on July 30th 2022 Rio Rancho officers were dispatched to a motor vehicle crash involving two cars at an intersection according to dispatch a vehicle ran a red light at the intersection causing a crash with another vehicle upon arrival officers learned through a witness statement that a driver of a white Hyundai had caused the crash the driver was traveling southbound and turned left at a red light causing the white Hyundai to be T-boned by another vehicle [Music] this car where's your friend so I asked you earlier if you were the driver you said yeah I asked you if you were driving yeah driving yeah okay so do me a favor put your put your phone in the pot in your pocket for me Mark are you listening yes put your phone in your pocket for me Mark Mark put your phone in your pocket the theme was talk to me somebody hit me okay and I understand that okay but what I'm gonna do right now is I'm gonna make I'm gonna do some tests to make sure you're okay to drive okay so what I need you to do is put your feet together your mom's still on the phone go ahead and get your phone okay are you willing to do standardized field sobriety tests just to make sure that you were operating this vehicle safely I wasn't operating so you were operating it so who was operating this vehicle hang up your phone bro tell your mom you got to go hit the end button you just said huh just said to yourself who hit me in my car is the point okay mom where are you mom where is she hang up the phone oh my God hang up the phone do me a favor bro hang up the phone we're trying to figure this out all right tell me what happened what happened is I was turning going Southbound okay so you were driving the vehicle and you were gonna go left I was gonna go left in the 15th did you hit me right there I got somebody behind you okay so you were driving Southbound on 528 yeah to turn onto Iris right yeah okay so you were you were driving you were driving this when you turned right no it was hold on you want to get your lawyer why do you want to get your lawyers because my lawyer is my mom your lawyers okay and and what and that's why we're here that's why we're here okay but my concern is my concern is Sir my concern is that you're okay to drive right now so do you agree to do some field tests with me to make sure you're okay to drive you were operating this vehicle you were okay to operate the vehicle okay that's fine but I'm talking to you right now sir you're an adult so I can speak with you okay are you willing to take some field test sobriety tests to make sure that you were okay okay but I just asked you if it you were driving the vehicle in turning and you said yes so if you weren't driving the vehicle who was driving the vehicle unless you can tell me who was driving that vehicle and I can get a hold of them you need James James James who Jim Rhodes do you have a phone number for James okay well I have a witness that saw you driving the vehicle so where we're at right now is I need to know if you're okay to do some tests that I'm going to conduct are you willing to do those tests yeah [Music] it's a variety tests to make sure that at the time I wasn't driving the vehicle and I could touch what you're telling them we can we'll do it here and it'll be a teobe three tests that I'm going to have you do okay but I need to know yes or no Mom your mom your mom's talking to that other officer okay [Music] because someone hit me in my car fish it looked in my hands it's in my car they hit me hard okay are you are you are you willing to do those tests or no yeah you're over the age of 18. come here mom look so much okay I have to go stay right here come here so at this point I need to know if you're willing to do these filter variety tests mom should I do a field Society test sir you have to make these decisions for yourself right okay it's a yes or no simple what are you gonna do she's asking you a question what if I have my lawyer career what if you want to have your lawyer come here yeah this is this has nothing to do with your lawyer this is either yes or no but I'm asking you so what do I do if you make that decision are you willing to do those tests you said you have not been drinking okay it's a it's a test that we're going to do here out on the street right okay go ahead and do me a favor put your feet together face me face me there you go feet together hands to your side hands to your side feet together okay sir you're gonna say just the way you are feet together hands to your side look at the way I am do you see me so what did I tell you you're gonna say like this for me put your right foot in front of your left hands to your side hands to your side and you're gonna say like that okay hey when you are ready you may begin sir foreign [Music] the suspect was arrested and handcuffed and placed in a patrol vehicle the officer also read the New Mexico implied consent act to the suspect do you agree to take our tests hey and why did it we're not talking about you look about Mark about who he is Mark I need to know yes or no are you willing to take our test I already did take the test you felt sobriety too sir so this test is a chemical test okay are you willing to take the test keep in mind if you decide that you don't want to take the test then this becomes an aggravated DWI and your license can can possibly be Revolt okay do you agree to take the test yes or no I need to know now I need to talk to my mom first okay no this is a decision you can make not your mom decision yes or no are you willing to take the test where is this Santa Claus I just read you I read you this things like consent yes or no are you willing to take the chemical test yes or no mark otherwise if you don't answer me I'm going to take it as you say no one refusing to take it which that like I said that becomes aggregate okay Mark are you listening to me yeah yes you're willing to take it um yes or no [Music] no but it's just a chemical test you're going to blow into a machine that's what it is but I need to know yesterday I need to know talk to my parents first yeah I'm gonna let you talk to your mom yeah okay let me get your mom okay okay we're gonna roll down the window I got your wallet right here um the suspect was charged with BWI Forza fence careless driving open container and failure to yield in court the suspect made a plea agreement and pled guilty to DWI while the charges of careless driving open container and failure to yield were dismissed by the prosecutor as for the P agreement thank you [Music] [Music]