on seral second 871 Sam Sam John it's a
blue Toyota FJ Cruiser
hello are you okay yeah I'm just trying
to get home I just moved there okay why
are you driving so fast I my
boyfriend okay but I live on
okay you
okay
really I hope a picture of my that works
yeah sure and then I have my insurance
on my phone well but it's not for this
car
tomorrow do you guys get in like a fight
at your house or just over the
phone you me to call anyone for you or
where'd you move from albuquer from
Albuquerque is your boyfriend live up
here you guys live together okay um so
as I got to ask right now how much have
you had to drink
today I have one
drink you had one drink at three mhm
okay and you haven't had anything else
since
then okay I can I could I can just smell
it is why I'm asking so the reason I had
pulled you over is cuz you passed me
really fast so your limit here is 35 M
hour okay um yeah um I mean you still
got to pay attention to the
uh to the traffic signs and stuff
um so the like I said the reason I can't
is cuz I can smell it on your breath
okay um which makes me think that it's
been sooner that you
drink um you know like more
recently
um and uh yeah so um what I'm going to
ask is I just want to go through some
field sobriety tests just to make sure
you're okay to drive and then um and
then if I determine your safe to drive
then then we'll go from there
okay so do me a favor and turn off your
car can you send me
another normal
traffic let's go ahead and St out please
would it be okay if I like sit for a
while and wait for somebody uh
um unfortunately
no um I just want to just double check
and make
sure and then
uh it's just that I'm not from here
so I understand
that I just got to make sure that you're
safe to
drive you have kids or anything mhm
where are your kids at my daughter is in
Albuquerque okay doesn't have like fully
transferred over here
okay just come back here and soon um you
might want to tie you finish tying that
one so
it's a little more uh so the lace isn't
hanging
out so one I'll be conducting Fields so
Asher right okay so do you have any
serious head injuries or anything you
ever had like brain surgery or back like
broke in your back or knees or anything
okay um do you wear glasses or contact
lenses I do wear glasses but they're at
my house okay do you need them to see
like I mean like is your vision really
really bad or yeah it's pretty bad
okay okay um can you see the tip of this
pen right here mhm so um I want you to
stand with your feet together just like
this and hands flat at your side and I'm
going to have you stare at the tip of
this pin I'm going to move it back and
forth and I want you to follow with your
eyes only and keep your head as still as
possible do you understand
mhm try to keep your head still
same thing is haveen to go up and down
okay okay so do me a favor and stand
right there where my flashlight is
and turn and face my vehicle there so
can you imagine a straight line coming
from your left foot to the front of my
car okay so keep your left foot on that
line and I want you to place your right
foot in front of your left foot touching
Heel To Toe just like
this the other way around hold on hold
on so yep just like that I need you to
stay in that position with your hands
flat at your side while I explain this
test okay and don't start until I
instruct you to start do you understand
okay so when I tell you to start you're
going to take nine to toe steps on that
imaginary line okay when you get to your
ninth step you're going to leave your
front foot on the line you're going to
use your other foot to take small steps
to turn yourself around and then you're
going to take nine Heel To Toe steps
back on the same line okay so nine steps
so stand just keep standing like
this and if I don't want to
drrive huh like I know I'm not going to
drive I'm not from here so okay well
let's just do this and then I'll and
then make that determination okay cuzz
once the test is done then we'll
determine if you're safe to drive but I
know not okay well let's just do this
and then um and then we'll go from there
okay so just stay stay in this position
so nine Heel To Toe steps on that
straight line you're going to leave your
front foot on the line when you get to
your ninth step you're going to use your
other foot to take small steps to turn
yourself around and then you're going to
take nine Heel To Toe steps back on the
same line I'm going to demonstrate it
for you okay so during this test I need
you to keep your hands and arms flat at
your side look at your feet count your
steps out loud and don't stop until the
test is completed okay so I'm standing
just as you are right here do you
understand the instructions so far
forward and then turn around so I'm
standing just as you are right here okay
when I tell you to begin you're going to
take nine Heel To Toe steps touching
Heel To Toe one two three all the way up
to nine okay you're going to leave your
front foot on the line use your other
foot to take small steps to turn
yourself around you see how I did the
turn and then you're going to go back 1
2 3 all the way up to 9 just remember to
look at your feet keep your hands and
arms flat at your side count your steps
out loud and don't stop walking until
your the test is completed do you
understand okay go ahead and begin
1 2 3 4 5 6
7 okay so go ahead and stand right there
where my flashlight is so this next one
I'm going to have you stand with your
feet together facing me stand with your
feet together just like this keep your
hands and arms right there this next
test is a timed test okay that means I'm
going to tell you when to start and when
to stop
when I tell you to start you're going to
pick either foot either your right or
your left and you're going to raise your
foot about 6 in off the ground okay just
like this you're going to keep your
hands and arms flat at your side you're
going to look at your toe and count like
this 1,1 1,2 13 until I tell you to stop
do you understand the instructions yes
ma'am so remember to keep your hands and
arms flat at your side and try to keep
your foot flat and parallel to the
ground
MH okay I should go ahead and be again
1001 1002
134
10056
10078 1009 110 1001 112
20134 2015
2016
2017 just keep going until I ask you to
stop please 2018 2019 2020 1021
2022
122122 okay go ahead and stop so do you
have pretty good dexterity in your hands
can you do this with your hands okay and
what this is definitely not meant to
offend what's your highest level of
Education College okay you went through
college okay so you know the alphabet
and Counting pretty well M okay so I'm
going to have you start at the I'm going
to have you recite the alphabet for
forward okay not backwards forward from
the letter e and stop at the letter
O E F G H I J K L M N O P QRS t v WX TR
RB wa okay so this next one I'm going to
have you count backwards okay so
counting backwards I'm going to have you
start at the number
72 okay and I'm going to have you end
hey s um I'm going to have you end at
the at the the number
47 71 70
69 68 67 66 65 64
63 62
61
60 59
58 57 56
55
54 53 52 51
1 50
49
48
47
[Music]
46 45 44 43 okay you can go ahead stop
so I'm going to show you how to do
something like I'm going to show you on
your hands what I want you to do with
your hands okay so this is the tip of
your finger okay so right here not the
pad of your finger the tip of your
finger I'm going to show you something I
I need you to do that same thing three
times okay when I tell you to begin
you're going to take your thumb to the
tip of your pinky and you're going to
count like this 1 2 3 4 4 3 2 1 you
understand
that so I need you to do that three
times please 4 2 3 1 1 2 3 4 4
2 1 2
3 okay that sure I'm going to place you
on us for DWI okay I need you to turn
around and face my vehicle please and
put your hands behind your
back Bas you're already driving right I
know you don't want to drive anymore but
you were already driving right I
understand but I was coming from Al I
understand that
okay can you open your mouth for me lift
up your tongue lift up your tongue okay
um do you have anything in your pockets
I know do you have anything in your bra
M okay um I'm going to grab your phone
okay you want me to grab your phone you
want me to grab your little purse thing
too okay is there any way I can get out
tonight cuz I have work
tomorrow uh no you'll have to see a
judge okay that's you have to see a
judge to get a rained out of jail okay
so let's walk over this
way just stand right here in front of my
vehicle 221 c 1 10415 C 21 can you start
a 20 minute
dep how long will that take do you think
uh well they have what 48 hours to R you
yeah so no more than 48s will happen
either Saturday or
Sunday go ahead and walk over this way
please am I allow to call one yeah I'll
let you make a phone call
okay but my phone number is in my phone
yeah I'm going to get your phone I'll
let you make a phone call okay I'll give
you my word on
that I'm going to reach over you Asha
scoot over towards me just a little
bit okay I hate these seat belts there's
no way I can get where I me no a
sure oh my
daughter is your daughter with her dad
no her dad is dead oh I'm sorry to hear
that where where who is your daughter
with okay so it's
I'm not going to call your auntie okay
is she safe with your aunt yes okay okay
so if you want in just a few minutes
when we get to the police station I'm
going to give you your phone so you can
make a phone call okay if you want to
call your
auntie and just so how long will I be
there you for at least or the most 48
hours they have 48 hours to arain you
okay but Asher I need you to listen to
me because I'm about to tell you
something important okay you are under
arrest for driving well under the
influence of intoxicating liquor 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 technologist who is
employed by a hospital or physician of
your own choice to perform this add
additional chemical test the cost of
this additional test will be paid for by
the law enforcement agency do you agree
to take our test yes and the additional
one as well you want to do an
independent test mhm okay I'm going to
go get your phone
okay
um and she just boom right on the left
side of me right by you yeah right
here when you showed her finger you
could see it in her face right away
well she told me when I had her in the
instructional stand for the nstep
walking turn she was
uh she was like can I just sit and wait
for someone to come pick me up I know
I'm not okay to drive she should have
thought about that when she was an
Al oh look at that there's a open
container over
there Visions on her part yep just
thankfully her kid isn't with her yes
when I pulled her over she was like
crying know
um and I asked her so she's like I just
got into a fight with my
boyfriend and I said like you were at
his house and she said no I just came up
from ALU cookie from work she said I was
on the phone with him got into an
argument over the phone that she was
driving home where does she work at the
country club in
alquerque
but um that me sure wasn't like dirty
bourbon drinking on the job kind of
thing you know what I mean well she said
she had a drink before she went to work
so it's not good pink Whitney harely
consumed lid missing fully consumed 30%
alcohol by volume holy
moly
75 pink Witney what is that
vodka yeah
okay she said she had one drink at
3:00 maybe that's been our one drink
continuous I guess
so has nobody come pick up the
vehicle she says she's borrowing it I
didn't ask her I usually don't but
people that the only time I've done it
is when
uh there was like a bunch of car seats
in the back and they had a sober
passenger they already have a 46 on out
don't call one um I have not called one
all right
you can get someone else to come do it
too I might I'll see what's weird right
now even though it's a comedy there's
not a whole lot of officers the B
something I know 291 is just tearing up
the screen yeah he's like the only one
going to
call all
right yeah I like remember too looking
down cuz I saw her coming up on me quick
and I looked at my speedometer and I was
like am I just like Z out and driving
slow and I was going 37
it's a 35 in this area she right past me
she didn't slow down when she saw me so
cool um so for the independent test I
just have to be like use your phone you
could offer to try scheduling you the
other thing you can do if you want to go
over the requirement that you're
required to do you can take over to St V
and have then they should have a form on
hand did that that last time Cruz did
that it took him like almost an hour
just to find the form cuz they didn't
know that the thing even existed in the
first
place but independent means that they're
supposed to do it all by themselves
according to Julie which is RDA so even
us transporting them isn't a requirement
yeah so give her the opportunity to okay
if you want to try going above and
beyond by having a go for B the thing is
we're not even supposed to supply the
kit or anything no that's that's
supposed to be all done by I've I've
just taken in the past I sometimes I
give him rides but I just take him a sa
and be like she wants to blood draw yeah
you have a kit nope yeah cuz we're not
supposed to supply any of that cuz that
it takes it away from being independent
when we're having yeah let me see that
let me just get the I'm just going to
get the car key off of
it supposed
to Asher is this your house
key whose house key is that that's my
house okay may I also call my
lawyer yeah have if you want
to I always wonder how many people and
they say I need to call my lawyer like
do you have a lawyer on here I'm just
saying expensive to keep one
entertainers
so never know thanks Serge there's no
problem I'm going to reach over
you goe and step out just watch this
curb so we're going to walk over here
towards these
stairs s in here
please I have you sit in that chair
right there please don't key up
please this is phone
I wait to get this off your
record um yeah give me just a second and
we'll check that I'm sorry it's
[Music]
okay and there's no way I can call
anyone to pick me up um not right now
yes
Ma I
apologize okay
do me favor and stand up so you can take
a deep breath put your mouth all the way
around this hose and you're just going
to blow like you're blowing up a balloon
until I ask you to stop so step
forward blow
hard so you got to blow like consistent
like your B up and blue so deep breath
[Music]
okay go and sit
[Music]
down okay one more okay stand up same
thing take a deep breath and just blow
until I ask get
St okay so try to keep your mouth sealed
all the way around it
okay
as okay
[Music]
it's aggravated okay so that's twice the
legal limit okay so I did find that open
container in your car okay so I know
that this is really shitty and scary and
everything um it's but it is very
important less and cuz it could have
been a lot worse you hurt yourself or
hurt somebody
else so I'm going to take you to the
bathroom Okay and after that may I call
my lawyer
[Music]
yep okay go ahead and stand
up go grab your phone for you okay just
go ahead and sit right
here get your phone I'll be right back
okay
okay Miss so I got to talk with you
about something okay um so because you
are getting charged with DWI okay I'm
sending a notice of revocation to the
MVD okay that means that um it's a
request that we all have to send in when
someone gets charged with DWI um you can
request a hearing on the revocation to
contest it okay um but the request must
be made in writing within 10 days from
today okay I there's instructions had a
request for a hearing and as far as like
schooling goes and stuff like college
this is just your driver's
license okay so I'm not going to call
your school and tell them that you got
arrested for DWI I'm not going to call
your work okay this is just getting sent
to the MVD the motor motor vehicle
division okay to suspend my license
quick to revoke your license okay so but
you can request a hearing on the
revocation okay but you have to do it in
writing within 10 days
okay um there's instructions this will
be with your property okay if you do not
request a hearing if you do not send a
written request for a hearing your
license will automatically be revoked
okay that means that it'll be at a
revoked status in the MVD if you get
pulled over driving on revoked license
you go to jail right away okay and then
as getting it
unrevoked you it's if it gets revoked
there's a certain time frame that means
you have to go to the MVD and get an
interlock okay but it's not revoked
right now okay this is only if it if it
sticks out in court and everything like
that okay this is just a request for the
revocation okay so you need to request
for a hearing if you don't request for a
hearing your license automatically gets
revoked okay do you understand that well
this
me it's New
Mexico okay it's your New Mexico
driver's license okay do you have any
questions about that okay so were you
able to get a hold of your
attorney didn't
okay
um don't stress about that right now
because you don't need to speak with him
right right now okay
um do you have any questions about
requesting a hearing for the
revocation no okay so I'm going to ask
that you sign this this isn't stating
guilt or anything like that it's just
saying I received this notice of
revocation on July 1st okay and you will
get a copy of it um and in all your
property um I'm just finished all my
stuff okay um and then we're going to
get going out to the jail
okay yes okay give me just a
second okay Miss we're going to go out
to the jail
okay and what about the car it got to
and where does it by A1
Towing I'll I have it written down there
so turn around and face that W pleas and
H until you see the judge
and I am not
sure just control your breathing girl
remember
okay got this
please do your favor and sit right
there I'm going to put your
phone in your purse
[Applause]
okay go ahead and stand up please
[Applause]
it's all right
and recording
[Music]