Hello. Hello. I'm officer as well as the
police department. So, reason we're out
here conducting a traffic stop on you is
apparently you were conducting it doing
a lot of swerving and as well as failure
to maintain lane. Okay. Can I see your
license, registration, insurance?
Where's my license?
Anything to drink tonight?
No. Sorry.
Okay.
Okay. Give me one second. I tricked you.
Okay.
We're going to run the ghost just in
case saw her. She was at
She's chewing down.
I can smell the gun. So, you know that
[ __ ] just barely po.
So, you have enough. You said you're
getting
just running for
I don't Yeah,
I'm going to turn the lights so I don't
have
Yep. All right, man. So, I'm going to
run you through the crucial fuel spy
test and make sure you're okay to drive
tonight. All right. Go ahead and step
up.
Okay. So, I know I already asked this
question, but before we get started,
have you had any anything to drink
tonight? No. Have you had any kind of
drugs? No. So, you had no kind of
alcohol tonight? Nope. Okay. Do you have
any head injuries? No. No TVs? Nope.
Okay. Do you have any kind of contacts?
Nope. Okay. So, what I have you do is
let's all together, arms out. What I'm
you
do is look at the tip of my finger with
your eyes and your eyes but moving your
head. Do you understand? Mhm.
Don't move your head at all. Okay. Keep
your nose in line with my nose. Make it
easier. Yep. Perfect. Keep your eyes on
top of my finger.
All
right. So, it is going to move up. Just
keep your eyes on top of my finger. All
right. Okay.
All right. So, what I'm having you do
is put your left foot in front of your
in front of you and then put your right
foot in front of your left
foot. Heel to toe.
Heel to toe. Just like me. Just like me.
So, you're going to get in the same
position as me. Okay. Okay. Arms down at
your side. This is going to be the
starting position for this next test. Do
not move from this position until I told
you otherwise. Okay. Okay. What I'm
going to have you do is take nine heel
toe steps forward, turn around, and then
take nine heel toe steps back. It's
gonna look a bit a little bit like this.
It's going to look like one, two, three.
I'm doing three for demonstration
purposes. You'll be doing nine. Okay. Go
ahead and get back in the starting
position. So, you want me to do nine
front and back? Yes. So, let me finish
the instruction phase. Okay. Once you
get to that final step, you're going to
plant your lead foot and use your other
foot. Take a series of small steps. So,
you're facing the direction which you
came. After that, you're going to begin
again like one, two, three. I'm doing
three for demonstration purposes. How
many will you be doing? Nine. Okay.
During this test, make sure you're
looking down at your feet, counting out
loud. And once you start the test, do
not stop until you've completed the
test. Okay. Do you understand? Don't
Yeah. Do you have any further questions?
No, I have no questions. Okay. Go ahead
and get back in the starting position.
Okay. You may begin.
Okay. So, for this next test, I'm going
to have you get back in the starting
position. So, heels and toes together,
arms stand on your side. This is going
to be the starting position. Don't move
from this position until I tell you
otherwise. Okay. For this test, you're
going to pick your a foot of your
choice, left or right, doesn't really
matter. You're going to pick it up 6 in
above the ground. Leave it parallel with
the ground. And you're going to count
out loud. You're going to be 100,00 1
100 2 100 3 1004. You're going to keep
going until I tell you to stop.
Okay. Do you understand? Yeah. Are you
sure? Cuz you're giving me that look
like you don't really No, I get you. I
understand. Okay. You don't have So, you
want me to stand with my leg up in the
air until you tell me I'm good? Just
like how I demonstrated to you. Okay.
All
right. During the during the entirety of
this test, make sure you're looking down
at your feet, counting out loud. Okay.
Okay. Do you have any further questions?
No, I have no questions. Okay. Go ahead
and start the test. All right. Fine.
2 3 4 5 6
Keep going. You want to start all over
again. Just keep going wherever you left
off.
Okay. 7 8 9 10 11 12 13 14 15 16 17 18
19 20 21
Keep going. Okay, you can stop over
again. No, I just want to run you
through the couple tests again. One more
time. All right. So, go ahead. Heels and
toes together. Arms down at your side.
Can you imagine
a straight line from your left foot to
my right foot?
Yeah. Okay. Can you put your right foot
in front of your left foot? Heel to toe.
So, your right foot in front of your
left foot. You said right foot or left
foot. So, sorry. Okay. Left foot in
front of right foot. Okay. So, left foot
in front of right foot. Left foot in
front of right foot. Yes. Okay. Yeah.
So, Okay. Can you imagine a straight
line from the tip of your toe to the tip
of my toe? Yes, sir. Okay. Can you
imagine it about uh width of your shoe?
Yes. Okay. Make sure you keep your hands
down during this entire test. Okay. This
is going to be the starting position. Do
not move from this position until I tell
you to do otherwise. Okay. So, again,
what I'm going to have I'm going to
demonstrate for you. You're going to do
nine heel toe steps forward.
Turn around. Take nine helip toe steps
back. Okay. During this entire time,
you're going to look down at your feet.
Count out loud. And keep your hands down
at your side. All right. It's going to
look a little bit something like this.
One, two, three. I did three for
demonstration purposes. You'll be doing
nine. Okay. Once you get to your final
step, you're going to plant your lead
foot and take a series of nine heel
totoe steps until you're facing the
direction which you came. Okay. Yeah.
After that, you're going to do go ahead
and get back in the starting position.
Oh, okay.
Okay. Then you're going to take nine
heel toe steps again. So, it's going to
be one, two, three. I did three for
demonstration purposes. Would you be
doing how many? Nine. Okay. Again,
during this entire test, make sure that
you are keeping looking down at your
feet, keeping your hands down at your
side, and counting out loud. So, do you
have any questions? Oh, no. Okay. Am I
or no? Give me one second. So, get back
in starting position.
Get back in the starting position. Okay.
Okay. So, once you start this test, do
not complete the test. Do you have any
questions? No. Okay. Do you understand?
Yes. Go ahead and do the test.
1 2 3 4 5 6 7 8
9 1 2 3 4 5
6 7
Okay, so again, for this next test, I
want to get you heels and toes
together. Okay, arms down at your side.
Stay in the position until I tell you
otherwise. All right. So, with this
test, you're going to pick a choice, a
foot of your choice, left or right,
doesn't really matter. You're going to
hold it 6 in above the ground. It's
going to be about the size of a coke
can. All right? It's going to be
parallel with the ground. Okay? And then
you're going to count up. You're going
to count 1 10 1,002 100 3 100 4 1 5.
You're going to keep going until I tell
you to stop. Okay? Do you have any
further questions? No. Okay. Again,
during this test, make sure you keep
your hands down at your side, looking
down at your feet, and counting out
loud. Once you start this test, do not
stop the test. Uh, if you do end up
failing or you end up losing your
balance, just pick up right where you
left off. Don't don't try and restart.
Just pick off right where you left off
if if you do lose your balance. All
right. Yep. Are you ready to begin? I'm
sure. Okay. Ready when you are.
You may you may begin the test when
ready. Okay.
1 2 3 4 5 6
7 8 9 10 11 12 13 14 15 16
17 18 19 20 21
234 5 26 27 28
29 30 now. Okay. I do believe you are
driving while under the influence. All
right. So, you are going to be based for
under arrest for driving while under the
influence. Okay. Hands behind your
back. Okay. Watch out. Put this one on
you.
Do you have anything on you that I need
about anything that's going to poke me,
stick me, hurt me?
Okay. Just going to go back to this one.
Okay. This officer, can I pat you down?
Make sure you don't got anything. Okay.
Okay. You want to widen your stance a
little bit?
I don't have anything. I promise.
Heat. Heat.
Okay, I'll have you come over to this
other side,
man. All right, go ahead and have a
seat.
There you
go. Hey,
Sergeant. Your knees in.
Okay. All right, ma'am. So, I'm going to
read you something important. Okay. I'm
going to need you to listen very
carefully. One
second. I got
it. Okay. So, again, I'm about to read
Listen to me. I'm about to read you
something very important. You are under
arrest for driving while under the
influence of intoxicating liquor and or
drugs. 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 independent
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, licensed nurse or
laboratory technician or technologist
who is employed by the hospital or
physician of your choice to perform the
additional chemical test. The cost of
this additional test will be paid by the
law enforcement agency which will be the
Rosal Police Department. Do you agree to
take our test?
I need a yes or no, man. Yeah. Okay. Sit
tight for me. All right. Real quick, can
you open your mouth for me?
Can you lift your tongue?
You don't got any gum stuffed anywhere
in your mouth at all? No. Okay.
All right. So I'm going to read you
something because you are under arrest.
Okay. Yeah. Make sure Okay. You you have
the right to maintain silent anything
you say
can and will be used against you in the
court of law. You have the right to talk
to lawyer. Have them present before and
during any questioning. Okay. If you
cannot afford to hire a lawyer, one will
be one will be appointed to represent
you at no expense. If you decide to
answer any questions or make any
statements, you can stop at any time. Do
you understand these rights as I've read
them to you? Okay. There's no confusion
about anything. Okay. But he's right
side. Are you still want to speak to me
a little
bit?
Okay.
So, how much have you had to drink
tonight? Let's be honest.
I've had a few beers, that's it. Okay.
How much is a few beers? Like three or
four beers. Okay. How long ago? Um
I don't know what time it is, but So,
right now it
is 11 11:30.
Um, probably between
uh 9 and 10 or 8:30 and 10. Okay.
Maybe
even maybe even 7:30 and 10. I I don't
know. I wasn't paying attention to the
time. So, okay. What made you decide to
drink and drive this today?
I thought I was okay. Okay. You thought
you were okay? Yeah, I thought I was
okay and I was
just getting up to Okay. How many kids
you got? I have two. Two. How old are
they?
Five and one. Okay.
She's like one and a half,
but it's a warm start. Okay. Where were
you drinking it?
Um, out at the fairgrounds. The
fairgrounds. Okay. It was my company
Christmas party
at the pino Christmas party.
[Music]
Okay. And that's where you had about 3
to 4.
Yes. Okay. Honestly, is there any way
that I can
avoid having my face plastered
everywhere? So, I'm not in control of
that. I wouldn't be able to give you to
give you a definitive
answer. I know the sheriff's office does
it. I don't know if RPD does it.
Look, I get that I but I
just
[Music]
Again, I don't have control over that.
Oh, I understand. Okay, I'm going to go
through that door and then to your
immediate
left. All right, so go ahead and face
this wall real
quick. I'm going to take these cuffs off
of you. All right, good. And watch out.
unless unless you want to be
seated. Okay, go ahead and step out real
quick and then you're going to go to
this officer.
So, you're going to sit in this chair
that's right there. I think the last one
just didn't work because we took too
long. So, same thing. Deep breath in.
Long deep blow out until it stops
fizzing.
You're
good. Go ahead and try
again. You're good.
Let's try one more time.
So on the on this next one, just take a
deep breath and then just keep going
until I tell you to stop. Okay? Whenever
you're
ready, you can stop. I don't know what's
up with this
machine. Let's go ahead and try one more
time.
[Music]
[Applause]
Just seeing All
right, we're going to try it one more
time. See if it was able to do
something. So, same thing as last time.
Okay. So, make sure you're taking a deep
breath, blowing all the way out. Make
sure your tongue's not in the way or
anything like that. Okay.
Go ahead and
stop. Okay. So, you need to make sure
you're taking a deep breath. All right.
I'm going hard and consistent now.
Okay. Go ahead and
stop. Is your tongue like is is your
tongue getting in the way or anything?
No. Okay. Go ahead and try
again. Go ahead and stop real
quick. So, the machine's picking up that
you're trying to blow and then that
therefore stops. Okay. So, go ahead and
try. Go ahead and stop.
Whenever you're ready to
You think
so? Are you ready?
up. So, it's going to be a deep breath,
right? Long consistent out.
So So it's starting to pick up that
you're blowing a little bit louder and
stuff. Okay. Well, let's try it.
Whenever you're ready. Okay.
[Applause]
All right, ma'am. Okay, if I can have
you step out real quick, I can get you
something. Should be coming momentarily.
If I can have you come over here.
So, just so that both of us are on the
same
page, the first vehicle that pulled you
over, the first dude that activated the
device was an offduty sergeant. Okay.
So, with that, I mean, when I made
contact with him, he told me a couple of
couple of things. Okay. One is that you
didn't really use your turning signals
to change lanes. And then another was
obviously failure to maintain lane. So
you were going to the right passing that
fog line which is that solid white line
on the right side of road and then you
were also speeding. Okay. So you're
doing approximately you pace you around
like around 55 and a 25. So that's
that's obviously that's a pretty
significant amount. Yeah. Okay. So I
know there's a lot of habit where people
are not using training so much, right?
So make sure you're more cognizant of
that in the future. Okay. So, first
citation is going to be for player to
maintain lane. Basically, it's going to
be that movement from your lane to
passing over that song. Okay. So, the
court date is you're going to be able to
take care of this when you go to the
judge tomorrow. Sorry, Monday. So, this
is all going to be tied to the same
case. It's all going to be tied to the
same thing. Okay. If I can have you
sign right here by signing it is not an
admission of guilt, just a promise to
take care. Basically, it's a promise to
take care of the ticket, but at the end
of the day, it's going to be taken care
of with the case. I understand. Yeah.
Uh, just right here.
Perfect. And so, so this next one is
going to be for the speed. Okay. It's
going to be the 55 and the 25. So,
basically, you're 30. You're 30 m over.
Yeah, I understand. Sign down at the
bottom. Same thing as last time.
Perfect. Do you have any further
questions for me? Uh, no. Okay. No, I
don't. So, what's going to happen now is
I have to print out the criminal
complaint after I get a criminal
complaint. Um, you'll basically have an
entire packet with the copy of this
citation, both citations, criminal
complaint, and as much as the IR 3000,
which is the breathing exercise machine
that you Okay. So, if I can get you back
in there for a little bit and then I'll
get you out. It shouldn't be probably
more than 5 10 minutes. Okay.
Are you doing okay? Do you need like
water? Uh, I'm Yeah, thank you. Other
than that, you're comfortable. ish as
comfort as you can be. All right. Thank
you. Okay.
Okay.
Go. I'm going to go through here. Can
you real
quick? What I'm going to do is walk that
way. Okay. So, if you want to face me
real quick since you are finished for I
don't know. All right. Okay. Cuz I'm
together. Here's the deal. You haven't
really been uncooperative at all, but
just in case. I told this thing. Okay.
Um, I'm doing this as a favor. You get
uncooperative. If you decide fight,
they're going in the back and stay in
the back for the rest of the
Okay. All right. Sit
tight.
Okay. Go ahead and step up.
And then we'll be going right through
those. Okay. And then go to the right
here. Right here. Got to face me real
quick.
Okay, go and have a
seat. Go and have a seat. Just as a
heads up, I do got a cup to the
touch. There we go. And then you do have
someone to look after your kids,
correct? Yeah. Okay. So, your wife's
going to be able to look after your
kids. Okay. Okay. And then are you a US
citizen? Okay.
[Music]