one Zero's
traffic very
good uh let's see South Meadow is right
by the elementary school uh commin
ra New Mexico boy Young Adam boy 1 n
it's a Jeep red and colored occupied
looks like one time
o wrong
window may I see your driver's license
registration and proof of insurance
please thank
you you guys doing it right tonight yeah
we're we're like kind of lost oh where
you going to
um we're going to downtown downtown yeah
so we're it's it's kind of dark yeah
we're not from here I'm not from here
yeah you're not from here where you from
I'm from Espanola oh Chima Chima Chima
huh yeah you're from coochi yeah got you
got you hey so the reason why I stopped
you is on that roundabout you almost hit
the curb there and then I was behind you
you were kind of drifting and crossing
the lane a little bit okay yeah like I
said like it's kind of dark so like
we're kind of like where are we going I
got you I got you how much uh alcohol
have you had
tonight um I had one drink just one
drink okay about how long ago did you
have that drink um that was probably
about 4 hours ago about 4 hours ago okay
yeah for dinner for dinner okay so it is
about uh it's midnight almost yeah what
time was dinner uh about 6:00 p.m. about
6:00 p.m. and what kind of drink was
that um it was was a
um it the um aios an Adios okay I got
you all righty cool cool do you mind if
I see your keys I'm just going to go run
your information and I'll be right back
with you
okay thank you so much I'll be right
back with you all right thank you yep
[Applause]
[Music]
go to
one go to your one so you're not
flashing up
top all right you're
good you rolling yeah
so I observed him back there around the
roundabout I saw that she almost hit the
curb okay um as she was taking the
roundabout as I was following her down
here she was kind of fluctuating speeds
between 20 mph to like 24 mph she was
drifting from Line to Line she crossed
over the line on each side uh multiple
times made contact with them I mean
pulled them over made contact as I
pulled them over she turned uh came to a
stop and then turned on her turn
signal um may25 with him immediately
smelled an odor of an alcoholic beverage
bloodshot watery ey slurt speech um I
asked her where she was heading to she
said she was trying to get to downtown
she couldn't really see um she said
she's consumed one alcoholic beverage
about 4 hours ago with dinner um the
alcoholic beverage that she admitted to
consuming was called an Adios or
something like that um but very th uh
thick and slur speech um slowed
reactions um so that's pretty much where
I'm at with that if you want to make 25
up there and come come to your
conclusion and then I have my lights set
up for your fields
on your other
side how's it going maam Hi how are you
good okay um do you mind just stepping
out of the vehicle I'm going to do some
sanitized filed sobriety tests on you
okay just from what my partner said um
my my leg is
um um my ligament are torn so I can't
we'll talk about that here out here so
um but if anything um she can drive
okay so to my understanding you had the
drink about 4 hours ago yeah at dinner
at dinner yeah okay a margarita a
margarita yeah okay just one yeah all
right going and step out for
me any weapons on you no
and then just face the car for me I'm
going to pat you down okay
quick all
right all right let's go ahead and step
this
way you said you had a torn ligament
yeah um the ligaments in my knee are are
torn so like I'm kind of like limping
you're limping when did that happen um
that
was mid
September mid and then I had to have um
knee surgery okay and you had the knee
surgery done not yet cuz I go to school
so um so I planted it for like December
like December
yeah do you wear contacts no no other
than the knee problem do you have any
other medical conditions that'll prevent
you from um standing for a long period
of time or walking in a straight
line um my um my heart is kind of has a
um
um uneven like arithmetic to it so okay
yeah well so the first the first test I
will do you're just going to be standing
there and you're going to keep your
hands down at your side like that that's
about it okay we'll go stand over here
out of the roadway if you want to come
this
way oh
okay okay just put your feet together
like that put your feet together where
they're touching I'm sorry like was like
the best I can do okay hands down off
your side okay don't move from that
position all right this first test uh
pretty simple you're just going to
follow the tip of my finger with your
eyes and your eyes only do you
understand that yeah okay um again it's
just the tip of my finger don't move
your
head all right and then we'll begin okay
okay and we're just going to do the same
thing but I'm going move my finger up
and
[Music]
down all
right
um so you can't walk in a in a line or
stand for a long period of time is what
you're saying okay so we'll do a
separate set of uh tests for you okay do
when's the what's the highest education
that you've
completed um the years of um Criminal
Justice Criminal Justice okay um what do
you do for work huh what do you do for
work um I work at DC what is
that Community College okay what do you
do there
the register office register's office
yeah okay does your job require you to
walk
around um so
they actually um made like a little job
for me so I don't have to walk at all
yeah but you're not in a
wheelchair I was on a wheelchair for 3
weeks right now though but not right now
no and you're able to drive
yeah so then your your feet and your
legs
operate not that good okay
no not that how do you get in and out of
the building huh how do you get in and
out of the building where you
work I have to walk about like 15
minutes to get in okay so you can walk
then yeah but it's
hard but you but you were capable of
doing it right cuz you you have to walk
to get into your job yeah cuz I have the
um the um handicap hacker okay but you
do have to walk to get to where you work
okay so
okay so but
I I'm not starting until
tomorrow that's my first what are you
not
starting my workday my first work day is
tomorrow okay so I have
haven't walked I haven't done any of
that but you are going to be required to
right um no my
um my Superior said
um if I can't you know walk or whatever
then um I'm going to be answering phones
at my house like um remotely
okay well so tomorrow is kind of like a
test day okay well we'll take all that
into account okay okay so we'll continue
on with the the test okay and this is
just walking in a straight line and then
also um balancing on one foot of your
choice okay so your hurt leg you can
stick up I can't all right I can't do
that I I already opting out of that okay
cuz I
I I really can't leg is hurt this one
and the um the ligaments and then if I
like go on to one it um goes out of
place now both
ligaments
okay I can give you
the I can give you the um well so we'll
try the we'll try thean we'll try the
walking portion okay yeah and we'll do
other um tests after that okay just so
you can show us that you're capable of
driving that vehicle and operating it
okay no so so let's start so so what I
said was like um yeah I did have um a
margarita with my dinner but she is
um okay she's so let's let's just
continue hard and capable of like let's
continue the test okay so you the one
operating you were the one operating the
vehicle okay so this is what we we're
going to do now with you since you were
operating the vehicle okay does that
make sense to you yeah okay um go and
put your hands down at your sides get
them out of your pocket um and put your
right foot in front of your left
foot heel to toe I can't we
can't so is this bothering you standing
here we've been standing here for I'm
like kind of like this okay yeah because
and then if you look at it can you put
your foot it's like it's it's really
swollen from that side because okay well
I'm not a medical professional so I
can't I can't really tell the difference
I'm sorry like okay it's my leg okay can
you at least attempt to put your right
foot in front of your left foot touching
your heel to your left
toe so your right foot yeah okay
this is as far as I can go okay can you
imagine can you walk on this line here
so put so put your no hold on I'm not
hold on let me explain it to you put
your left foot on this
line and put your right foot in front of
the your left foot I can't you can't do
that
okay I'm not making it up okay it's my
knee so how are you able to drive then
safely if
you are having issues with your
leg because my knee isn't the one that's
driving which leg is it this one which
is
what huh which leg is it my left
leg okay and then if you if you drive
you drive with your right side not your
do you have like a doctor's note or
anything that is allowing you to drive
with like I can I can look on my
phone you would have a it would be paper
it wouldn't be on the
phone I don't carry that with me the
whole time we can go to
Presbyterian they have my records over
there I had a surgery just in
June
okay so are you refusing to do the test
then I'm not refusing I I can't do it
because my leg I can't
like I
can't balance myself
Okay and like I said when did this
injury happen
again that was in September September
yeah okay and then my surgery isn't
until um late
December
okay what what day on September did it
happen um September 20th what did you do
Ure your leg
so at my house it's kind of like this um
there's a second um step and there's um
it's um
bricks and so I was standing there
waiting for my puppies to come back in
from using the take your hands out of
your pockets
please from using the
restroom and then so I was standing
there and then it just slipped out and
okay and then my I twisted my ankle and
then I hit my
head and then
my left leg went this
way okay yeah it was a big old thing
where were you where were you having
your margaritas
tonight where were you having the
margaritas
tonight oh
um the one by P
place what was it
called castros castros
yeah okay so you had to walk from the
parking lot into the restaurant right
yeah okay so we're going to continue
with the test and do what you can okay
so go ahead and put your left uh left
foot on that line there that you see
right here no I wouldn't use that that's
not even oh okay actually let's come
this
way I want you
to imagine a line the W width of your
foot a straight line okay so just walk
straight no and let me explain the
directions to you and then I'll tell you
when to start okay does that make sense
to you okay put your right foot in front
of your left foot touching your the back
of
your so you can't do that at all
I need you to try do it as much as you
can okay we'll take into account the
injury so put your as much as I can do
it right
foot this is toe I can do it that's all
that's all you could do yeah
okay all right I'll continue the test
then um you're going to imagine a
straight line you're going to walk nine
Heel To Toe steps looking down at your
feet you're going to count out loud
hands down at your side at the whole uh
the whole time don't start the test
until I beginning I'm going to
demonstrate the test for you okay one 2
3 I did three steps you'll take nine
with your lead foot you're going to keep
that lead foot planted and take a series
of small turns and count one two three
again I did three steps you will take
nine steps okay sorry but
like I'm going to
do as much as I can okay well don't
begin the test um do you have any
questions before we start this
test does it count me
off does it count you off yeah like like
me not being able to do it we we'll
we'll continue with more tests at the
end but again a nine Hill to H Heel To
Toe steps don't start the test
yet you're going to look down at your
feet and you're going to count out loud
and do not stop the test until you are
complete okay you may begin
one
2
3
4
5
6
7 8
9 all right all right the next t uh test
is called the one leg stand with the leg
of your choosing get to choose whichever
leg I can't you're going to lift your
leg about 6 in off the ground
perpendicular okay I can't do that both
legs
straight okay at least at least try
choose choose one leg of your choice
okay I can't I
can't so you don't want to do this this
test I can't do that one all
right can you my leg any choice of or
leg of your choice okay I can't okay all
right and you said you work at a college
right now yeah
okay I um go to school for full-time um
criminal justice and all right um I go
to
school I'm just going to explain this
test to you okay
um at least try to complete it if you
can again we'll take in to consideration
your injured leg all right um You have
been standing there for quite some time
now that we've been talking to you yeah
um so my um just keep your hands down at
your side for me I'm going to
demonstrate this test for you all
right um let me know if you have any
questions again don't start this test
until I tell you to start all right I'm
going to go ahead and demonstrate it
okay you're going to lift your leg
approximately 6 in off the ground
whichever leg that you want all right
keeping your hands down at your side
looking down at your foot I can't do it
so is it already against me that like I
can't do it okay do you want me to
explain the test to you so we can finish
this okay go ahead okay
sorry again the leg of your
choice all
right 6 in off the ground perpendicular
which flat to the ground 1,1 1,2 13 and
so on until I tell you to stop okay I
can't I can't do that
okay so you don't want to do this one I
can't do that you can't do my um my
doctor told me that
um are you on any medication right now
no no nothing for pain
M my doctor told me to stay off of my
leg as much as I can until I get my
surgery okay because all the ligaments
in my knee are
torn one
sec so you're not going to do that
test I can't you can't do it
okay you want to attempt it I I you
don't want to attempt it I'm telling you
I can't because if I try like do you
want to attempt the test yes or no you
don't want to attempt the test I can't
okay just move on to your Alternatives
so you have your finger dexterity your
alphabet and your number test okay do
you remember those three uh yeah so what
is
it so the finger dexterity yeah 1 2 3 3
2 1 and then your your uh alphabet just
you know you start in a number and you
end on a I'm sorry you start on a letter
um and then you end on another letter
right so trying to have in between the
LML P right make sure they don't sing it
or anything like that
um and then the number test 15 numbers
pick a number have them count backwards
to 15 um don't start on any EV or have
them end on any EV right so start at an
odd try and end on an odd or vice versa
okay okay we're doing
good okay so we're just going to do a
couple of different tests for you okay
well at least three of them
um education you've had some college
right you know your
alphabet yeah okay do you know how to
count to
100 1 to 100 do you know how to count to
100 yes or no yeah okay all right so I
want you to count backwards from
47
to
27 47 46 45 44 43 42 4 31 40 39 38 37 36
35 34 33 32 31 30 29 28
27 okay and the
um and then the alphabet I'm going to
have you start
at let's
see start at H and then I want you to
end at s
h i j k l m n o p q r s okay and then
this test you just pay attention to me
okay we're going to do three passes with
this test look at my
fingers one two
3 wait what is
it 1 2 3 4 and then 4 3 2 1 that's one
pass okay you're going to do that three
times 3 4 4 3 2 1 so you're going to do
that three times 1 2 3 4 4 3 2 1 don't
start the test yet I'm explaining it to
you 1 2 3 4 4 3 2 1 that's one pass I
want you to do that three times okay 1 2
3 4 4 3 2 1 one 2 three four 4 3 2 1
three 4
4
okay all
right so go and face face the car I am
placing you under arrest okay you're
under arrest for driving Under the
Influence I'm going put you in double
cffs I think
walk up to this car um can you get my um
we'll talk about that in a little bit
okay
[Applause]
go and step
up I got
you can you let this one no go and step
up I can't you can because you get in
your Jeep so yeah that's that's why I
have to pull myself in my into my Jeep
okay well we'll help you but you're
going to have to
[Applause]
stop ready 1 2
3 stop use your
leg come
on ready
go maybe I should just like turn around
that's fine
[Applause]
hey come back this
way come back this
way all right this is what you're going
to do okay you're going to put your butt
right here and then pick yourself up
okay that's going to be your easiest
way so put your butt right there on that
seat and then lift yourself up you just
like let this right hand go then I can
live myself in there I don't want to be
difficult I I I don't want
to your right hand you said yeah to pull
myself in there I got
you I'm going to keep my hand on this
one though
[Music]
okay go lift yourself
up you don't have anything other than
these
hinch all right now turn your body all
the way back towards me
okay
yeah no don't do that let me have your
other hand right
here all right hang
[Music]
tight should take some of the pressure
off of your shoulders okay and then I'm
going to lock these so they don't get no
tighter on you can get a
light
um this one locked yeah wall can you
grab my wallet I got your wallet and I
got your cell phone okay okay all right
watch your legs there watch your hands
sorry okay
what was
that this way
thank
you let me go in here
I'm going have a seat right here
okay here
all right I'm going to read this to you
okay listen to me I'm about to tell you
something important including your right
you have you're under under the rest for
driving while
intoxicated I'm requesting that you
consent to have your blood drawn Oh
wrong one wrong one just
kidding okay here we go again you don't
remember it listen to me this we have to
read this verbatim listen to me I'm
about to tell you something important
you know the rest for driving while
intoxicated the New Mexico implied
consent act requires you to submit 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 physician a
licensed nurse or laboratory hospital
I'm sorry a laboratory technician or
technologist who is employed by a
hospital or physician of your own choice
to perform an additional chemical test
the cost cost of this additional test
will be paid for by the law enforcement
agency do you agree to take our
test the breathalizer
mhm yeah okay yeah because if you don't
then it's going to be activated okay
so I mean so
yeah um do you now agree to be t
yeah
okay all
right blow until it
tones how do I turn it off
just um click the side button which
one this side there's three of them
which one the main
one the H WRA back up so that heat
doesn't build with the
condensation just hold it and then
should that's
turn um two they're all two
all we're going to blow
again again why y
but keep going
[Applause]
going to stand up for me I'm going to
put you in this little room up here
okay yeah gra his
water
where have a seat on this spch here huh
have a seat there
like every time I come here I'm always
like make sure
sure so when you pull up to that box
outside you'll hit the button and then
you'll say so with one there a female
then may have F so
say1
okay
hello
H come this way
[Applause]
[Music]