23 David 07
3752 huh yeah officer stands at Roswell
Police Department ma'am yes
ma'am it says my my lights are off but
they keep going off okay so you know you
have a blown tire right no okay I don't
know have a blown tire I barely got this
vehicle today okay would you mind
stepping out yes do you have your
driver's license I
do registration Insurance all that good
stuff I do
sir it's in my
vehicle and I also have my veh my uh
rental agreement for the vehicle that I
just B today
um here's my driver's
license and
then so my on my vehicle that I I have
it just barely blown out so they gave me
this vehicle but I don't
know come over here with
me so you've been driving for a hot
minute with it like that oh my
God the other one's flat to
we going okay cuz I I just I barely got
this
vehicle mhm I barely got it I actually
work at Richland Chevy and I just got
this where were you at tonight um I was
at my
sister I was just barely at my sisters
and I just barely left to go home what
were you doing at your sisters nothing
nothing have you had anything to drink
tonight no nothing like that
so I don't know how it got flat you
don't know how it got flat no I
literally just barely got this vehicle
like it's it's a rental mhm it's a
rental I barely got so when did you get
off work I got off at 700 you got off
work at 7:00 and then I you went to your
I went to my sister's house what were
you doing at your sister's house um
nothing I was just chilling there just
chilling there just hang out with your
sister
um would there be a reason why people
were calling out saying that you were
swerving
no you said that you were swerving you
couldn't maintain your lane we're
getting all these calls saying that you
know somebody kind of driving all over
the place and you have a flat tire like
that yeah I got a flat tire but okay I
just barely got it so do you have a
driver's license I do you D how long
have you been driving for um I just
barely got in the I barely started
driving I was going home I literally
lived down the street how long have you
been driving in general um since I was
18 how old are you I'm 23 you're 23 okay
so youve never had any problems with
tires or anything like that no sir okay
um so besides alcohol or anything have
you taken anything today any medication
any like even just pre-workout um I took
a pre-workout what did you what did you
take the Pre-Workout I barely took the
Pre-Workout maybe 3 hours ago okay so
then you were what did you take the pre-
workout for uh when I went to the gym I
have a gym membership at rolls of
fitness and did you go today yes sir
okay I did
so you went from work to the gym then
your sister to the work to the gym to my
sister's house okay so from work you
went to the gym right mhm okay cuz I
usually like to go to the gym maybe 2 or
3 hours after I get out of work just
because I mean my body's filled with
adrenaline I feel like I'm ready to go
tell me you couldn't feel that no at all
and you know what I drive vehicles I
drive 2500 I drive one tons I drive
vehicles every day and I I didn't feel
this and I I barely got this vehicle
maybe around 3:00 can you walk over to
the front of this unit real quick yes I
can just right here just walk over to
the unit did you want me to walk no no
it doesn't matter just walk over there
I'm going to walk in front of there
could you turn off the
light I just put your take Downs
on so basically just what I'm going to
do is just look at your have you ever
had any like injuries anything like that
um I've been in a I've been in two
accidents but that's about it two
accidents when was this um maybe here
maybe about a year ago just face right
there like right here step right there
where my light that and then what I want
to do is just place for to it okay so
what I'm going to do is basically just
look at your eyes put your hands your
side keep your feet together so I'm just
going to kind of look at your eyes and
kind of see where you're at okay okay so
you have tonight have't had anything
that would you in all medication I had
free workout you had fre workout and
then I do have my pipe and everything in
my bag okay so I do I'm not going to lie
to you was last time it's not it's not a
crime to do that kind of stuff we just
have to be mindful about when the last
things did it did you do it at your
sister's house uh I did maybe five 5
hours ago 5 hours five or 4 hours ago we
went to your sister's house at 7 and 11:
so I'm assuming probably around like 3
hours so you're doing probably around 3
hours 3 or 4 hours how much you um I
just smoked the bowl smoke the bowl okay
and then if you look in my back I'm
going to be completely honest with you
you'll still see my pipe in there I have
two pipes in there and then I have maybe
about two or three gr but you're you're
complete to look I appreciate you see
all
this I completely understand that
honestly goes a long way give me one
[Music]
like I said Keep Your Hands to your side
what I'm going to do is I'm just going
to look at your eyes kind of see what
the see your eyes and all that kind of
stuff so just pay attention to the
instructions that I give you don't start
anything until I start okay but through
most of the most of all the teps I'm
going to have you do you're always going
to keep your hands to the sight you're
going to keep your feet together have
you ever had any brain injuries no you
wear glasses or P I wear glasses you
wear glasses you have a right now I do
okay so I'll have them off for this test
anyways eyes but you're more than
welcome to put them back on do you have
glasses with you right now I do they in
my backpack okay so whenever we do
they're in my backpack also with my TI
and my weed that
I okay um so what we'll do is when we
come to do the other test if you would
feel more comfortable if you would like
your glasses you can have them there's
going to be a little bit of walking
balance in the other test right now I'm
just going to look your okay okay and I
do have problems reading little work
[Music]
keep your hands to your side and then
slightly look up slightly and then what
I'm going to have you just look straight
forward and you're going to follow the
tip of my finger with your eyes and your
eyes over okay do you understand all the
instruction that I've given you I do
okay only with your eyes okay don't move
your head at all
[Music]
focus on my finger your eyes your Dr on
okay don't get distracted try to focus
on okay
[Music]
don't anticipate my my follow okay with
your eyes and your eyes
on slightly elevate your head
okay so the other s I'm going to have
you do if you have any problems
balancing walking turning like
that had any surgery
done no no problems with that okay would
you like the glasses for these test or
can you s by without them I would like
my glass okay which bag are they in um
they're in my my Chevy bag okay he's
going to go in there and grab it if
that's okay you don't mind if he grabs
it no but like I told you I do have my
pipe and my lighter yeah we're we're not
worried about that okay try to stay
remain in the starting position for me
so it's just mainly just to kind of see
where you're at okay so if you want to
put your feet back to your side hands to
your side so what I'm going to have you
do is put your left foot in front of
your right foot should like this should
look like that okay and just remain in
the starting position until I tell you
to do so okay so just remain in that
position and I'll tell you when to
change positions okay so I wish I didn't
leave my SL glass I mean my last my
other okay it's completely fine like I
said so what I'm going to have you do is
I'm going to have you take nine
consecutive steps forward keep he to toe
and you're going to look at your feet
and count out loud and then you're going
to take nine he to toe steps back when
you take the turn you're going to keep
your lead foot planted and you're going
to shuffle around and then you're going
to take 9 he K steps backwards okay what
you're going to do is you're going to
imagine if you want to stay in the
starting position for me when you get
back in the starting position you're
going to imagine a line that goes on and
soever forth forward and it's going to
be about the width of your foot so you
completely understand all the
instructions I've given you so far I'm
going to give you a demonstration and
then after the demonstration May begin
on the test okay which just look a
little bit something like this keeping
it together keeping Heel To Toe looking
at your feet you're going to count out
loud one two 3 keep your Le fo planted
you'll use it to turn around Shuffle
around one two three can you get back in
the starting position need your here you
go your right foot in front of your left
foot I apologize your right foot in
front of your left foot your right foot
so right here yes see right foot in
front of your left foot no no no don't
start yet keep your get your right foot
your right leg can you put it in front
of your left foot you see how I am you
have your left foot you need to put your
right
foot see how I
am okay so put your right foot in front
of your left foot there you go perfect
so I've explained all the instructions
I'm giving you a demonstration you
understand exactly how to conduct this
test if you have any questions no you
may begin when you're
ready 5 6
7
8
9
1 2 3
4 5
6 7 8
9 okay so the other test that I'm going
to have you do is going to be like and
it could be a foot of your choice but
it's going to be a balance okay so once
again you have no problem balancing or
anything like
that okay all right can you just answer
verbally yes okay you don't have any
problem with balancing okay hold on so
what I'm going to have you do put of
your choice keeping your hands to your
Sid you can get your hands back to your
side side and remain starting position
outside you will um get out of that
position so what you're going to do is
you're going to approximately Elevate
one of your foot 6 in off the ground
parallel to the ground keeping your foot
straight you're going to look at your
foot and you're going to count out 10001
10002 10003 and so on and so forth until
I tell you to stop does that make
sense yes okay I give you I will give
you a demonstration just to make sure
you completely understand okay so she
look something like this foot of your
choice elevated off ground parallel to
the ground leg is straight we're going
to say 1,1 don't start until I tell you
to do so 1001 10002
100034 you know and you'll go on until I
tell you to stop you completely
understand the instruction I've given
you so far okay you may begin when
you're
ready 2
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134 1005 1006
10078 1009 2010 2011
keep going I'll tell you when to
stop2 13 2014 2015
2016 2017 2018 2019 okay you're good
okay so the other test I'm going to have
you do once again I'm going to look at
your eyes okay so you just want to keep
your hands down to your side put your
hands down right there I'm going to look
at your eyes again so once again follow
the tip of my finger with your eyes and
your eyes only you all the instruction
that I've given you okay keep your hands
slightly elevated like we did before
we're going to elevate your eyes once
again same instruction as before follow
with your eyes and your eyes only you
have any questions so far yeah okay keep
your head still as possible okay only
follow with your eyes
[Music]
[Music]
keep your head elevated a little bit
[Music]
okay I need you to elev yeah
[Music]
okay the other test that I'm going to
have you do is you're just going to keep
your hands to your side skin and you're
going to look backwards I will tell you
when we close your eyes and I'll tell
you when to begin and you're just going
to stop whenever you think it's been 30
seconds does that make sense once again
Str the plan to put your head back have
your head kind your side and you'll just
count for 30 seconds inside your um
outline okay one no wait wait wait tell
you when to begin so you'll just put
your head back and you'll count out for
30 seconds okay and then you'll just
whenever you think it's been 30 seconds
you'll tell me it's been 30 seconds and
then we'll go from there and you can
count in your head okay okay you have
any questions so far no okay you can
close your eyes and just tell me when
you think it's been 30 seconds
[Music]
you think it's been 30 seconds okay um I
you think it's been 30 seconds how did
you count I counted 1 2 3 4
by we got all the way up to 30 that's
how you count it okay hold up so I'm not
sure if you understand but there's
definitely a legal limit even within and
the legal limit is very Broad in in
Mexico it's mainly just something that
impairs you while operating a motor
vehicle and you've kind of gone past
that threshold not only has was your the
driving behaviors that were observed you
weren't able to feel that you had a
complete tire that was flat um you were
sving all over the road that was
observed from other people and then from
what I've observed here in your
so all these factors together lead me to
believe that you're Opera a motor
vehicle under the influence of
intoxicating liquor or drugs so you are
going to have to go to jait okay so if
you want to turn around Place
back I'm going try to make the this
comfortable as possible for you
okay like I don't think you're a bad
person I just think you made a mistake
okay no I hand you want to unlock your
hands I don't want you to hurt hurt you
okay is that tight not too tight um no
that's not too tight okay cool
then I'm going to ask you a few
questions whenever we get back to my
unit okay okay am I going to have to
stay in jail all weekend um probably
till Tuesday because most likely the
courts aren't going to be able to get a
hold of them until Tuesday so um but you
will be able to call family and friends
and stuff when we get into the county
and you'll be able F to okay okay the
only reason why is just cuz I didn't you
mean yeah we'll we'll go over there and
we'll explain everything in a second
okay unfortunately because if you're
tired vehic going to have to get to okay
but um I mean I barely picked up this
vehicle a couple of hours ago M
literally like an hour before 6 mhm um
I'm not too sure how I got how it has a
flat tire I'm not sure that's something
that you should have been able to feel
while you were driving cuz were you
drive you drove this to your sister's
house too mhm okay and then it didn't
feel like you didn't have a flat tire
okay so um like I said I'll explain
everything to you I'm going to bring
back my unit I'll explain everything do
you have a preferred toe company that
you prefer or just the own qualify you
know what um I do not own this company I
literally just my vehicle had a is this
your car no it's a rental oh it's a
rental car it's a rental car the vehicle
that I do own it does have a a blown
engine the engine is blown in it okay so
that you were just using this vehicle
until then I was and I just barely
picked this vehicle up either way it has
to get because it's a flat tire so they
can deal with the whole process of
getting it out and all that the question
is do you want the on call is that okay
or does your company have a do you know
if they have a preferred practice or not
um
rudyy were told to
ask usually it's Rudy's toy um I know
they do work with my company so usually
it's Rudy so most likely we'll probably
just do the on call cuz I'm not sure if
Rudy will be available right now okay so
we're just going to get you to my car my
first time ever getting in trouble I I
completely believe that so like I said
whenever we get to booking and I process
you through all the paperwork I might
let you call your dad just so you can
tell to tell him what's going on okay
okay try to calm down it's okay we you
know it's just my first time you ever
getting in trouble and I apologize it
happens and I don't want to lose my job
over this I'm I'm a very good girl I
think you're very good person like I
said I don't think you you met what
happened today you probably didn't
realize the the impairment that give my
vehicle was had a flat tire and I take a
seat right there okay I'm going to read
you something real quick and we'll go
from there okay so just sit
tight I will let you call your DB here
in a minute just give me a second okay
how old are you by the way you said 23
right I'm 23 23 never had any problems
before with us I've never had any
problems before that's good well I
definitely appreciate that so I'm going
to read something to you listen to me
I'm about to tell you something very
important you're under the arrest for
and the arrest for operating a motor
vehicle well under the influence of
intoxicating liquor or and drugs you
said you've only done so we're not
worried about alcohol right now I'm
scared I'm going to be completely honest
with you I'm scared this is my first
time ever ever ever ever getting in
trouble listen to me I I know it's your
first time ever this is my first time
getting in trouble and I'm scared but
you didn't do any alcohol remember I
don't smoke then you shouldn't be
worried about the bre
test but it's completely up to you like
I said um if you don't want to do the
breast test that's completely up to you
but it is a bigger charge it turns it
from a regular DWI into an aggravated
DWI it's completely up to you I didn't I
didn't fight with you I did my it's just
it's because you refuse the breath test
if you refuse the breath test it makes
the charge bigger so it turns into an
aggravated DWI I don't know because I
don't know I've never gone in trouble
before I've never ever ever ever got in
TR that's what the the breath test isn't
about you getting in trouble before the
breath test is only to see if you've had
alcohol if you have no alcohol then
you're fine then we just go on to the
next
portion all it is is just see if you've
had any alcohol did you have any alcohol
today yeah did you have any I want my
lawyer I know well I want a lawyer you
can have a lawyer you'll get the
opportunity to have a lawyer I just I
have to ask you these questions okay and
I was completely honest with you did the
and I let you know about the in my bag
okay but listen to me so you refuse to
take a breath test yes okay then that
will be a bigger charge I just have a
question what's up what would get me out
of here faster um in general it's it's a
long process you're already going you're
already going through all the process so
time isn't really a matter right now
yeah just because I mean this is my
first time well either way you're here
you're here till Tuesday cuz you're not
going to see a judge till Tuesday so no
matter what you're sit counting so this
is your first time I completely
understand that but also be aware for
ref so scared listen to me I'm scar t
for refusal you're going to lose your
driver's license you're going to face
bigger Char I'm going to lose my job
you're going to lose your driver's
license I'm going to lose my job right
huh no I'm going to L my job this is
nothing that affects your job this is
only your job this is though because if
I lose my driver's license I lose my J
that's what happens if you refuse you
lose your driver's license if you refuse
do you understand that yes so do you
refuse what to do I don't know what to
do
okay I completely understand that so do
you refuse I don't know I don't know
what to do because I don't want to lose
my job I don't want to lose nothing I
just want to go well well that's not how
this works now you're already under
arrest for operating a vehicle or a
motor vehicle under intoxicating liquor
or and
drugs so you're going to
jail now the the problem is is do you
want to give me your a breath test and
do you want to give me your blood or is
it a refusal for both
it's completely up to you Miss Tes I
don't know what to
do first offense this is my first
offense ever so I I honestly officer I
do not know what to do I don't know what
Len to say yes to I don't know what to
say no you want me to just drive you to
the PD to give you a few minutes to
think I don't know okay I don't know I
honestly don't know and I'm not trying
to be
I'm not trying to be a or anything I
just I just don't know this is my first
offense so I am not sure what to do what
to say yes to what to say no to I
understand so do you want to or not I
have to ask these questions or you want
me to give you a few minutes while we
drive to the PD and then you can answer
the question when we get to the
jail this is my first time being behind
a a police vehicle I am I'm going to be
honest with you I am scared I do not
know what to do I do not know what to
say yes to I do not know what to say no
to so if you so do you want me to give
you a few minutes or you're not going to
answer um I I don't know this is my
first so listen to me Taurus you're
either going to give me an answer or I'm
going to take your I don't know as a
refusal and then we're going to process
you as a
refusal I don't want you to
to put me as a refusal because I I'm not
I just well that's the point you're not
giving me I'm not too sure I don't know
I you need a few more minutes to think I
do because this is my the fans I don't
want to
think you can think a little bit I will
ask you here in a second okay just I'll
give you a few minutes to think okay
okay do you need me to read it to you
again I'm just scared listen to me
listen to me m do you need me to read it
to you again or do you just want to
refuse CU we can't be here all night
going to get home me home faster nothing
gets you home f faster you are where
we're at right now no matter what you're
getting booked you're getting processed
we're going through the process we're
rolling through the motion do we have
the keys to the vehicle on you um I'm
not too I I believe
so let's just go ahead and do the
breathalizer so you'll do the breath and
what about the blood a yes to both or
just a yes to the breath to the bre to
the so both of them come with the same
consequences of refusal so if you refuse
the um the blood you'll have the same
kind of consequences for the driver's
license you completely understand yes so
you said you you'll take you'll do the
the breath test you just won't do the
blood yeah I'll do the bread but you
don't want to do the blood I I don't I'm
I'm trying to get a definite answer
you're kind of all over the place Mr Mor
that's why I'm saying yes I'm not all
over the place though I'm just scared
this is my first offense like I'm just
scared like I don't know what to do I
would like to call my father I would
like to call somebody to people after
this right now you're you're already
under arrest we're going through the
motions you'll be able to call people
when you get to County so yes to the
breath and no to the blood
or I don't know what to do this is my
first offense this is my first time ever
getting in trouble like I don't know
what to I need to know these questions
scared I'm freaking scared I just don't
know what to do I'm about to just take
these all refusals if you don't answer
me
Mr just do the do everything I don't
care I just want to go home faster going
to get me home faster that's what I'm
saying no matter what we have to go
through the process okay so just
wouldn't so yes to both ever I don't
care you can't say you don't care you
have to say yes or
no yes to blood want go home you can go
home after all this you go home on
Tuesday when you see the judge maybe
even Sunday I don't know how that'll
work because of the
holiday but I need a definite answer
just take for me I guess because I don't
either a yes or a no mes I don't know
what to do I want to go home I want my
boyfriend I want to go home okay Miss
Torres you're an adult you're 24 years
old I'm 23 okay my apologies you're 23
years old you're an adult I'm 23 years
old you're an adult now you have to make
adult decisions then give me the
breathalyzer whatever the it takes I
want to go home okay so you want the
breath and you want the blood done yes
take it to me give me whatever I'm just
making sure you completely understand
everything okay sit
tight there we go all
right thank
you my name's Tony I'm from
the what is your name my name Isa
I'm going to look away because I don't
like need me
neither I don't even look what I can use
I I
[Music]
get something about
needles blow into it you're going to
blow into that pipe really deep breath
blow until until I tell you to stop okay
we'll hear it beep beep beep and stop
then a few seconds after that and we'll
say you're good and then we'll give us
result
okay right now it's just doing a whole
bunch of tests I'll tell you when to
grab it okay okay deep breath blow as
hard as you can
okay keep going keep going almost there
almost you're
good you're good why' you lie
I told you I thought I felt it
[Applause]
[Music]
but so did you have shots at your
sister's house was fuing me like I told
you when did you have the alcohol I
didn't have the alcohol at all when did
you have alcohol I haven't that's the
thing I I told you I was honest with
them I told you about the in my bag I
let you know about the pipes in my bag
mhm well you have alcohol in your system
you don't know how that
happened okay so you haven't had any
alcohol at all
today told you I smoke I told you about
I know but not going to make you blow
for
alcohol okay well then I don't know what
to tell you okay deep breath you're
ready not yet you're about to
blow go as hard as you can
[Music]
good yep definitely have out qu
[Music]
system you receive notice that this will
be acting as your driver's license at
the decides to take away your driver's
license
okay right
[Music]
there okay we'll get copies of
everything okay okay all
[Music]
oh
[Music]