portion thereof or is result in immediate suspension and subsequent revocation of your license or operating privilege whether or not you are found guilty of the charge which you were arrested. Your refusal to submit to a chemical test or any portion thereof will can be introduced in evidence against you at any trial proceeding hearing resulting from this arrest. >> That's fine. Thank you. I appreciate it. >> Your license will go in your property as soon as I'm done with my paperwork. >> has kept my license for a year and a half and they have not handed it back to me. >> I will not keep your license. It will be back with your wallet and your other property. >> Shirbul has kept mine for a year and a half and I had to get a new license cuz they just want to keep a license. It's it's a trophy for them. >> I don't want your license. >> Well, Shirbul, Indiana has apparently thought it's a trophy for them. So, I literally had to get a whole [ __ ] new license for the state of Wisconsin cuz Shirbul thinks it's a trophy. But, they ain't doing [ __ ] So, it is what it is. So, don't make my license a trophy cuz I promise you I'll get a new license for $3 from the state of Wisconsin. >> You will get it back tomorrow. >> Thank you, sir. Do appreciate it. >> Uh you're under arrest for driving while intoxicated or driving while ability impaired by the use of drugs. Will you submit to a chemical test? >> No, sir. >> Determine the alcohol or drug alcohol or drug content in your blood. >> No.