Hello. Hi. >> How are you? >> I'm good. How are you? >> Good. Officer under the Rancho Police Department. I just stop you. So, you're uh I ran your plate in your um registration suspended due to your insurance. Yeah, it's showing that there was uh the reason is due to insurance. I don't know if you had like a lapse in insurance at some point or maybe switch insurance companies or something. >> I just paid my insurance bill. What the heck? >> Okay. Yeah, it was showing that it's uh suspended. harm. >> Do you Okay, >> that's insane. I lit I could show you my payment. It just came through. >> Oh, did it? Okay. >> No, that's annoying. >> Yeah. Do you have >> I could literally show you my payment. Oh my god. What the heck? >> Yeah, it's weird. Yeah, that's on the showing side. Do you have your registration with you, too? >> So, give me a minute cuz they know they send it like every six months. >> Okay. >> I'm so sorry. >> No, it's okay. >> We're on your way home. >> Yeah. Yeah. >> Okay. Where we coming from? >> Uh we coming from Chapen Taco. My husband had a meeting with all his co-workers. >> Oh, cool. >> But we came from gymnastics and jiu-jitsu originally. [laughter] >> That's cool. >> Any alcohol for you tonight or No, sir. >> Okay. >> Okay. Do you mind stepping out just for one second? Okay. >> Okay. [laughter] >> I'm sorry. I'm just really really mad with the insurance company. He can come here. >> I've had so many issues with them and like for it to be suspended. What the heck? >> Yeah, that's weird. It just says like reason is insurance. So yeah. >> Yeah. I mean I'm like I've never been pulled over. My insurance is current. My registration is I mean obviously good to go. Yeah. >> Yeah. It's weird. I'm just going to look at your You said no alcohol or anything, right? Okay. I'll just look at your eyes. No. Uh do you have any traumatic brain or injury history? >> No. >> TBI or nothing. Okay. Just follow just your eyes. Can you see it up there? >> Okay. Can you put your feet together for me a little sides? Yeah. There you go. Just hands to your sides. I'm sorry. My eyes >> You're good. You can blink as you need to. Okay. >> No, I'm sorry. I'm trying not to blink so that way like I can do it properly for you. >> Okay. You're okay. I'll have you. >> And I'm not wearing my glasses. So, >> do you normally And uh no eye contact, right? Just >> No, I normally wear glasses, but I'm not wearing them. But I have them with me if I can. >> Okay. For this test? Yeah, just for this test. I just Or not. You can't have it for this test. Yeah. Do I need I typically wear glasses? >> Yeah. You just didn't put them on while you're driving? >> No, I need to because I have a stigmatism. >> Oh, you do? Okay. Um, so you normally wear them while you're driving. Just Okay. >> But I'm not wearing those, so I'm sorry. >> Oh, it's okay. Okay. And then uh you said no alcohol cuz I could smell alcohol. Is it? >> No, I don't have alcohol. I have cinnamon gum, but I can take it out if you want. >> Okay, you can take it out. Okay. >> Yeah. But uh nothing earlier though at all. >> No, I just drink water. >> Just drink water. Okay. Um, so no TBI history, no serious head like concussions or anything like that, right? >> What's TBI? >> Like a traumatic brain injury? >> No, no, no. >> Okay. And no serious like head concussions? >> No, but I do take medication for bipolar and I do take medication for anxiety and depression. >> Okay. So today Yeah, I took um my limotrogen about >> an hour or two ago. So I don't know. That's my bipolar medication. >> Okay. And but you're just taking it as like prescribing. >> Okay. Um and then those are the only things that you take, right? Okay. Okay, perfect. Do you have anything inside your mouth at all? >> No. >> Okay. Lift up your tongue. >> Perfect. Okay. And yeah, cuz another thing I saw too is whenever you turned over on the iris, you were coming off onto the shoulder too while you're driving. >> Okay. >> Was there a reason for that or were you just like >> No, maybe I overturned. I'm sorry. >> Okay. Yeah. Well, it was why you were driving up on Iris. You're kind of like going up. >> It is dark up here and I don't have my glasses on, so I'm sorry. >> Okay. Yeah. So, I'll have you keep your feet together for me. Uh, hands to your sides and just stay in that position for me and then follow to my finger right here. Just follow with your eyes or eyes only. to bed. Sure. >> I do have a question. I'm sorry. I did this two times already. Do I have to keep doing this? So, I'm sorry. I just My kids is like 10:00 and I'm trying to get them to bed. >> You did this two times. >> Yeah. You just asked me to do it two times. >> Oh, you're talking about me falling >> into Yeah. No. And I'm sorry. I'm not trying to not cooperate, but my kids like I'm trying to be cooperative with you, but my kids I have to get them home. And I'm sorry. Like, I don't know what happened with my insurance. And I'm sorry that I swore I do not have my glasses on. and I can put them on for you if you need me to. >> Yeah, I just want to finish looking at your eyes and we'll move on from there. I just want to make safe to drive as well. Okay. Yeah, we won't take too up here. Can you see it out there or no? >> Okay. >> Do you want me to put my glasses on and do it? >> No. Yeah, you can't have your glasses on for this test, but you can for other test. >> Okay. But this is if I need my glasses. I mean, I'm doing it perfectly. No. Yeah. Am I doing it? >> Look like you're looking past it. Yeah. It's all Yeah. When it's like supposed to look straight at your finger or just like in the direction. I have never been in this position before. So, am I supposed to look at your finger or like in the in the >> Yeah. So, if it goes all the way out, I'm holding it. Just keep staring at it. I'll >> Okay. Okay. I'm sorry. That just seems very confusing. >> You're okay. >> There you go. Yep. Swallow. >> Is that better? >> Yeah. Right there. Keep following. Yeah. There you go. >> I'm so sorry. >> You're okay. >> I've never been in this position before. >> You're okay. I'm trying to figure out if I'm looking at your fingertip or not. >> Okay. >> You said my fingertip. >> Yeah, I can see your fingertip. >> Am I looking at your fingertip? Yeah, you should know, right? >> Well, I mean, I think I am. >> Okay. Yeah. Keep following it. >> I'm looking right at your fingertip. >> Okay. Almost done. >> Okay. I'm so sorry. I'm like my kids are like, "What's going on?" [laughter] And I've never been in this position. >> You're okay. We're almost done. Just keep your back completely straight down. >> Okay. down. >> Okay. >> Um and you you you can put your glasses on for other tests and stuff. >> Yeah. >> Okay. Grab us. Yeah. We'll just do a couple other test and you'll be good. >> We're going to go home. >> How old are your kiddos? >> I'm six. Six. Both of them. >> Yeah, they're twins. >> Oh, are they? Okay, that's cool. We'll just come right up here. >> So, uh, or face me this way. >> Oh, there you go. No, you're fine. >> Do I need to back up? >> Yeah, right here is perfect. Yeah. >> Right here. >> Uh, yeah. And just kind of come over. >> Over? >> Yeah. >> Do I need to be right here in the middle? I'm going to I'm going to demonstrate for you. Um, yeah. So, why can I smell alcohol if you haven't had anything? >> I don't know. I'm sorry. >> Okay. You just haven't had anything at all. >> I don't know if this is cinnamon coming off my I had cinnamon gum. >> Okay, that's all you have. I only had water at Tan Taco. I just have my phone and my husband, he's over there, so I'm sorry. >> No, that's okay. Okay. So, >> they're all drinking, but I don't drink because I'm on medication. So, I'm sorry. >> Okay. So, you could blow in your breath right now. >> Sure. I mean, if you need me to. >> Okay. You'll be fine. Okay. Go ahead. >> Do I need to? I >> Let's do these real quick and then we'll get to that. So, then put your left foot on that pain line for me. >> Your your left foot on the pain. >> My left foot. >> Yeah. Put it on the painted line though. >> Okay. >> You're not on the pain line. >> Oh, on. [laughter] >> Yes. On the pain line. >> Okay. Sorry, cuz you had me move over. >> No, you're okay. I'm sorry. >> Put your right foot in front of your left, the heel touching your toe. Keep your hands to your sides. >> There you go. Yep. Yeah. Just stay in that position until I tell you to begin the test. Okay. >> So, whenever I tell you to begin, I want you to take nine heel to toe steps on that pain like nine. >> Nine. Yeah. Whenever I tell you to begin, though, demonstrate for you. Okay. >> Okay. >> Yeah. So, just stay in that position. >> Okay. >> Yeah. >> Right foot in front of your left heel to touch your toe. Yes, ma'am. >> So, just stay in that position till I tell you to begin test. Whenever I tell you to begin, we're going to take nine heel to toe steps on that line. Go watch me to demonstrate for you. Okay. One, two, three. I took three. You're going to take nine. On your ninth step, leave that. >> Do my feet need to be directly cuz yours is not. >> Heel to heel, toe to toe. >> Okay. >> Heel to heel, toe to toe. On your ninth step, leave your front. >> What is the like if I fall or >> just keep Yeah. Just keep uh Yeah. You'll just keep walking and and counting. Okay. >> Okay. >> So, on your ninth step, leave that front foot planted. You're going to use your rear foot to take a series of small steps to turn yourself back around. Face that way. Then you'll take that more back. Okay. Okay. >> Okay. >> One, two, three. Good. I took three. How many are you taking? >> Nine. >> Yep. >> Okay. >> It's important during this test. Look down at your feet. Count out loud. Keep your hands to your side. >> Okay. So, my first foot is one. >> No. So, get in that position that I got you with your right foot in front of your left foot. >> Okay. >> Right in front of your left. You'll touch your chin. There you go. Yeah. So, your first step from there, step number one. So, during this test, you're going to look down at your feet kind of out loud. Keep your hands to your sides and stop test. >> Okay. 1. 2 3 4 5 6 7 8 9. Is that okay? >> Yeah. Do the turn that I told you. And nine more back. >> Okay. And back. I'm sorry. I'm just trying to make sure I'm doing this right because I've never been >> one. Oh, wait. Can you point your light more here? >> Absolutely. >> Thank you. One 2 3 4 5 6 7 8 9 >> Okay, go ahead and turn to face me. >> Do you need to do it again? >> No. >> Okay. >> Yeah. I'm I'm gonna tell you what to do. So, go and put your feet together again. Heel to heel toe to toe. Keep your hands to your sides. >> Yes, ma'am. Hands to your sides. Stand in position. Tight. Tight. To begin the test. >> Okay. >> So, for this test, you can choose a foot of your choice. Whatever you're more comfortable with, your right or your left. Okay. You're going to raise that foot approximately six inches off the ground with your toe pointing outward. I want you to look down at your elevated foot and count out loud. 1 10002 1003. So on and so forth until I tell you stop the test. Okay. >> So, it's important you look down at your elevated foot. Count out loud. Keep your hands to your sides. Keep your legs fully straight. >> Okay. Which way are you going to raise >> in front of here? >> Yep. Six inches. And then look down your foot. Turn out. >> Yeah. Approximately 6 in. I'll tell you when to begin, though. >> Okay. >> Okay. You're going to raise your left foot. >> Yep. >> Okay. If you have no questions, you may begin whenever you're ready. >> Okay. Ready? >> Yep. Go ahead. >> Dude, tell me when. >> Just keep going. Yeah. I'll tell you when. Okay. I'm sorry. >> Are you okay? I should also mention um I have dis disability. I have bad hips. >> Okay. Okay. You can stop. Yeah. I asked earlier if you had any physical limitations. So that that is a physical >> I didn't hear you. I'm so sorry. Yeah. No, I have and I can show you my disability paper. I have bad hips and I have Yeah. bad back, bad hips >> from the military. Okay. What grade you in? >> Uh Air Force. >> Air Force. Nice. >> I was dental assistant. So, I mean my back, my neck, and my hips. I have >> everything. >> Mhm. >> Okay. Um, what's your highest level of education? >> Um, well, I have associates, but I'm in school. >> Okay. Um, so you know the English alphabet. >> Yeah. >> Kind of silly. Okay. Kind of 100. >> Oh, but I cannot do that backwards. >> I can't do that backwards. [laughter] >> No, you're okay. Yeah, you're okay. Uh, so I want you to recite the alphabet starting with the letter G is in George and ending at the letter T is in Tom. So G through T. And correct. We're going forward without saying it. >> Okay. Go ahead. >> H I J Do I need to start with G? >> G to T. >> Okay. G H I J K L M N O P QR ST. >> Okay. Count backwards starting from the number 72 ending at the number 51. >> Oh my gosh. Okay. I'm not good at math. Okay. 72 71 70 69 68 67 66 65 64 63 62 61 60 59 58 57 56 55 54 53 52 right um so I I have what's like the club right test I told you about you will participate in that the results of it can't be used against you in court >> okay but did I not pass the other ones >> so like I said something I could use for my investigation It's uh it's a probable breath test I could use for investigation, but the results of it can't be used against you in court. They're not admissible in court. >> Okay. But did I do anything wrong is the thing. Did I pass my first >> I'm I'm asking if you're willing to participate in it. >> No, I'm not. Because why? >> But you've had zero alcohol and you're not >> No, I have not. No. So why? >> Because I just did all of your >> No. The thing is is you're showing impairment to me during these tests. >> How? >> You did not say any of that. How >> I don't I don't have to explain to you. I'm doing I'm running through these tests. No, you should explain to me exactly how because I've never been pulled over in this situation. You pulled me over for my insurance >> and I told you you were swerving, right? You're going off. >> Yes, because I have that eye vision and I told you I was not wearing my glasses and then Okay. Yes, I understand that, sir. And I understand because my stepdad is a he is a cop. >> So, I do understand your concern, but I did all your tests. Did I fail your tests? >> I'm letting you know that you're showing impairment during these tests. >> Okay. Okay. I understand that. And I tried to prove to you my impairment. >> So, you're not I understand. And that's my concern, right? Let's make sure that you're able to go through with them. >> Okay. So, you're not willing to just >> No. Why would I do that? Because you just had >> Because if you've had zero alcohol, then there should be no issue wanting to do that. >> There should not. No, I understand that, sir. But I'm not alcohol drinks. >> No, I have not. >> Why can I smell alcohol? >> I don't know. Why? Why can you smell alcohol? I have not had alcohol. >> Okay. But you don't want to blow. >> No, I do not. Because I did all your test. Did I fail your test? >> You're placed on your wrist. >> No, I am not. You are. >> What did I do? >> Just stop. You're placed under arrest. Okay. >> Why? >> I need to tell my husband. What? >> We don't have to make a scene for your kids. Okay. You're not You're not safe to drive. Okay. >> Yes, I am. I just did all your tests. What did I do wrong? >> You smell of alcohol and >> No, I do not. Okay, that's an opportunity for breakfast. You're going to have an opportunity for breakfast. >> No, I do not want to do a breath test. You don't have to >> because I just did all your other tests. >> 5 23. I have 115%. >> No, I just did all your other tests and that is not fair to me. >> I'm on the DBI unit. I do this for a living. >> Okay, I understand that, sir. >> Okay. I need to make sure that you're safe to drive. Okay, >> I'm not targeting you. There's nothing wrong with that. You're showing impairment on the test. I can smell alcohol. >> Your eyes are red and watery. You're showing impairment to me on the test. >> I wear makeup and I got something in my eye earlier and I'm not No, in one of my eyes in my right eye this morning. I got an eyelash in my eye and I I had a hard time getting it out. >> But I can smell alcohol in your breath. Even though you have gum in your mouth, I can smell alcohol in your breath. >> Okay, fine. You can smell alcohol in my breath. But that's not true. >> Okay. >> If that's what you think, >> if that's not true, you're going to have the opportunity to do your breath. No, I do not want to do that because he doesn't drink alcohol to do that. Fail all your tests. Did I fail them? Did I fail your test? Yes or no? They're not pass or fail. But you showed him. >> Did I not pass or fail? Then what the heck did I do wrong? >> I'm not going to sit here and argue with you. Okay. >> No, I do not have to do a breathalyzer test for you to prove that I did not. >> Okay, you don't have to. You're under arrest. >> I need to call my fine. I'll get You're not going to demand things. Okay. >> I've been completely Yeah, you're >> I have also been cooperative with you >> and I appreciate your cooperation. Did I not just do all your tests and you're going to run in front of my kids? >> Yeah, because you're not safe to drive. I don't feel comfortable. >> Am I not safe to drive, sir? >> Okay. >> That is not fair to say because I just did No, I just did all your tests. How did I fail your tests? Get the body camera because this entire time. >> No, but I understand that, sir. But I did all your tests and I did not fail your test. And that's what's frustrating me. >> How do you How do you know that you didn't fail the test? >> Because these tests then did you say anything? Then you should say something then. Did I fail your test? Yes or no? >> You showed impairment on the test. >> How? >> I Oh, do I need to explain all? >> Yes, you do. Because you're arresting me. Yes. >> Okay. >> How did I fail? >> Argue with you. >> NO, YOU'RE NOT arguing with me, sir. You did not tell me how I failed. >> Well, you're not being truthful with me, right? >> How am I not being truthful? You don't KNOW THAT. >> STOP. I HAVE TWO kids in my car. >> Yeah. You're not safe to drive now. PUT YOUR FEET IN. PUT YOUR FEET IN. >> NO, SIR. >> YOU'RE under arrest. I need your >> Are you going to resist me now? Okay. you. But please give me >> I'll get a sergeant. You want a sergeant? Okay. Now, I need you to stay calm. I need you to get your feet in. >> I'm happy to have him come over. >> And I want your boss. Yes. Because how are you going to tell me I was not cooperative? >> That's perfectly fine. >> I never said you weren't cooperative. >> Okay. But I say that. I said telling me how. >> Just because you cooperate doesn't mean that you're okay to drive. >> Okay. But how are fail? >> They aren't pass or fail tests. >> Then how are you going to test? >> Showing impairment. Everything I see in your eyes is showing impairment. Okay. And I told you I did not have my glasses on and I told you that. >> AND WHY ARE YOUR EYES DILATED? >> How are my eyes dilated? >> Your eyes are huge as >> probably cuz it's dark outside. >> Okay. So then how are you going to tell me? >> Because your pupils dilate to allow more light in. >> Okay. And I >> cuz I'm also a drug recognition expert. >> Okay. Sure, sir. I want your boss now. >> That's cool. I'll get him start. Okay. Thank you. >> Hey, it's okay. It's okay, guys. It's okay. It's okay. I know. I know. >> It's okay. >> It's okay. Mom's just going to talk to us. That's all. She's just talking with us. >> Okay. She's just talking with us. Okay. I know it's late and we're new and all these lights are everywhere. She's just talking with us. Okay. She's just talking with us. Okay. You know, it's okay. It's okay. We're just talking to her. Okay. >> Hey, it's going to be okay. We're just talking with your mom. >> It's okay. We're just talking with your mom. Okay. We're just talking with your mom. Okay, that's all we're doing. >> I know it's a little scary right now cuz we're in the side of the road. It's late. >> These red and blue lights are weird. Okay, we're just talking with her. Okay. How old are you guys? >> Six. >> Six. I'll be right back. Okay, >> hold on. >> Just stay in the car. All right. >> Did it pull over? >> Yeah, I did. Just stay in the car. Okay. >> Who can come here for your kids? I already told you I needed to call my husband and you didn't listen to me. >> I have your phone here. As long as your husband is sober, you can come here. >> Okay. And I make sure I understand. I want to get somebody here for your kids. What's going to happen is I'm going to take you over to the Ranchial Police Department from here. >> No, you're not. You're going to get your boss for me first. >> Yeah. And my boss is going to meet us at the police department. >> No, he is not. >> Yes, he is. Sir, I have cooperated with you and I have been very respectful. But now I am not because I have my two kids in the car and I am pissed. >> Okay. Well, >> you made decisions, right? You made decisions, sir. >> I did make decisions, sir. And I had decided to help you. I have been very COOPERATIVE. I GAVE YOU my insurance. >> Who can I call? >> No, I gave you my insurance. I did your test and you're telling me I am impaired. I am pissed off. >> Who can I call? >> Give me my phone. I need you to call. My phone's right here. Okay. I'm handcuffing you. >> Give me one phone. One hand. I mean >> here if you can reach >> you. You're a piece of >> Okay. Think what you think. >> No, I know because my stepdad's a sheriff. >> Okay, cool. That's I don't It doesn't matter. >> You can show me. >> Either one. Uncuff me or can you please unbuckle me? Where am I going? >> Unbuckle you to police. >> Hello. >> Hey, Paul. I need your help. Um I am off. We're off Iris, right? >> It was communic. >> Are we off Iris? >> Yes, we are. >> Okay, we're off Iris. >> Iris and >> Yeah, Iris and we're literally right down the down the street from you. I need your help. Can you come here? >> Well, I got pulled over because this cop is saying that I am impaired, but I have literally cooperated with everything. He pulled me over for my insurance. My insurance is current. I did all of his tests and he's saying that I'm impaired, but he is not telling me how I'm impaired. >> Okay. >> If you can come here for the kiddos is what we need right now. >> What's that? >> I'm officer on Rancho PD. I have her under arrest. So, we're just trying to get an adult here to come pick up the kiddos for now. >> Are you able Are you able to do that? We're right here at Iris Road in Chyote on the shoulder. >> Okay. >> We're right off Coyote. >> Okay. Thank you. I appreciate it. >> Yeah, they live off of Idelia and Coyote. >> Perfect. I'm going to bump you in. >> Dad, >> good. Did he explain to you the situation? >> Not really. >> Dominic. >> Dominic. >> So, he uh I'm just the assistant officer. >> Good show. >> She already left. So, he had enough grounds to believe that she was driving while impaired. >> Okay. >> Um, she refused the test. Was her right to do so, but because of that, she gets immediately arrested. >> Okay. >> Okay. I uh there's still investigation in that. I don't know what he saw, anything. He just asked for backup and that's what I'm here for. >> So, you understand that with the kids? >> Yeah, I was just talking with them. I'm trying to calm them down. They kids have a sense of like they know mom's not here, but I was just trying to keep them. They were crying at first, but I was able to calm them down. >> Okay. >> What do you got? So ran her plate, suspended registration or insurance. She went on to Iris. She was swerving over on the shoulder of the road. >> Mhm. >> Made contact with her. Blood show water eyes, order of alcohol. She had gum in her mouth. It was a cinnamon gum. She's saying that's where it was coming from. >> Took the gum out running through fields. She showed impairment. Uh denying any alcohol. I even said I have a PBT. You can blow right into PBT. And she's like, "Nope." And so I'm like, "Cool." Place her under arrest. She has two kids. Uh we got family members started over there. I allowed her to call. She's very upset because I left before allowing her family member to get there so she could visually see her family member there with her kids cuz she doesn't trust the officer with her kids. >> Okay. >> So, let me get her out. >> What's her name? >> Uh Janie. >> Jamie. >> She's a veteran. She said she has bipolar, takes other medications, and she's been very upset. >> Okay. >> Supervisor's here. You can go and step out. >> Okay. Please. Can you handcuff me? >> Let's get inside. Are you going to stay chill? >> Let's go inside. I'd like to take >> No, I would like you to leave me alone cuz I am not a fan of you. >> You don't have to be that. >> He can't He can't leave you alone. He's responsible for you right now. But >> I understand. Do you understand that he left my kids with some man that I do not know? >> He's here to talk to you about that. Let's >> Okay, fine. >> Okay, let me get you inside. >> I have your phone in your wallet, too. Okay, let's talk. You can follow me. >> Am I allowed to talk to you or do I need to wait? That's That's up to you. He's got some stuff that he's we got to work on with you. Okay. >> Dad, don't for that door there on the left. >> Yeah. >> Left door. >> Yes. >> All the way down. There's a chair on the other side of the hallway. >> Okay. >> So, I'm just going to read you something really fast and then you have his full undivided attention. Okay. >> Fine. >> Also, you didn't read me my arrest when you arrested me. >> Yep. That pertains when you're under arrest. I'm going to ask you direct. >> And you told me I was under arrest before this. >> Okay. >> So, I would like body cam footage. >> It's right here. I haven't asked you anything incriminating since I arrested you. Okay, >> that's fine. But you still arrested me and you didn't give me my rights. >> We'll get to that. >> Okay, fine. >> This one's a little bit dead, but you're dead. might be a lot of the dead. >> Our handcuffs are really tight. Or can you at least loosen them? Where am I going? >> Let me read this real quick and then you'll talk to us. Okay, so listen to me. I'm about to say something important. You're underestimated DBI. The New Mexico Applied Consent Act requires you to submit to your 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 defendant test, you have the right to a reasonable opportunity to arrange for a physician, a licensed nurse, laboratory technician or technologist who is employed by a hospital or physician of your own choice to perform an additional chemical test. The cost of this additional test will be paid by law enforcement agency. Do you agree to take our test which is a breath test? >> So what are you saying that if your test is whatever wrong, I get to go somewhere else and take another test? No, >> I never said any of that. Yeah. >> Okay. Well, I'm just trying to understand. I know you didn't say that, but [clears throat] I'm trying to understand. This is giving you the opportunity to do bre test. >> No. >> Okay. And you don't have to do it. I cannot force you to take our test. But if you refuse, you will lose your Mexico driver's license or run non-raising oper privilege for one year. If you're convicted in court of judging one of the influence, you may also receive a greater sentence because you refuse to be tested. Do you understand? >> I [clears throat] understand that. >> Okay. Do not be retested. >> No. >> Okay, that's perfectly fine. So >> So you have to read that cuz I thought you were on this team >> and you had to read that from the paper. >> Why? It's on the wall. >> Yeah. Because it's verbatim. We say the same every single time instead >> because you know it. I thought you were on this team. >> Okay. So, >> you said that you're on the >> D. You have pay his attention. I'm going to be right back in. Okay. I'm going to grab >> fine. >> So, Miss Jane, >> your team is a piece of [ __ ] >> So, Miss Jane, >> start at the beginning for me. >> Yes, sir. >> What What had you request for me? Is it just that he left before somebody showed up for your kid? >> Yes, sir. All I asked of him was to wait until somebody got my kids. I do not know the cop that is with my kids. Fine. My stepdad got to my kids fast because they live down the road. That does not change the fact that I don't know that man. I do not know that cop and he left them with my kids. That's all I asked of him. >> Okay. >> And he did not read me right my rights before he freaking put me in handcuffs. So am I in handcuffs because I'm detained or I'm arrested. He told me I was under arrest before he read me my rights. And you can look at his body cam footage. He told me I was under arrest. >> I don't actually need to look at his body cam. >> No, you do. Because he told me I was under arrest before I got here and read me my rights. I am telling you that right now. >> Jenny, I need you to listen. >> No, you need to listen to me. I'm telling you right now what he told me. He told me I was under arrest before I got here and before he read me my rights. I'm telling you that right now. >> I hear you. Okay, >> fine. WHAT'S WRONG WITH THAT? THAT'S WRONG. >> Is that not wrong, sir? >> Are you ready to listen? >> Yes, sir. I'm ready to listen. I'm sorry for cutting you off. >> That's okay. I just need you to listen and hear me, okay? >> Because I'm not with my kids. >> I get that you're frustrated, okay? But I need you to hear me because I'm trying to explain what's going on. All right? So that you can make good decisions going forward. FAIR ENOUGH. >> I'M just very frustrated for not being with my kids. >> I just want [laughter] you to take a deep breath right now. >> Okay. >> All right. >> So although you said no, Officer Hana is going to put your information into the machine. >> Okay. you're going to get the opportunity to give a sample if you change your mind. Okay? You don't change your mind and you don't want to give a sample, you still [snorts] have that choice. Okay? >> Fine. >> As he explained to you on the paper there, >> I understand. >> Okay? So, when it comes to a DWI investigation, okay, [laughter] an officer does not have to advise you of your rights because of your rights don't apply specifically to the DWI part. >> Wait, why is he taking me here then? because you've been arrested for DWS. >> Okay, but then why are my rights NOT READ TO ME WHEN I'M first being arrested? He did not tell me my rights when my cuffs are being put on. >> So, your Miranda rights come into play when an officer is going to question you. >> He already questioned me or gave me many questions. >> You got to listen. >> That's so wrong. >> You got to listen. Okay. [laughter and crying] specific to DWI. Your Miranda rights do not apply to a DWI evaluation. Okay. >> The officer observed something when he pulled you over. >> Okay. >> Okay. >> Okay. >> That that [laughter] was the reason to stop the car. Okay. >> Okay. >> There was there was in your driving and there was something with the registration. >> He pulled my registration and said that my insurance was wrong and I gave him my insurance and I complied with all of his tests. >> Hold on. See, just so like I'm being completely transparent with you because I know you have a veteran plate. I'm a veteran as well. >> I don't give a [ __ ] I don't want to talk to you. Your boss can talk to me. >> Okay, just so you know, suspend it. >> I want you away from me. >> I have to be in here. I'll be quiet. Okay. >> I would rather talk to your boss. >> Perfectly fine. >> So, fat piece of >> Okay, this isn't going to help. You going's not going to help. Okay. >> Okay. I just would like to say that I don't give a if you're a veteran or not. You're a fat piece of [ __ ] >> Machine's ready in case you change your mind. Okay. I'm pretty sure >> so specific to the DWI investigation. Okay. >> Okay. >> The Miranda rights don't come into play with that. >> Part of that is because DWI is such a big problem in New Mexico. >> But it's a problem for safety overall, right? That we can do a DWI investigation without advising you of your rights. >> Okay, fine. >> Okay. After he does that investigation, that's what those tests those tests are, right? But I would like for him to tell me what he observed that I did wrong because I did all of his tests and I did not do anything wrong. Unless he tells me what I did wrong, I would like to >> Hold on. We're not going to we're not going to have y'all two >> having more conversation than is necessary because that's not going in a positive direction. >> Okay. >> What's going to happen, okay? >> Is if you want to submit a sample, you you're able to do that. That's what the beeping is. Okay. >> Okay. Fine. If you decide not to, that's also your choice. >> Okay, but then I'm going to get an aggravated DY based on his opinion. >> No, it's based on whether or not you choose to. >> No, that's not fair. How is that fair? Because I choose not to breathe into your machine. >> Yes, you were arrested for DWI right now. You have the option. >> How How am I for DW based on his opinion? >> It's not his opinion. >> How is it not? >> He put you through standardized testing. >> Okay. And where did I fail? [snorts] >> It's not a pass fail test. >> Okay. So then how did I how am I being arrested based on a nonp passel test? >> No. Pause. Pause. You got to breathe. Okay. >> No, I'm just very upset because I've never been in a situation like this and I'm pissed off because my kids got left by themselves and you left them with the cop that I don't know. >> We left him with an officer. >> I don't give a [ __ ] who that man is. >> Okay, but >> I tell you right now, I don't give a who he is. I know many of officers who have messed up, including my stepdad. And I'm not saying he's a perfect man, but I don't know who you are and I don't know who this man is either. >> I'm sorry that that happened. Okay. >> All I'm saying is I just wanted to make sure my kids were safe in a place where I trust before he took me away, which is fine. Fine. Take me. I don't Okay, fine. You You wish to take me. I understand that. I asked for you. I thought you were going to come to where we were at, and I thought my stepdad was going to pick my kids up while I was there. That's all I wanted. And I'm sorry. I'm not in charge here. I understand that. I'm not trying to dictate you like you said. I just wanted to make sure my kids are safe because I do not know that man. >> Okay. I I understand that you have an opinion of officers. What I can tell >> I don't have an opinion of officers. I'm not against officers. I am for officers. >> Hold on. You said that you know some officers that weren't so honest. Okay. >> What I can tell you is that officers in this department, if they're on a call, they're running this camera. Okay. And I would like to see all the body cam from this from this situation. >> You'll be able to request that after the fact. Okay. >> And am I allowed to ask the facts of where he found that court is for? >> Okay. Fine. Okay. That's all I asked. That's all I wanted from the beginning. >> That's all I've asked. I'm not trying to be disrespectful. I'm not trying to be rude. And I know I've made some comments towards you because I'm upset with you. >> I understand. >> Whether or not you're trying to, you [music] can acknowledge that you are doing both of those things. Okay. All right. >> And I acknowled Yes, I have acknowledged that and I apologize for that. [music] I'm just very upset for the things that have occurred. >> And I get that. All right. >> Why Why did you have to leave my kids and take him? Could you have not waited until my stepdad gone there? It was 5 minutes, was it not? >> So, my little Sergeant, >> so >> I'm sorry. I'm not trying to be difficult with you guys. I'm just very upset my kids got left. [snorts] >> I didn't mean to make you feel that way. I apologize. [laughter] So Janie Jamie, >> I don't know what was happening at the time here to come to the station, >> but based on what was happening when you guys got to the station? >> Yes, I was very upset. >> Were you Were you yelling and cussing at my officer? >> I was. Yes, sir. >> When that's happening, we're not going to leave you in in the spot for a single. No, I was upset and cussing until we got here. >> Okay. And that's how we left. >> Okay. So, that's where I'm coming from. All right. [laughter] [gasps] >> The officer that was over there with the car >> has responsibility. >> Fine. I understand that he has responsibility, but I don't know that, MAN. AND ALL I ASKED WAS TO stay with them UNTIL HE GOT BIG DOG. OKAY. That's [laughter] I don't know that, man. I just wanted to make sure my kids are okay with my stepdad. They live up the street >> and and so my trainer thought of it was cuz remember when you were yelling at me and upset which okay you're right to be upset. I was saying please don't scream. I don't want your kids upset cuz when I went up to go get your phone out of the car the officer were speaking to your kids and they're laughing and talking. >> Okay. >> I was trying to prevent I figured if your stepdad got there and your stepdad got out maybe got your kids out and came back to try to talk to you. I don't want your kids seeing me like this. >> That was it. And you're scaring me for supervisor. So why don't you get your supervisor? >> And they should be able to understand. They understood I got pulled over. They understood something was happening. And you know what? They got scared when I was talking with you and I was performing your test. They were questioning me and I said, "It's okay. We're going to go home." So my daughter was asking about her inhaler >> because we're doing her inhaler every night. >> I also need you to understand that it is a department policy that we try not to expose an arrested. >> I don't know that and that's fine. I understand that. But I obviously got pulled over. I was obviously getting tested and so I believe that it's right for me to stay there at least. Fine. Okay. They don't see me being arrested. You put me in the car. That's that's clearly enough for them to see that I'm being arrested. You put me in the car before they got picked up. Fine. So, I don't understand if it's not fine for my stepdad to come pick them up and then we leave. Okay. >> And I don't believe they saw that cuz I went up. They don't care. I know. But they're telling the officer. He said, "Oh, she's just still talking to them." They said, "Oh, okay." >> No, we left. My kids are not dumb. >> Nobody's saying that. >> Nobody's saying that. But you know why? You're trying not to expose them. But we left. So you're exposing them more by us leaving >> before they leave. If they leave at first, fine. But if we leave before them, that's exposing. >> J. >> Fine. Whatever. I'm going to believe your opinion. Fine. Whatever your opinion, >> I'm just asking you to listen to me. I'm just going to be quiet. >> I'm not asking you to be quiet. I'm just asking you to listen so I can answer some of these questions. Okay. >> Okay. All right. >> There is no perfect way to do this. Okay. >> I understand that and I'm not mad at you guys. I just wish that I could have stayed until I understood my kids were safe. >> I get that. >> I do not know your officer and I understand that you trust your officer, but I don't know him and those are my kids, okay? [laughter] And I just wanted to make sure they were with my stepdad. I'm sorry to cut you off. I'm sorry. I >> It's not about me trusting my officer. It's about the entire city has given these officers responsibility. >> I understand that, but that happens a lot. I understand that. >> Okay. >> Okay. And I understand that. I'm not saying all cops are bad. And I'm not against cops. My stepdad worked for AP for a long time. He worked for the sheriff's department. He just retired. I'm not saying I don't trust all cops, but I have heard very many stories, okay? Undoubtedly. >> And I should not trust everybody. I do not know that man. At least I know my stepdad. And he's been honest with me about all everything. You know, he's told me many stories. He's told me stories about himself. And at least he's honest with me. I don't know that man. And at least fine. Fine. I don't know that man. But at least >> I could know that my kids are safe and not just they're left alone with him. Okay, fine. >> Okay, >> I understand. I'm not trying to be a dead horse. >> I I get that. I want to circle back because it sounded like you changed your mind about giving a sample. Is that right or wrong? >> No, I'm not giving you a sample because I would like to check where I went wrong. I just wanted to check on that. Okay, >> fine. That's fine. I understand that. But I would honestly like to know what I did wrong. You said it's not a pass or fail. Fine. I'm not trying to argue you, but I would like to honestly know I did everything he asked of me. I gave him proof of insurance. I followed everything. What did I do? >> Hold on. Let me tell. Let me talk. >> So, the test is not a pass or fail test. The test is there to determine impairment. >> Okay. >> Okay. Right. >> However you performed on the test >> showed impairment and >> that's what court is for. Okay. That is not a conversation for this room. >> Then how are you supposed to arrest me? Shouldn't you tell me how I'm arrested by what our job and our training is for? >> All right. There's [snorts] going to be more interaction. Officer Han is going to have to read you some more paperwork. I'm just asking you to be patient and to hear him out because he's telling you important stuff that you need to pay attention to. >> Okay. Well, I would rather not have him. I'd rather have you. >> And that's why I asked for supervisor. >> That is not an option. >> Why not? >> Because I have to run a squad of people in the whole city. >> I understand that, sir, but I asked for you specifically. And you're the boss, >> right? I'm the boss that's supposed to officers in the city. >> Okay. What are they doing? >> They're doing their jobs. Okay. So, they will call me just like officer honey called me. >> Okay. And is anybody >> Which means that I can't be the one to take you to jail. >> Please. I do not feel comfortable with this man. >> I understand that. This is his job. Just like I have my job. He's got to do his job. >> I want to have to let him do his job. >> So, you're not even going to be with me. So, if if you feel comfortable with it, you can walk with me in there. I'm going to put you in a holding cell. I'm going to be in another room doing paperwork. >> You're going to have like two minutes of conversation with me. I'm going to come back in. >> Okay. Well, I'm going to have a conversation with you and I'm not talking to you. You don't have to talk to him, but he needs to read you something. >> That's fine. You don't talk. >> He already read me something, didn't he? >> He needs to read you something else. >> That's it. Cuz there's only one important page that you have to make sure you put in for a hearing if you don't your license. I don't want you to get stopped with your kids later on because you didn't do it and they take you to jail because you're driving on a rebook license. That's all it is. You don't even have to talk to me. I can just explain to you. You don't have to say anything. I just want to make sure that >> I would also like to see where my insurance has suspended because I've paid monthly and I have proof of insurance. >> I was trying to show you. No, you were not. >> Do you want me to show you again? >> Yes, sir. >> Okay. Right here. So, I got behind you. I ran your plate. Here's your name right here. Status suspended. See that? Registration status explanation. Insurance >> insus. That means insurance. >> And why would that be? >> That's an MBD question. >> If whatever insurance company that you pay for insurance, >> hold on. If whatever insurance company you pay for did not report to MBD that you have valid insurance, MBD will suspend you. >> I not report that I pay that monthly. That's not fair. And I refuse to do anything with you because I've been nothing but cooperative. And you know what? You're going to take me from my kids? No, I'm not going to be any more cooperative for you at all. And you're going to treat me like that? Not at all. No, sir. All I ask of you is to keep me there with my kids until my stepdad there. >> So, we're going to go into this next room. Let's go. >> Out that door to the right. >> Oh, we're going this way. >> Yeah. >> All right. Do I get a phone call? >> Yeah. >> Around there's a red box on the floor and just face this blue box on the counter for us. Okay. [snorts] Move your hands back real quick so I can take the handcuffs. >> Are they not back? Are they not behind me? >> Just spread your feet. Lean forward from the waist. >> Good enough. >> Yes or no? >> Is this good enough? You can just slip your shoes off. >> I cannot slip them off. I can untie them for you. >> Just leave the shoes on the ground in that square. >> And you have to take off your jewelry as well. >> Jewelry goes into the blue box. >> Not those. >> Okay. Are you sure? >> Yeah. >> Okay. Is it all of it? >> Okay. Put in the blue gun. >> Is this the first time you've been arrested? >> Yeah. >> Okay. >> It has. >> And you said you take medications? >> I do take medication for bipolar. >> Bipolar. >> So, I'm sorry if I'm having a medic episode for you. >> That's okay. Don't take offense to it. >> Go get that. >> Do Do you have a diabetes, heart condition, seizures, arthritis? >> Do I What? >> Do you have diabetes, heart conditions, seizures, arthritis, ulcers? >> I have arthritis. Okay. Beneal disease, abnormal discharge, AIDS, furulus, hepatitis, or other disease? >> Nope. >> Recent head injury? >> Nope. >> Painful dental condition? >> I have. No, I don't. But I have Invisalign. >> Okay. Do you require any special accommodations or assistance for any disability? >> Yes, I do. I have mental health issues. >> Have you ever felt that someone's controlling your thoughts or actions? >> Sure. I don't know how to answer that. I have bipolar. >> Okay. Have you attempted suicide? >> Yes. >> Anyone close to you ever attempted or committed suicide? >> Yes. >> As a military, what do you expect? >> Do you feel this question? It's a standard. >> Yes. >> It's a standard. >> Did you feel suicidal at this time? >> At this time, no. >> Okay. Are you pregnant? >> No. >> Okay. >> Do you have hair pins? >> No. They're clips. They're not pins. >> Can you put those in there? >> No, I cannot. >> You can't do that. >> They're in my hair. No, I cannot take these out. They're pinned in my hair. They're not metal. They're not anything. They're plastic. >> Do I need to take those all out? >> Well, the jail's probably going to take them. >> Well, then they can take them at that time then. If I go in there, they can take them out. >> Okay. >> It's not It shouldn't be an issue. It's not a weapon. >> It's just a question. >> Okay. Well, I'm just trying to answer your question. You didn't even turn my glass off, too. >> Can you guys I'm going to need a therapist. >> So, I'm going to give you your phone. Okay. So, you >> No, I'm going to need somebody like mental health. I need my medication. I need my anxiety medication now. >> You'll be able to talk to a nurse about that here soon. Okay. >> Fine. >> Okay. Um I'm going to give you your phone. Okay. You guys ask don't call Dispatch 911 because you having your phone here's a privilege. Okay, that's all I ask. Here you go. I want you to be able to talk to your kids and talk to your family and all that. [laughter] Here you go. >> Can I call my husband? Can I call my >> You can call as much as people as you want. I'm going to give you a phone for like 45 minutes. Is that fair? As long as you stay cooperative. Okay. Let's come over here. Give me about 45 minutes. Okay. A few moments later, >> I get you over there. Okay. You want to grab your phone? >> Sure. >> Watching the entire thing. >> What was that? >> Watching. >> I was doing your paperwork. >> You need to go to the doctor before I have I'm about to have the manic episode. I'm already like on the verge. >> Okay. Okay, I have to handcuff you. They can show you. Okay. >> You don't have to put them so tight. >> Well, I can put my finger in there. >> No, you [ __ ] can't. Your fingers are flat as [ __ ] >> Yeah, they still fit in there. >> Okay. >> They do. I just put it in there. >> Go ahead. >> Look. Look. >> Oh, yeah. >> Okay. I just got to make sure they don't fall off of these though. >> What am I going to do? Where the am I going to >> No, it's just our policy. You just kept having too much. >> I understand that. >> I'm just trying to do more. >> I'm just following my policies. Okay. Stand here with me. >> Yes. >> Yes. >> Well, what can I do here then? >> Uh, all the paperwork stuff and the breath machines are here. We still have to give you the opportunity. Yeah, they're going to give you a phone call once you get in here, too. So, you got to give them a call. >> Fortunately, since you haven't been arrested before, they could just release you and Ror you. So, hopefully that happens. >> We'll just >> I'm sorry. What did you say? >> Since you've never been arrested before, they could just ROR you and let you release on your own recgnissance. >> Okay. >> So, they they have a 24 they have a 24-hour judge that reviews everything. So, since there's like not any like serious charges, they could just say release you right away. Worst case scenario, we're going to be out by in the morning cuz it's during the week. So, um then they'll give you a phone call once you're going to get released, too. So, you can come get a ride from here. >> I do want you to know I'm really sorry. I >> That's okay. No, I appreciate that. >> I'm struggling with my >> my disorder. Don't go on my medication. >> Yeah. No, it's it's understandable. >> I've been called worse, you know. So, good. How are you? >> I do I do need to see a doctor. >> Okay. Uh, hang a ring and then just face >> this way. >> Yes, the right. >> Hi. Sorry that you're here. [applause] I'm going to go ahead and check. You have any pockets on this? >> All right. So, what I'm going to do is I'm going to pull your bra forward and shake. Okay. I'm just pulling the front up so that you don't have anything inside your bra that's going to fall out of the cell. Sorry, I didn't even go ahead and fix your top. That's okay. I want you away from the camera. Go ahead and turn around. Open. Open your mouth. Stick out your tongue at me. Touch the roof of your mouth. Okay. With your pinkies, you're going to run it along your gum line to the bottom. Okay. All right. Go ahead and walk through the middle. You said you do have piercings. >> Step on in. All right. When you step on in, there's Hey. Hey. Hey.