whose vehicle is this the truck is mine
the truck is yours who's in this
one that's
yours are you okay
this is my car okay let me check your
head do you have the insurance and
registration for your vehicle yeah along
with your ID do you have ID with
you yeah go ahead it's okay it's it's in
my car I can get it from my car okay did
you hit your head at all yeah yeah okay
let's go ahead and have a seat in this
chair for now okay
let's have a seat so that way you don't
fall over get
dizzy are you hit anywhere else do you
have any other injuries no just my no do
you I don't I I don't know you don't
know what happened okay give us a second
okay we're going to figure out what's
going on I
get Drive which one's
drivers you guys drivers I just got you
you driver ma'am yes which one you
driving the white car you're the white
car a K in the car is there a kid in the
car no no kid in the car no there's no
kid there's no car seat but no there's
no kid in the car do you have an
ID it's probably in the car what was
going
on what
happened oh
sh and then what and then car hit me but
which car hit you
we were just
stopped you were stopped yeah or were
you driving we were just stopped by the
state you stopped by where by state you
were just bar stopped by State
Police watch out bro there's blood make
on the door
panels I think Bart's taking it bro is
she I think she 47 47 huh she's might 47
yeah told me she was driving but then
she said she was parked
okay but she also said state police just
pulled her over so I'm going to confirm
her State Police pulled her over um so
they did pull over five or 10 minutes
ago they they would know
if
so I would the truck was parked
obviously not this one but who's driver
I mean no that truck was Park who owner
of truck uh that guy over there yeah bet
par right here that's what impacts that
right there over here yeah so so were
you were you outside at all did you see
anything happen yeah I was watching a
moving I just heard a big old bang and I
saw my truck was over here on the curb
mhm and you live here yes I live right
here right here at this one do you know
her at all I do not no
okay okay so you just heard a loud bang
came outside saw your truck was messed
up yeah okay that is definitely not a
speed limit
impact I'm not traffic but I'm just
going to go off and say
that she was flying oh yeah um f hey
boss where was your truck parked
at be on
the yeah see so impact right here cuz
this is where she like s and hit the
wheel
yeah yeah did you talk to her at all
she she told me uh come over
here so I asked her what happened I was
driving okay like what happened she's
like well then I was
parked I was like you parked to driving
she like well I just got stopped by
State
Police that's L what she
said so I ran through dispatch to see if
State Police actually stopped her so she
probably is 47 yeah like Mo like
definitely
but we can't really run her through sfss
because of the crash you can
but I don't think it's going to hold up
very well no
so so what I would do is ask her if
she's willing to perform the test tell
her I understand we just went through
first actually ask her she all the
drinking yeah like first that she did
hit her head pretty hard yeah I
just she couldn't remember her name for
a second so then yeah so then skip skip
the completely you could try just ask
her questions about alcohol she does try
to get you said there's Twisted T's in
the in the car there's an open container
under her seat and then there's an open
box in the back a pack of Twisted T's
based on speed too I'm pretty sure best
say bu to the car for resarch one to get
speed on it the
what stop this car you did uh did we
just backed him on a stop driver for 47
the driver was 47 yeah so what about the
passenger the girl yeah with
the a few moments later
if you got that temp away then you would
have
not so you weren't the one driving no I
was
driving I'm not going to sit here and
say that I'm was it the one
driving yeah had a sober driver I'm
going to leave it to the PD it's out of
our hand thank you you're a dog
oh Ma'am I'm officer burkard with the
Rosell Police Department okay so what
happened from the beginning to the crash
like what happened there was a car you
went hanging up and you can talk to you
ever talk to a little bit after we're
done investigating what's going on now
you can call back whoever you need
to
[Music]
hey what's your name boss J can I have
you stand over to the side for now I'm
going to leave you on the phone
okay so there was another
car yeah it's right there it's smashed
yeah the car that you hit no what car
then
no I did not hit that car but you're
driving the white car I was driving the
white car yes okay and the white car is
pretty smashed up too so there was a no
there was about just this this car
sorry you're kind of slurring your words
a little bit I I can't understand you no
that was not just this
car okay what other car was there there
was another
car and they hit
me from where in the
front Okay where were you where were you
driving were you going I driving this
way okay you were driving this way yes
so you're driving north on Wyoming yes
thank you okay what the other car look
like I don't know you don't remember
what it looked like no I don't cuz from
what it looks like with how bad this
accident is I don't think that other car
could have
just drove away out of this both of
these cars are total
okay so I don't
think that other car would have made it
out of this and we all got here pretty
quick and we didn't see any other
vehicle okay so what are we going to do
here so I want you to be truthful with
[Applause]
me I don't recall another
[Applause]
car okay and we also found open
containers of alcohol in your
vehicle I don't so have you been
drinking tonight I don't have an open
container in my vehicle yes you
do we were stopped
already how long
ago maybe
like an hour ago what time is it without
looking at your
phone um I couldn't tell you you had to
estimate what time it is right now I
don't know what time is it that's what
I'm asking you what time is it I'm
asking you what you think what time it
is what time is
it it's almost it's 12:30 it's 7: oh
okay
what we were stopped my friend went to
jail would your friend go to jail for
for I don't know you don't know what
you're probably yeah yeah probably for
that they let us
go I was not
driving I got in the passenger seat
what you were driving yeah what point
did you get into the driver's seat and
start driving I was not you just told me
that you were
driving my friend got a DWI yes they let
my friend
drive your friend your friend that got
arrested for ewi they let her drive no
they did not let him drive obviously
they got him for
DWI okay well what friend are you
talking talking about
then he went to jail for
DWI okay and then after that you went
into the driver's seat no I went to the
CU you told me that you were driving the
car went to the passenger seat I went to
the passenger seat I got in the
passenger
seat okay and then when did you get into
the driver's seat I didn't you told me
you were driving the car no I did not
get in the passenger seat I got in the
drive no I got in the passenger seat
because they took my
friend for
DWI I got in the passenger
seat and that was it so how didd you get
here yeah how did you get here then
am I under arrest or I'm trying to get
your statement and you're kind of all
over the place with me right now I I
can't I don't understand what you're
trying to tell me when how did you get
here am I under arrest or how did you
get here am I under arrest or I'm asking
you a question how did you get here
under arrest or what what are we doing
I'm trying to get your statement right
now is what I'm trying to do you're
involved in an accident and we're trying
involed in an accident where both of
these cars got so am I under arrest or
what are we doing we're trying to figure
out what's happening with the crash
we're just trying to get like the
picture of what happened from the moment
you were driving what happened I
understand that okay so do you want to
give us your statement on what happened
with the accident how did you get here
you said you got into the passenger seat
and then you told me that you were
driving the car and then I never told
you I was driving the car you did tell
me from the very beginning you told me
you were driving the car I never told
you I was driving the car we got stopped
by the state
Polie okay my friend got arrested for a
DWI he went with
them I got in the passenger
seat and that's what
happened so how did you get here and
never told you that I was in
that so did someone else try like you're
not explaining
but I never told you that I was okay
whenever I came up and asked who was the
driver you stated that you were the
driver to
me I was the driver to that car yeah so
you were the driver there is another car
yeah there is another car I did not just
reckon what the did I wck
into you're going to told me that I
reckon into
something there was another car I'm
telling you there was another car there
was another car where's the other car I
don't know know she doesn't know what it
looks like you were driving the white
car yes I was driving the white car you
just told me you weren't driving the
white car okay have you been drinking
tonight no
no okay there was another car there was
another car would you feel comfortable
in doing a field ofy test yeah you you
do feel
comfortable are you able to walk in
balance
I would probably not be able to walk in
Balance now
no but I would give you a just try to do
H
okay no so I'm
on okay give us one second we'll come
right back to you okay
[Applause]
[Music]
a few moments later my is I want my mom
who no my brother is fi so this is
probably her second time or a DUI
MH this is not normal this is not normal
and she recognized us did she yeah she
did okay do do you know if she was
coming over here intentionally no she
didn't I have I have not lived here in
probably like 5 years no this is not
normal we're going to handle it and I
hope to not she goes out forever because
if my brother was in that car I would be
suing you guys because that's not okay
because no I wouldn't be like that but
this is her second
DUI this is she know it has nothing to
do with us right that's
I understand that and we do our job now
if the court system fails that's where
of and I want to fight for that because
that's not okay like absolutely I would
be losing a brother wey our best and I'm
not okay with
them sorry
s um yeah I need your statement real
quick if you could just uh stand to the
side real quick I'll come talk to you
here in a
second okay ma'am can you hang up the
phone for me please
okay you want to give your phone to this
officer right here and stand
up turn around put your hands find your
back okay in a Praying position like
this
[Music]
okay you are being placed under arrest
right now okay one second
all right let's walk to my unit that's
over
here here on this side let's go this
side
face my unit for
me you face the unit face the car there
you go stay right
there
24 do you have anything on you that's
going to poke me stick me or stab me no
I have my v in my pocket but that's it
okay I'm on period
you're careful I'm going to use the back
of my hand okay okay can you widen your
stance for me thank you
change okay go ahead and have a seat for
me can you down the window please yes I
will
I have to go to that side to roll it
down okay I'll do it for
you here you
go appreciate
it I'm just going to read you something
really quick okay mine no you
don't
okay got the
right no it's not that one it's going to
be a different one okay okay um how like
your your fresh a little bit a little
bit okay you have the
right anything you so listen to me okay
just listen to me real quick okay I got
you I'm about to tell you something
important including the right you have
you're under arrest for uh driving under
the influence of intoxic intoxicating
liquor Andor drugs okay but you didn't
give me a dwy
test given the circumstances with you
getting into a car accident hitting your
head really good you're bleeding I I
don't feel comfortable put you through
that okay but you didn't but you didn't
give me a
w you did not do that all right just
listen to me okay this is something
important that I'm telling you I'm
requesting
that I'm requesting that you consent to
have your blood drawn and tested to
determine the alcohol Andor drug content
of your blood I didn't consent to that
you have a right to refuse to consent to
my request if you refuse to consent you
cannot face criminal penalties for your
refusal do you understand that right I
didn't C to that okay let me just finish
this okay okay however however refusing
consent has other consequences in
accordance to the New Mexico implied
consent act and state law those
consequences may include losing your New
Mexico driver's license or non-resident
operating privilege for one year
Additionally the fact that you refuse
consent may be used as evidence against
you in the court of law do you
understand these consequences um I don't
refuse anything but
okay okay it's just I'm asking I did not
refuse anything
additionally one second let me let me
tell you something important I'm still
reading this okay just hold on you can
talk to me after you can talk to me
after just listen to me tell me
additionally if you consent to have your
blood draw on and tested 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 a laboratory technician
or a technologist who is employed by a
hospital or a physician of your own
choice to perform additional chemical
test test the cost of this additional
test will be paid by the law enforcement
agency knowing your right to refuse
consent the possible consequences in
your right to an independent test do you
give consent to have your blood drawn
and tested
[Applause]
no no no okay okay so I'm going to read
you something else okay so listen to me
I'm about to tell you something
important tell me you're under arrest
for DWI driving under the influence of
intoxicating liquor and/or drugs
okay 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 physician a licensed nurse
or laboratory technician or a
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 by the law enforcement agency do
you agree to take this test no okay
thank can you wipe my nose
please uh I don't have a rag or anything
to wipe your nose with no you couldn't
wipe it P with my shirt with your shirt
yeah I'm not going to lift your shirt up
why did you look at him for him tell you
he's not going to lift your shirt up I'm
not going to lift your shirt up I'll
roll down your window though my window
thank you
than we need to
yes we
do go ahead and have a seat in the chair
right
[Music]
here hello
hello hey I have her on the line hold on
one second okay
all right you guys are
connected hello ma'am this is Officer
Bart hello yes sir I was um asking about
my daughter hello can you hear me yes I
can hear you just
fine okay I was asking my daughter I had
like some her and so like my other
daughter Tex me told she was in jail I
want to see what happened if she's okay
uh she's doing fine now we're at the
hospital we're about ready to go to the
Roswell Police Department
where I'm going to finish up the rest of
the paperwork and then uh she'll be on
her way to CCDC but we've been at the
hospital here for a couple hours now
getting her medically cleared and
everything everything looks like it's
came back
good okay um so she's okay yeah she's
doing
okay okay and in her vehicle is it still
in the same place where she crashed um
the vehicle that she was driving was
towed to the West slot which we are
going to be attempting to gain a search
warrant
[Music]
for okay can I can I ask what what went
on
or sorry what was the
question can can I can I ask what what
happened like was she drunk or or
something so we believe that she was
under the influence of intoxicating
liquor so that is what she's been
arrested for right
now okay oh my God cuz she was the
casino
okay she's okay all right um I
appreciate it I just this her Mom
calling if you just let her know I call
yes
ma'am thank you I really appreciate you
of course I hope you have a I hope you
have a wonderful rest of your day
okay thank you all right
bye all right we're ready to go
and I'll put your Cuffs in the front
okay cuz you're being cool with
me mix them up a little bit too
[Music]
[Music]
okay
[Applause]
[Music]