What is she doing? 450? Hey hon, I'll just put the phone down. I'm trying to get my insurance. All right, just put You can put that down right now. I don't want you to get hit as you walk into traffic. You just walk right over here, okay? Okay. So, you told me that you had a little bit to drink tonight. I just had a glass of wine. I don't know if you want to take it to the sidewalk, ma'am. Where are you heading right now? I'm just going home. Okay. You said you were coming from Edgewater. What time were you at? >> I literally was like maybe two blocks away. Okay. And that's Edgewater? Yes. All right. What restaurant? Uh Amici's. Okay. >> The pizzeria. Okay. So, just so you know, uh you weren't you said you thought you were doing about 25 there. >> Yeah. I had to get up to about 70 to catch up with you. Okay. >> That's weird cuz I was right behind a vehicle. So, I don't know why Like I told you, there were no vehicles there. I mean, I was actually on another call. Okay. So, my camera was on the whole time, me trying to catch up to you. Okay. But anyway, I'm just going to put you through a couple of tests. >> That's fine, you're an officer. Okay. That's fine. So, you want me to hold your stuff, you? Yeah, please. I'm just going to read this straight off the book. Yep, no problem. Should I see if this is available to do or try yourself? I suppose they It's up to you, whatever you want to do. All right. I could do it for you as well. You want to do it then? You want to do the walk and turn and the one leg stand? Do you know how to? Yeah, I can do that. Okay. I could always do HGN. How about this? You know, let me do HGN real quick, hon. All right. >> Hold on. Ma'am, do you wear glasses or anything? No, I don't. Okay. I wear blue light glasses at work. Okay. But you can see no problem without your glasses. >> Usually I don't have any problem. >> see my finger? >> Yeah, I can see your finger. All right, what I'm going to do is we're going to whenever I move my finger, I want you to follow my finger. >> Yep. The tip of my finger with your eyes and your eyes only. So, as I move, do not turn your head. >> Okay. Okay? Just look at Just with your eyes. You got bounce. She's bouncing all over the All right. Going to pull over. Going to do a couple more tests. Would you feel more comfortable Steve was here? No, I can do it. I just want to show that I'm really all right. Okay. Okay. All right. So, your first test, you're going to do the walk and turn test. All right. You're going to You're going to imagine there's a straight line in front of you, okay? You're going to put your left foot on the line. Yep. You're going to put your right foot on the line in front of that, okay? Yep. All right. Don't start the test until I Starting position is feet together, arms at your sides like this. And you're going to take nine heel to toe steps, okay? On the ninth step, you're going to do a series of small pivots. And then you're going to return and do nine more heel to toe steps, okay? Okay, can you show me that? Yeah, sure. So, it's going to be like this. You're going to imagine that straight line in front of you, you're going to put your right foot in front of your left, >> Yep. hands at your side, Yep. and you're going to do nine heel to toe steps. Got it. On the ninth step, you're going to do a series of small pivots like this. And then you're going to do nine heel to toe steps and then you're going to return to the starting position. Got it. Do you understand the test? Okay, you may begin. Okay. Next step Next test is going to be the one legged stand test, one leg stand. You're going to stand with your feet together, your arms at either side. You're going to pick whichever leg Are you okay with doing that in your shoes? Balancing on one foot in your shoes? I I'm [clears throat] not comfortable in those the high heel shoes, but it's fine. If you'd like, you can take your shoes off for the test. Would you prefer them off? Do you have any medical conditions or anything that would restrict you from I have medical surgeries, but like I just want to get this over with cuz I'm not intoxicated. I just want to get this over with. Okay, but nothing Nothing that would interfere with doing this test, right? I mean, I have issues with my pelvis because I've had surgeries in my pelvis, but I I don't know if that'll prevent me from this test to be honest with you. Like I just want to get it done cuz I know that I'm not intoxicated. Okay. So, we'll just >> be completely frank. That's fine. Just uh do the best you can. Uh the one leg stand test, you're going to stand with your arms at your And then you're going to be you're going to raise one leg as you choose it approximately 6 in off the ground. Okay. And then you're going to count out loud Okay. 1 1,000, 2 1,000, 3 1,000, 4 1,000 Until when? Until I tell you to stop, okay? Uh I have issues with my right leg because I had my right foot removed. Okay. So, I have a lot of issues with my right leg. So, I my right leg is my dominant leg, so I won't use my right leg. So, I want you to know that. Okay. Cuz that is my dominant leg. Okay. Okay. But that's like that I have an issue. So, I Whichever leg you choose, ma'am. As the officer said, you can choose either leg. >> The one you're more comfortable with. Do you have an issue with your right one and you'd rather do your left? All right. Um I'm more comfortable with my right because that is my most dominant hand. Okay. Do you understand the test? Yes. 1 1,000, 2 1,000, 3 1,000, 4 1,000, 5 1,000, 6 1,000, 7 1,000, 8 1,000, 9 1,000 10 1,000 11 1,000 All right. Ma'am, I just want to point out something. You The officer demonstrated the test for you for you. >> trying to figure out. >> You You did nothing even remotely close to what he >> to figure out, sir. Yeah, so I explained the test to you, right? >> That's what I'm trying to figure out. So, you said to lift up my leg. Right. 1 1,000 Can you explain that to me one more time? I'm sorry. Pick up the leg you're choosing with your arms down at your side. Got it. All right. This is the starting position for the test. >> Got it. You're going to pick up the leg you're choosing approximately 6 in off the ground. Okay. Approximately 6 in. Just how he's doing that. >> Got it. You understand? Yes. Would you like to try again? 1 1,000 I'm sorry. Okay. So, based off my observations, I do believe that you're under the influence right now. Okay. So, what we'll do is we're going to place you under arrest for suspicion of DWI. And we'll go back to the police station. Uh you can provide breath samples if you'd like. Uh refusal to provide breath samples is an admission of guilt, all right? I know that. Okay. All right. But I'm not I'm not under the influence Officer, can I do anything to like convince you that I'm not under the influence cuz I'm not. So, based Based off my >> just had two glasses of wine two blocks away. I I have been I was a law student for years. Like I I know this, all right? So, you can ask my captain if he observed No, no, no. I understand that. Ma'am, just so you understand, the three tests that were administered to you, the one I administered, the horizontal gaze nystagmus, you failed. And then the officer had Ma'am, ma'am, just 1 second. Then the officer had you do the walk and turn test that he demonstrated for you. You did nothing even remotely close to No, ma'am, let me finish. >> No, no, I understand, Captain. I'm sorry. >> Well, well, no, no. He He He He He actually demonstrated the test. Then he demonstrated the one-leg stand twice. And when you perform the test, again, it was nothing close to what he demonstrated. >> That's what I was confused about, Captain. That's why I asked him to explain it. I'm sorry. >> He He did twice. >> sorry. I'm sorry. He raised his foot in front. He said, "1 1,000, 2 1,000, 3 1,000." >> what I did. >> No, you didn't, ma'am. You You lifted your leg up to the back. >> That's what I did. I lifted my leg to the back. I didn't know that he wanted me to lift my leg to the front. >> you how to do the test. >> He did it twice. So So, what we're going to do is I'm going to place you under arrest. Okay. Can I call my brother who's an officer? Uh not right now, okay? Okay. Can I not have faith in this life? Can I just like go Ma'am, you're going to get No, you're going to get You're going to get placed under arrest, okay? Yeah. That's just how it's going to go. So, if you place your hands behind your back for me, please. If you believe you're innocent, then Yeah. 4575 4588 Good, John. Sergeant, you can head this way. Patrolman Qualis, place one under for DUI. I'll stand by for the tow. If you could just follow him back. It's a female driver. 45 received, Captain. The sergeant is on his on his way. I'll follow you back. Okay. Comms, one tow. One tow. So, if you place your hands in the car over here, okay? Just watch yourself, ma'am. I'm on the ground. You want me to stay with the car? I'll hang out. We have another car coming. Thanks, bud. If If you're If you blow under, I believe you can get it tonight. Or Yeah, we'll work that out. It's fine. You got a flashlight? Can I borrow your flashlight real quick? Yeah. Thanks, bud. Her cell phone and her wallet were in there. Thank you. >> I have her car key. Thanks, dude. I'll whip around. I'll follow him right behind him. 78609.0 452214 I'm sorry. No. I'm coming up Broad, northbound. I'm sorry. Is there any way that I can call my brother from We're going to have to We're going to have to do this test at the station before we get there, okay? Uh can I call my brother before, officer? No. I'd like to call my brother before. Okay. Well, right now you you cannot. I'm sorry. 43522 Right now you you cannot. Okay. No, no, no. I I understand. 432215 [clears throat] 4588 behind the truck 432216 You all right there? Okay. This has never happened to me. I understand. I'm a law student. Like I just graduated from law school not so long ago. So, this is like very weird for me. To be submitted to like the same thing that I learned in law school is very weird for me. Mhm. Does that make sense? Of course that makes sense. I'm sorry. Of course that makes sense. Especially when I'm in a town that like I just started clerking in this city county. Mhm. Um So, it's very weird for me to be in this town and I just met my like sort of law clerk today. It's like that. So, this is very weird for me. Okay. Well, we'll try to get this over with as quick as possible. I'm sorry cuz this is never been an experience that I've been accustomed to. This is so I'm not prepared for this at all. 322 ending miles Proceed. 78610.3 That's all right. >> [clears throat] >> Proceed. 78610.3 Okay. Can you please take this off me? Cuz Yeah. I'm not going to resist anything. Oh, the handcuffs? It's really hurting my hand. Okay. I never realized that before. Yeah, it's very uncomfortable. Once we get inside, I will get it off you, okay? It really hurts. No, I understand. It's supposed to be behind your back. That It is behind my back. Okay. All right. We're just going to go down the hallway to the right. Right here? Uh no, the right over here. And then this left door. Do you mean to this? Yeah, I'll take that off you if you want if you want to stand up. All right. I do got to keep you on this wall, okay? >> That's fine. You're fine. It's fine. Whatever you got to do. Okay. I'll put it loose for you, I mean. Fine. Here, can you slide over a little, ma'am? All right. Thanks. Read Miranda in here. First one. Read Miranda first. We'll get her processed, John. He did a sheet. I did the arrest. Okay. So, being you're a law student, you know you're you know Miranda warnings. Yep. All right. >> [clears throat] >> It's just going to be a few documents and then it's the test and then it's it, okay? Yep. I'm sorry. I don't mean to be rude. Yeah. I'm just tired. I understand. I understand. Listen. I've been dealing with a whole bunch of [ __ ] this week, so I'm sorry. Listen. I don't mean I'm not taking it up on you. I I understand, okay? I'm not I'm not judging anyone for the circumstances or anything. So, I just I'm going to read this to you and you just say if you understand or not. Number one, you have the right to remain silent and refuse to answer any questions. Do you understand that? understand. Okay. Number two, anything you say can and will be used against you in a court of law. Do you understand that? >> Number three, you have the right to talk to an attorney at any time and have him present with you while you are being questioned. Do you understand that? I understand. If you cannot afford to hire an attorney, one will be appointed to represent you before any questioning if you wish. Do you understand that? I understand. You may stop answering questions or request an attorney at any time. Do you understand that? I understand. Okay. So, if you do not understand that, if you could just initial. Okay. Where it says initial. Can I write a signature? So, you would just write your name in there. But, just read read that first. >> Read this. That's just stating that I read that to you in a clear voice and that you understand it. And then you you would sign here. I mean, I think Thank you. Steve. Yep. Could you hang in here for me? I got to grab her deal. Just so you were not like that. So, whether she wants to listen to you or not, you got to read it the whole thing on camera. All right, Ms. Vasquez. I have There's another one I got to read to you, all right? Go ahead. All right. Uh you've been arrested for driving while intoxicated, which is NJ statute 39:4-50. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record will be made available to you. After you provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath breath, blood, or urine for independent testing. If you refuse to provide samples of your breath, you will be issued a separate summons for the refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty. You have no legal right to have an attorney, physician, or anyone else present for the purpose of taking breath samples. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you provide breath samples will be treated as a refusal to submit to breath testing. Even if you agree to take the test, but then do not follow the instructions, do not properly perform the test, or do not provide sufficient breath samples, I will charge you with a refusal to submit breath testing. I repeat, the law requires you to submit samples of your breath for testing. Will you submit samples of your breath? No. No? Okay. That's okay. Can I contact my attorney or does that happen later on? Later on. Later on. Okay. No problem. I'm sorry. I don't know how this works. No worries. Look at that. I'm not involved here. I'm involved after. So, just if she answered no, you have to read this portion one more time. Mhm. And then she has to say no second time. No. Okay. Your answer is not acceptable. The law requires you The law requires that you submit samples of your breath for breath testing. If you do not answer or answer with anything other than yes, I will charge you with a refusal. Now, I ask you again, will you submit to breath testing? No, but I got to get my attorney. Okay. So, go through this. All right. I'll just go through the forms and then I'll be good. I believe so, yeah. Mhm? Yeah. Nicole, that's your your car, right? Registered to you? >> registered to me, insurance to me, all that. Just making sure. So, can I call my brother? Right. Yeah, you can call your brother. Family member who is not intoxicated. Can I get a Can I get my phone now then so I can call cuz he's from Jersey City? >> We can start working on getting you a ride over here and we'll do that while we go through the forms. If he's far away from here. >> Yeah. He's like 15 minutes Yeah. Yeah. Yeah, a little bit cuz he's he's he's inexperienced. So, like he won't take a while. I got you. So, Officer Kim Officer Kim does have to start this up and we still have to do a 20-minute observation. That's fine. That's fine. No? Oh, you can just do the refusal then. All right. Here, you can come sit in this room. If you want to ask any question, you can just ask the question. Thank you. Whatever you need. Here, can you just wait here? No, no, whatever you need, officer. He's a little bit inexperienced, so he it'll take him a while to get here. Here, we Thank you. You're welcome. I'll go sit in here. I'm just going to find where I put your license. Oh, yeah? All right, Ms. Vasquez, what's your home address? I know, I'm sorry. No, no, you're fine. I understand. All right, so this questionnaire is just for state record. Yep. All right. B. Mhm. Okay, so Ms. Vasquez, what do you do for work? >> [clears throat] >> Okay. So, here I have to advise you again of your Miranda the You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney before any questioning. Um if you cannot afford to have an attorney then the state will provide one for you. Okay? Got it. >> Do you understand? Yes. Okay. >> understand. Thank you. So what kind of alcoholic drinks did you have tonight? I just had one glass of wine. Okay. Where was this? Um um pizzeria. Pizzeria? Yeah, at the pizzeria. Okay. What's Yeah. Um um pizzeria. Um um Um um pizzeria. Englewood. Yes. Yes. No no no. Englewood. There's one in in North Bergen. Yeah, but the one that I went to was Englewood, two blocks away. Okay. No, the pasta is really really good. If you get the pasta with chicken, it's a lot better. I've never gotten it with chicken. Today I got it with chicken. Stellar. Stellar. All right. So what was the time between each drink that you had? I had one drink. Okay. I got there at 5:30. That's all that I had. Okay. Where did you have your first drink? Um um pizzeria. Okay. I had pasta after that. That's all that I had today. What time did you finish eating? What time did I finish eating? Mhm. Uh I finished eating around 7:00. Finished talking to everyone after that. Cuz I met people at the bar. Okay. And >> I'd say approximately 7:30. I'm not 7:30? >> Um I'm not exactly sure, officer. That's fine. I would say approximately 7:30. All right. So I can't You want to take a picture? But I will say that What [music] did you eat? I had pasta. Pasta? Yep. And I brought some home. Okay. I have some more at home. All right. I would like to take one home. >> [laughter] >> Is that possible? Yeah. What kind of ride do you need? I'm sorry. Sure. Give him a call. I'm really sorry. Like I said, he said he's in a cabin, so I feel really bad. Oh, there's nothing you can do. Yo, I need you to pick me up. Yeah, I just I got pulled over. Um they said that I'm intoxicated, but I'm not. In Palisades Park. So I need you to pick me up cuz they just towed my car. Yeah. Yeah. I know. I know. It doesn't It doesn't make any sense. I had one glass of But I have to go through the process and I have to get an attorney and I have to go through the process. So I don't have I don't have to fax anything? I'm told so I need someone to pick me up. So if you can't pick me up So let me know if you can. All right. And then I'll just issue tickets. If you want to go issue tickets, you can go issue tickets. Okay. Steve. Yeah. Can you just have her sign the Miranda one more time while I issue? Um can I'm sorry, officer. 275 Broad Ave, Palisades Park. 275 Broad Ave? Broad Ave. Broad Ave. Palisades Park. >> Palisades Park. Mhm. >> I mean if your brother just Googles Palisades Park Police Department. Yeah. Yeah, not any any that easy, officer. All right. I'm going to issue this. All right. Before you are asked any questions, you must be advised of your constitutional rights. Number one, you have the right to remain silent and refuse to answer any questions. Do you understand that? Miss Vasquez. Yep. I got you. I need a verbal yes or no. Yes. Okay. I heard you. Two, anything you say can and will be used against you in a court of law. Do you understand that? Three, you have the right to talk to an attorney anytime and have him present with you while you're being questioned. Do you understand that? Yes, I will call. Number four, if you cannot afford an attorney, one will be appointed to represent you before any questioning if you wish. Do you understand that? I understand. Thank you, officer. Okay. Number five, you may stop answering questions or request an attorney at any time. Do you understand that? I understand. Okay. >> I would like an attorney now, but I would like it after this. We're not asking any questions though. No, I understand. All right. Um I, Nicole Vasquez, have read the above statements of my rights and they also have been read aloud to me. I understand what my rights are and I am now willing to answer questions without the presence of an attorney. No promise or threats have been made to me and no pressure or coercion of any kind has been used against me. All right. Just like before, uh just need you to write yes and initial. You right-handed or left-handed? I'm right-handed. All right. Yeah, I can sign with this hand. All right. Sorry. Do you want me to If you want to pass me the folder? >> Did he give you a clipboard? No? He I think he gave me a clipboard before when I signed the other documents cuz they were kind of like Yeah. One second. Question number uh number that one. I see it. That's where you guys sign them. Oh, thank you. That's so sweet of you. So um if I wanted an attorney I I signed this already. Yeah, no. This is the second one. Okay. That was just So do I put my name here, initial here, here, here, here, and here? And then write in yes yes yes yes yes and sign here, please. Got it. Last drinking form questionnaire. This should be with the forms I gave you. Just fill it out and you have to fax it out to the state, please. This one? No. Uh the last drink is from about an hour ago. Yeah, that one. Fax it out after you fill it out. All right. I'll do that when we're using the bathroom. >> used to like having a watch. I'm really sorry. I feel like a drama person. You want to take it off? I'll just put it in your bag. I got it. All right. Thank you, ma'am. All right. Uh I'm going to take her to the bathroom. She wants to use the ladies' room. And you said bathroom the address was 275 275 I just want to take it back to my brother. 275 what? Broad. Broad. B R O A D. Got it. Avenue. And that's Palisades Park, you said. Yes. I'm sorry. All right. Let's go use the restroom. Actually, just have a seat. I have to swap out my keys. 322 All right. Ready? Your case is uh 2023-15229 The time on there is 2011. Can you tell that I can't tell that this is my life? All right, just straight down the hall. The ladies room sign, it's Got it. Oh, I see it. Is this where they have the town council meetings? Yes. This is really cool. All right, this way. I'm so surprised you have your body cams on. I'm glad you don't have to. All right, left. All right, we'll make it too tight so your watch doesn't >> that. Oh, thanks. Yeah, that's fine. Promise I won't be too easy. 45310 Turning off my body worn camera.