driver just hit
the dividing line on the left hand
side now I'm conducting the traffic
stop 05
traffic related 104 BD 28 Robert King
Young 354 we'll be at Main and
po hello ma'am all right my name is
Sergeant Ree of Rous Police Department
all right the reason why I stopped you
this evening was due to the fact that we
got a call of a vehicle that was
swerving in the lanes okay and running
about a couple Red Lights by an
ambulance okay all right they came back
they gave me license plate number and
they came back to your vehicle all right
I did observe your driving habits for
from all the way to the base until now
okay and what I was able to observe I
was able to observe your vehicle swaying
from left and the right until while
you're in your lane and then you were
only going approximately 30 mph in a 50
mph Zone
okay all right so from what I can see I
can see two shot glasses sitting right
here on your center console all right
and I can detect the aroma of alcoholic
beverages emitting from the vehicle I
mean you could all right is your vehicle
in park
ma'am okay all right you mind stepping
out the vehicle for me
all right mind come walking over here to
the side of my
vehicle all right so first off what's
your name man Ashley
Ashley right so you're not even 21 yet
huh no all right so where are you coming
from tonight um I literally just dropped
off a friend off home like I'm lit going
home right now like I have my sister's
friend home CU it's her birthday and she
okay where are youall coming
from um no I was L dropping off my yeah
I understand you just droing them M but
where youall coming from before you
dropped them off where Seventh Street
7th Street okay all right so I need you
to be very honest with me now have you
had anything to drink tonight you have
yeah okay what have you had to what have
you had to drink like three shots three
shots three shots of what
um like was it vodka whiskey bourbon Mix
tequila yeah okay is that the only you
had tonight yeah that's okay how long
ago was that maybe like an hour ago
maybe about an hour ago yeah okay all
right man would you be willing to uh
subit into a series of fil SAR test for
us yeah yeah okay all right do you think
it going to be better right there on the
sidewalk out of the street
guys just do right over here okay okay
I'm officer with the Ros Police
Department I'm going to conducting the
fil vary test on you you already said
you've had three shots in Tequila a few
hours ago just kind of do follow up with
you how old are you uh 18 18 so
obviously we've turn off the lights no
lights are impairing you right now you
can walk stand balance everything is
good you have no surgeries no problems
nothing like that have you ever had a
TBI you don't know what it is you
probably never had it do you wear
glasses or contacts nothing like that no
head head injuries or anything okay so
do is just come over here where we have
like an actual line to work off of so
we'll be using utilizing this in a
little little bit sooner but You' say
the ground is flat yeah no no problems
no curves or anything weird okay and you
say the environment's good yeah right
okay if you want to just step down so
you don't fall off the curve or anything
so I'm going to have you do is I'm going
to have you put your hands to your side
I know it's cold but we're just going to
try to get through this as fast as
possible so put your hands to your side
put your feet um heels and Toes together
like that looks great and what I'm going
slightly put your um jaw up just
slightly so I can not that too much just
a very little bit so I can actually look
at your eyes so that's what I'm doing
right now I'm to catch your eyes okay
you have any questions so far you
understand all the instructions that
I've given you you understand all the
instructions that I've given you
understand okay keep your hands to your
side what you're going to do is you're
going to follow the tip of my finger
with your eyes and your eyes only do not
move your head okay you understand mhm
okay I'm try not to Blind you I just
need to look at your eyes
okay on s i to do one more thing but
still still stay in the starting
position for me okay
36 can you not ssft is have beg
gun okay so what we're going to do is
we're going to usize this line right
here oh wait there's a little crack
right there so we have let's go over
here cuz it's actually going to be
really flat you don't have this big
crack cuz I don't want to have any
problems that you Comm um conducting
this test okay once again I'll ask you
no problems balancing nothing wrong with
your legs nothing like that you can walk
run everything just fine okay so what
I'm going have you do is you're going to
get to a starting position like you were
before feet and Toes together hands to
your side you're going to put your left
foot in front of your right foot like
this should look like this okay mhm so
what you as you can you put that
together yeah it should right in front
of you no no no no don't don't be until
I tell you to oh I'm sorry so once again
back to the starting position put your
left foot in front of your right foot
like heel to toe and you're going to try
to be on that line as straight as
possible yeah that let's stand that
starting position do not move until I
tell you to you understand everything
I've instructed you to do so far yes
okay so what I'm going to have you do is
take nine Heel To Toe steps forward keep
your lead foot planted take small
consecutive steps to turn around and
take nine Heel To Toe steps backwards
not like backwards backwards but
returning back into this position so I
will give you a demonstration to make
sure you completely understand okay I'm
going to take three for demonstration
purposes you're going to take nine okay
you understand everything I've explained
so far I understand okay so should look
like this
as you're counting out loud you're going
to stare at your feet one 2 3 I took
three for demonstration purposes okay so
as you keep your lead foot planted turn
around taking the small consecutive
steps one two 3 does that make sense so
you understand everything I've explain
to you nine heel to steps forward
counting out loud don't start until I
tell you to nine heel steps forward
counting out loud keep your lead foot
planted turn around picking nine heel
steps um back okay any questions you may
begin okay so back on the back right
here just off the P off the sidewalks I
don't want you to fall anything so once
again um well I'm just telling you this
cuz I don't want to see you fall
anything that's why I'm telling you so
um back in the starting position hands
to your side feet together so I'm going
to have you do a foot of your choice
you're going to balance it approximately
6 in off the ground parallel to the
ground while looking at your foot you're
going to count out one Mississippi two
Mississippi three Mississippi so on and
so forth until I tell you to stop okay
does that make sense yes you understand
all the instructions that I've explained
to you I'm going to give you a
demonstration and then you may begin
what I tell you to okay okay so look
something like this one Mississippi 2
Mississippi three Mississippi and so on
and so forth you understand everything
I've explained to you okay so a foot of
your choice you may begin when I tell
you to you may
begin how many times you want Count
you're just going to count out until I
tell you to stop and you're going to
keep your foot approximately 6 in off
the ground and then it's about the size
of a coat can and you're going to keep
it parallel to the ground any questions
you may begin when you're
ready I don't know you're wanting me to
go
okay so I'm going to explain it to you
one more time so what I need you to do
I'm like waiting for you I'm sorry I'm
like waiting for you to count but I
don't know no no what I'm asking you to
do again you're good what I need you to
do is as you're in the starting position
you're going to bring up one foot of
your choice approximately 6 in off the
ground parallel to the ground and you're
going to count as you're looking at your
foot should look something like this how
long do you want me to count one
Mississippi two Mississippi do you
understand everything two two times no
you're going to count until I tell you
to stop I'm that's what I'm asking yes
you're going to count until I tell you
to stop there is no there is no number
Point that's what I'm asking calm down
I'm not going to argue with you I'm not
argu I'm not arguing I just want to know
like I'm not going to be sitting up here
like obviously on the floor if I just
keep standing right there like that's
the point of the test is that I need you
to keep your foot above the ground 6 in
and hold that until I tell you to stop
does that make sense your leg is fully
extended with your foot point it towards
the ground does that make sense now okay
so look like this you that for me I'm
[ __ ] freezing too like we're almost
think I'm not going to tell or something
like I'm we're just as much as you are
I'm not even wearing a jacket so I I
understand how you feel so what I'm
saying put your hands back to your side
get back in the starting position and if
you can do that for me do you understand
the instructions that I've already given
you okay you may begin when you're
ready like I cannot stay balanced like
that even if I was okay that's fine so
what I'm going to do is an alternative
test for you so what you're going to do
is you're going to get your hand
hand of your choice you're do 1 2 3 4 4
3 2 1 you're going to do that three
consecutive times okay 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 so
one more thing I going have you do is
just step forward about right here what
I'm going have you do is can you make a
prayer sign for me like this so what
you're going to do is you're going to do
that behind your back and just slightly
Lean Forward okay okay should look like
that and you're going to hold that for 3
seconds
are you handcuff yes you're getting
handcuff why turn around turn around
turn
around
why BR why are you you're arrested
you're under arrest for what for driving
the inflence of intoxicated liquor or
drugs not B my [ __ ] arm don't ask my
arms bent like that okay are you done
don't don't don't do that don't do that
again okay do not do that again that's
while your arm is bent like that okay
okay stop it stop it calm down we're
just going to put you in C stop tensing
up nobody is tensing you are you're
trying to pull away you're trying to
pull away stop pulling stop pulling away
okay just
relax okay yes you're under arrest for
drinking and toxic cooperating motor
vehicle under the influence of a
toxicity liquor or drugs okay so you are
going to jail right now
can I like go talk to the stop I'm not
going to ask you again stop it I being
respectful with you no you're not
because I wasn't even yes you are you
you did not perform the test you are
obviously Under the Influence whatever
bro stop
it can I like call someone we'll worry
about so so the more that you make this
harder on me the longer this will take
calm down and
relax and we will get out of this
okay stop tensing
I'm trying to get the Handcuff set so
you don't get hurt you have tiny hands
already hurting me you're already
hurting
me stop it I trying to what the you want
try to fix your oh my God I'm literally
trip because I wasn't even I'm not
anything to you I'm trying to tighten
your cuffs correctly I am trying to
tighten your cuffs correctly you're
literally hurting my hands right now
like my hands hurt like I was chilling
before like you're hurting my hands a
hurting my hand I'm not even touching
your hand you are though like you touch
it's the Handcuff it's the Handcuff
okay calm down I'm just trying to set
the handcuffs so they don't tighten up
on you you're literally like hurting my
hands right
now I'm just trying to make sure the
handcuffs are lock correctly you're just
ping my arms like harder like you're
hurting me can you give me some
mic oh my God you're literally
tightening them more so I I can fit
almost three fingers in there you were
fine can you yes Al record this three
fingers can fit in it right now tining
it
more
C okay we're going to go to my unit over
here hey can you stop pulling on me I'm
leading you already in the hand leing
the my you are fine if I can fit three
fingers in there you are fine okay and
you're hurting my arms I will never have
Mar I'm not hurting your arm all right
okay cuz you're stop acting like a child
you're fine oh and you're not you're an
adult and you're not you're an adult and
you're a child right you wanted to make
adult decisions now you're going to jail
all
right should
be all
right okay take a
seat 15
do you have anything on you cuz I know
that we pulled you we don't have
anything
on I have to ask these questions reason
so I'm just going to use the back of my
hand just to patch it down okay so if
you have anything in apartments or
anything what I'm using the back of my
hand just to make sure what's this I'm
thinking this one okay is it just um
tobacco okay so that can't go to Cy with
you so that's going to end up get
trash
[Music]
I okay take a seat right there
actually I'm going to read something to
you real quick and then we'll go for
that
so like the girl that I was with is she
going home or what yeah she's going to
be picked up by your I guess your family
I heard your brother was getting getting
over there to pick up the vehicle and
stuff that's what I was being told so um
listen to me I'm about to tell you
something very important I this is
something that I have to recite all
right under arrest for driving under the
influence of intoxicating liquor or
drugs the New Mexico compli consent act
requires you to submit to a breath test
to determine the blood alcohol content
after you take our test you have the
right to choose an additional
independent test if you choose to take
an additional independent test you have
the right to have excuse
me if you choose to take the additional
independent test you have the right to a
reasonable opportunity to arrange for
physician licensed nurse laboratory
technician or technologist who is
employed by a hospital or physician of
your own choice to perform this
additional chemical test this cost of
the additional test will be paid for by
the law enforcement agency that would be
yes do you agree to take a breath test
no no okay I just have to read that to
you so that's something that has to be
done going to come over there up
and if I did agree to it so if you don't
agree to it basically okay I've never
done this before so if I did agree for
you to breiz me what would happen um all
it does is tell us the blood Al content
of um your blood just tells us how much
you've had to drink yeah and then but if
you don't do it then it turns into an
aggravated
DWI so so if you like take my breath
right now and if I don't pass what will
happen so if you blow and it's under the
legal limit then you could be and that's
up to me on what route that we go it
just depends on your level of impairment
if you blow over the um the legal limit
then yes we're still in the same
situation if you refuse to blow then it
turns it into from a DWI into an
aggravated DWI okay then I guess I'll
okay cuz that's going to be the same
[ __ ] Wai um it could be different like I
said I mean if I like don't pass it
either it's going to be the same thing
if I don't
it yeah if you don't agree to it it
actually upcharges so if you don't do it
it turns it from a DWI into an AGG D
there's a whole separate section that I
I would also read to you that explains
that to you do you understand everything
do I need to read the separate section
for you no so you understand everything
so that explain to you okay so what
we'll do okay I'm just saying if I I
like blow right now and if I pass it
what that that determines first we have
to do a 20-minute deprivation period and
after the 20 minutes then you can blow
it'll tell me your alcohol content so if
you weren't affected that much and you
blow really low numbers then that's good
for you that helps you in court but
that's I can't really give you legal
advice or tell you what not to do and
what to do all I can tell you is saying
if I like blow over then you're just
going to keep me in there or what if you
blow over obviously you're driving over
that's what I'm asking yeah that's what
I'm saying if you blow over obviously
you're driving over the Leal limit so
that if I blow under no so if you blow
under then that's up to me so then that
would be something that I'd have to look
into but obviously these these tests
that we put you through kind of are
usually designed to tell us that you're
over the limit and that's so um do do
you still want to take the breath test
okay so I'm going have you do is just
we'll have you sit over there real quick
um like I said The more compliant you
are the the we won't have any kind of
problems okay
so let me just take off one cup I'm
going to hook you to the bench
okay
it's yeah is that good that comfortable
okay
and then after after we get done with
the breath test if you need water or to
use the restroom just tell me
okay one do is take a deep breath and
then just blow until I tell you to
stop need you to
[Music]
blow keep blow
hard okay if you're not blowing hard
enough then this won't work so I need to
take a deep breath and blow as hard as
you
[Music]
can that's
good
[Music]
okay once again deep breaths slow as
hard as you can okay later bud
okay deep breath so you're going to go
until that that noise stops so you need
to blow as hard as you
[Music]
can if you don't blow correctly it won't
work what do you mean it's not so it's
much air as you can put onto that tube
and deep breath and then
[Music]
blow you did it last time you did it a
few minutes ago you're like squinching
your lips for some reason I need you to
like put your mouth on I literally just
did it right I know but you're not doing
it the same so I need you to blow as
hard as you
can okay you're still to BL as hard as
you can me what am I supposed to do put
your lips actually blow yeah blow as
hard as you can and put your entire lips
on
there there you
go deep breath though cuz you need that
work worked I was like get stoed yeah
that'll
work
down okay we're going to go put you in
the C I'll try to get you out of here as
fast as possible okay just want to come
this
way you don't need water or anything you
use the
restroom here
[Music]
Qui go right now
or like if I do I'm just going to be
over there right all workout and I like
scream at you you scream at me scream at
me to say something I'm usually
listening so just say like hey and if I
don't hear you get a little bit louder
but I'm usually listening cuz we have to
make sure you guys are okay we have
cameras watching the whole time so
anything don't hit to call
can you uh sit down for me please you
got the
Handcuff sit down and put your feet this
way what am I doing say
[Music]
down no
laughing put your down
lay all the way down all the way down on
your stomach
no this is for
your told M stop a hand clap you're
hurting your wrist and this is for your
safety oh yes see you're scared I'm
going to do something later no I'm not
scared to do something I don't hope you
yourself you multiple times
here you going to C her up front or what
yeah we'll
[Applause]
[Music]
[Applause]
C okay can you do it any harder
again all TI down your hand
okay can you chill like you're hurting
my arms well if you stop moving maybe it
wouldn't
hurt oh my y are so can you chill like
you're making me feel
uncomfortable you might have to C her in
the back cuz I can't get this carab okay
we'll just do that all
right there's no way you'll feel that
that typ way
nothing about contact just worry about
your safety there your my no definitely
your safety
I
okay can you chill nobody is
UN f is wrong with you nobody's
I don't know if these handcuffs are
going
to
[Music]
now got I'm done
finish with the Rapster yeah you want
sh we forgot the
the all right go ahead and lean forward
as far as you
can can you
chill can you what the is wrong with you
guys
[Applause]
you're literally Hy
go around
I got it here we go
you lost your
helmet okay I'm try to grab you out
okay what off
right here
to your
stomach so I can get this off
you you R back
over okay
ready there you go see right there
[Music]