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hello Officer Taylor Rosell police is
there a reason why you're driving the
way you are this morning no where are
you going I'm going to first house okay
well get driving the way you're driving
andin going to get you there safely you
ran the stop sign back there at ainson
and bendo you damn near hit a car right
here what is your problem
I didn't know I ran a sou sign up there
I thought I just ran that there's that
where's your insurance and registration
can I get it well I ain't going to
magically appear in your hand no s okay
get
it have you consumed any alcohol in the
last 24 hours no I'm Sor okay are you
under the influence of any
narcotics no sir okay have you taken any
medications today no nothing at all no
okay
hold on make this the temporary
registration
this is
[Applause]
the
[Applause]
yes okay this is my entrance hold on but
this insurance
is expired and I have the insurance app
that's fine if you have it on your phone
you can pull it up on your phone okay so
I'm going to give you that payp one okay
that's I'll I'll give you the one on my
phone okay can I get my phone
absolutely canb both of those
back is this the one you
need
yes okay I'm sorry I didn't know I ran
the stop sign you ran the stop sign back
at Vero that's what caught my attention
and then I tried to catch up with you
the entire way I was doing over 60 MPH
and couldn't even couldn't even catch up
to you till right here at the stop sign
and then you just tapped your brakes and
rolled right through and almost hit this
other vehicle back here did you not even
see that other vehicle that part and I
apologize I'm sorry here's your phone
back I'm sorry okay you don't need to
take my phone no hang tight and I'll be
right back with you hang tight I'm going
to be right back with you I'm going to
be riding several citations my car off
or anything no just leave it the way it
is so you're going to be receiving two
citations okay one for the stop sign
back there bro and ainson one for the
stop sign here okay so hang tight I'll
be back with
you Tango 4 can you start me a second
possible
47
all right ma'am what I need you to do I
need you to go ahead and step out of
your vehicle and step back here to the
back of your vehicle with me please okay
step out and come back here please I was
just trying to get that's fine like I
said what I need you to do is step out
of your vehicle and meet me at the back
of your vehicle please you want me turn
my car off no you can leave it on you
can turn it off it don't matter to me I
know what you want me to do turn it off
then if that's what you feel more
comfortable
doing my gas site just said 21 miles
okay that's fine
all right go and stand right
here okay so have you consumed any
alcohol in the last 24 hours no nothing
at all okay how am I how is it that I'm
uh catching the odor of alcoholic
beverage coming from your person I don't
know so you haven't had anything to
drink in the last no sorry few hours 24
hours nothing like that okay so this
what I need you to do I need you to go
ahead and put your feet together heal to
heel to to toe just like this hands down
to your side
okay do you wear contacts or anything
like that
no I don't have no contacts okay have
you had any traumatic brain injuries or
anything in the last 24 hours or last
few years or anything like that no
nothing okay all righty so what I need
you to do look at me I need you to
follow the tip of my finger with your
eyes and your eyes only okay do not move
your
head
all right so I'm going to go straight up
again follow it with your eyes and your
eyes only don't move your
head okay so this next test okay do you
have any problems with your hips knees
anything like that any problems walking
not really okay I have arthritis in this
sne but no but you're able to walk fine
I
think you agree that this ground is
about as level as we can get in this
area yeah okay all righty for what I
need you to do for this test okay I need
you to go ahead and put your left foot
in front of your right foot like such
hands down to your side and stay in that
position until I tell you to do
otherwise okay go ahead and get in that
position which foot left foot front of
your right
foot okay and stay hands down to your
side stay in that position and do not
move until I tell you to do otherwise
okay so for this test you're going to
take nine Heel To Toe steps forward
counting out loud with each step okay
for demonstration purposes I'm going to
do three you're going to do nine okay
once you get to that ninth step you are
going to leave your lead foot planted
and do a series of small steps turning
yourself around so that you can walk in
the direction you just came from okay
it's going to look like this and to go
one 2 3 and so on and so forth until you
get to 9ine once you get to that ninth
step you're going to leave your lead
foot planted and do a series of small
steps turning yourself around like this
one 2 3 get back in the position and
then you're going to do nine Hill to toe
steps backwards okay or forward in the
same direction coming back where you
came from okay like this one 2 3 and
again for demonstration purpose is I did
three you're going to take how many
three one two nope okay three so I did
three steps for demonstration purposes
you're going to take a total of nine
steps okay wait do you want me to show
you would you like show you again yes
okay so like this you're going to have
your left foot in front of your right
foot okay you're going to take nine H
the toe steps forward counting out loud
with each step like this you're going to
go one 2 three I did three you're going
to do nine okay okay once you get to
that ninth step once you count out loud
till you get to nine steps then you're
going to leave that lead foot planted
and you're going to do a series of small
steps turning yourself around it's going
to look like this one 2 2 3 okay yes you
understand that now you're going to do
nine Hilda toe steps again like this one
2 3 and so on and so forth until you get
all the way to nine do you understand
that lead foot is going to be the step
that's
counting so be my lead foot doing 1 2 3
4 to 9 so once you take your first step
the step the step count will begin but
it'll only be on my lead foot no every
step you take is a go ahead and put your
left foot back in front of your right
foot like this hands down to your side
okay left foot in front of your right
foot okay hands down to your side yes
okay so you're going to be just like I
am foot is a step yes every foot's a
step one two three four and so on and so
forth until you get to nine going to be
three steps three steps to turn yourself
around yes ma'am go and get back in the
starting position do not begin until I
tell you to do otherwise left foot no
left foot in front of right foot okay
just like that hands down to your side
not behind your back okay whenever
you're ready you may
begin
two 3 4 5 6 7 8
9 okay and then what was my
turn is this
one don't remember if you'd like you can
go back and get in the starting position
again and I can explain it to you
again
all right hands down to your side left
foot in front of right foot put your
left foot in front of your right foot I
just he the toe yes okay hands down to
your side stay in that position do not
get out of that position until I tell
you to do otherwise right okay so you're
going to take your nine
steps one 2 3 and so on and so forth
until you get to nine okay once you at
your ninth step you're going to take
three small steps turning yourself
around one two 3 okay and then you're
going to go one one two three and so on
and so forth until you get to nine again
do you understand the test I think so
are you
sure my end foot will be the turn foot
yes okay put your left foot back in
front of your right
foot left foot in front of right foot
hands down to your side go ahead and do
that now left foot hands down to your
side now you are going to take nine Hill
to toe steps forward counting out loud
with each step okay left foot in front
of your right foot 1 2 3 4 5 6 7 8
9 Le foot going
one
two three back together yep back now do
nine Hill to steps 1 2 3 4 5 6 7 eight n
okay all right so for this next test
what I need you to do is stand right
here hands together down to your side
Heel To heill Toe to Toe just like this
okay do you have any problems balancing
anything like
that not really okay not a ballet lady
I'm not asking you to dance or anything
like that okay so simply for this test
I'm going to need you to pick a leg of
your choosing okay can be your left leg
your right leg whatever you so choose
okay what you're going to do is you're
going to pick it up approximately 6 in
off the ground okay that's about the
size of a normal soda can okay while
looking at your foot and Counting out
loud you're going to count until I tell
you to stop okay it's going to look like
this 1,1 1,2 13 1004 and so on and so
forth until I tell you to stop do not
begin the test until I tell you to okay
just stay in that starting position
don't move
okay right whenever you're ready you may
begin
okay
[Music]
okay you can put your foot down all
right for this next test what I need to
do pick a hand if you're choosing okay
left right doesn't matter I need you to
go like this you're going to go it's
called the finger dexterity test okay
you're going to go 1 2 3 4 4 3 2 1 okay
and you're going to do that a series of
three times okay again 1 2 3 4 you're
going to touch your thumb to every
finger 1 2 3 4 4 3 2 1 I'm going to do
that three times okay you may
begin okay so for this next test what I
need you to do is Count back Wards from
63 to 50 okay 63 just count backwards
from 63 all the way to 50 63 62 61 60 59
58 57 56 55 54
53 63 62 61 60 59 58 57 56
55 63 62 6 6 1
60 59 58
57 okay you may stop let me read you
something real quick okay okay you have
the right to remain silent anything you
say can will be used against you in a
court of law okay you have the right to
talk to a lawyer and have them present
before during or after any questioning
and you have the right to refuse
questioning at any point in time okay
tell me what I did wrong hang on if you
cannot afford to hire a lawyer one will
be appointed to represent you at no
expense okay okay so I'm going to ask
you again based off of what I've seen on
these tests okay there is impairment
okay so I'm gonna ask you again how much
have you had to drink I haven't had
anything to drink I have had a lot of
crazy things that have happened okay why
am I getting the smell of odor of
alcoholic beverages coming from your
personal know I don't know I don't know
I have I have hand
sanitizer other than that I don't know I
don't know well you've got slurge speech
okay you're very delayed and stuff
you're struggling to understand simple
instructions okay okay so at this point
in time you're going to be placed under
arrest driving under my bad driving
Under the Influence
okay you have somebody that can come
pick up the van or would you like us to
tow it
okay what do you
want her phone is right there in the
right as you open the door you get
perion grab it
okay let come back here where come back
here to my vehicle we're going to send
the pass okay do you have anything on
you it's going to poke me stick me stab
me no it shouldn't have anything in
nothing at all like nothing okay maybe a
coin or a receipt so what I'm going to
do is I'm going to Pat your pockets down
okay do you have anything in your bra no
nothing okay no I think even today it's
like an unwired bra okay all righty so
I'm going to be using using the back of
my hand okay and I'm just going to fill
your pockets
okay you don't have anything in your
waistline no okay all righty can I just
F
Mom it won't let me do the
face
that's tell me Insurance call Mom yeah
yes hey Mom hey baby I got arrested and
officer Pritchard has my phone right
now and they're going to arrest me for
impaired
driving not I promise
you who what do you mean ding Mom I
don't know just shut up and come pick up
the van I don't really
know I'm on um ainson and 24th Atkinson
and 24th so if somebody comes right now
and picks up the van they're not going
to impound it and we'll deal with
everything else
later be right there all right thank you
uh what vehicle are you in
ma'am I'm in a uh green Nissan pick up
okay tit okay are you going to bring two
people to pick it up one to drive the
truck and one to drive the van yes okay
okay Ma we'll be waiting for
you thank okay yes ma'am you want your
phone to go with you can you give it to
her give it to her do you want the
wallet with her too or do you want
anything to go with have my home first
cuz you can bring your phone to the jail
if you need numbers un let you know them
us can you just hold on can I just look
at that number again you want it written
down can you write it down for me that
like you said we can take your phone
with you well she can have it okay and
she's fine taking the purse and
everything need once you get released
from the county jail you'll need
somebody to pick you upite it
down it's more I'm going to have you
step right back here by this back tire
okay so I can open this
door so I'm going to have you have a
seat in here okay okay
that the only number you can you hold me
yes ma'am just go ahead and put one foot
in there put your butt on the seat and
slide
acrossed okay so let me read you
something okay
okay listen to me I'm about to re tell
you something important okay you're
under arrest for driving Under the
Influence okay 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 a 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 okay do you agree to
take our test no
okay
uh I cannot force you to take our test
but if you refuse you will lose your New
Mexico driver's license or non-resident
operating privilege for one year if you
are convicted in court of driving under
the influence you may also receive a
greater sentence because you refuse to
be tested do you understand that so if
you don't if you don't test I do
understand okay and you're still going
to refuse yes
okay all righty so I consider your
action to be refusal okay okay all
righty
Tango foro we going start the 20 minute
D real quick can I just look inside your
mouth quick make sure you don't have
anything in there lift up your tongue
okay thank
you ma'am so I'm going to give you a
last chance do you want to submit to a
breath sample or are you going to
refuse what do you mean the last chance
I was never the paper that I read you
that was the implied consent act okay or
advisory my apologies that explain to
you that in that piece of paper or in
that pamphlet I read you okay explain
that by taking the Mexico driver's
license and signing for it you agree to
the to be
tested here at the police department
okay so I can bring you out here you can
submit to a breath sample but a refusal
is a higher charge for one and two um
you run the high high risk of losing
your NX driver's license for up to a
year okay do you would you like to
submit to a breath test you know no okay
all right so at this point in time you
are being charged with aggravated
driving Under the Influence okay you
understand that so I get a secondary
breathalyzer from an outside party you
can yes ma'am okay how do we do that
okay so you submit to mine no and then
how do I get a okay so you submit to
mine and then we go for a secondary no
okay all right that's that's what the
options
are okay I did the I did outside
and
okay so ma'am yes sir all right I'm
going to read this to you one more time
just so that there's no confusion okay
wait hold on let me mean one more time
okay I read this to you on scene before
we left when I placed you in the back of
my patrol car I read this to you okay
okay let me read this to you again okay
being the second time I'm reading this
to you okay listen to me I'm about to
tell you something important you are
under arrest for driving Under the
Influence okay 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 so after you
take our test okay 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 labor 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 for by the
law enforcement agency do you agree to
take our test no okay so by no I cannot
force you to take our test but if you
refuse you will lose your n exra
driver's license or non-resident
operating privileges for one year if you
are convicted in a court while of
driving while under the influence you
may also receive a greater sentence
because you refuse to be tested do you
understand that yes okay so having
understood that do you agree to be
tested no okay so I will consider your
actions and your statements of refusal
okay you are always more than welcome to
submit to blood if you'd rather do that
versus this I can take you down to the
hospital and we can go have blood rwn if
that's what you would prefer hospital I
didn't take you down to Eastern no okay
well that's the hospital that we work
with Okay okay yep no I I have a lawsuit
with Easter so no okay would you prefer
Loveless I would prefer Loveless and if
you can come back and tell me that it'll
be Loveless so if I can take you to
Loveless you'll submit to to blood can
you come back and tell me that and then
we'll talk if you can come back and
agree to that then we'll talk but I have
a lawsuit with love with Eastern let me
conf confirm with my sergeant that I can
take you over there if I can take you
over there then we'll go over there okay
great all right man let me read this to
you okay um listen to me but I'm about
to tell you something important
including a right you have okay you're
under arrest for driving Under the
Influence I am requesting that you
consent to have your blood drawn and
tested to determine the alcohol and or
drug content of your blood you have the
uh right to refuse to consent to my
request if you refuse uh to consent you
cannot face criminal penalties for the
refusal okay which hospital Loveless I
will take you to Loveless if that's what
you're requesting I will take you to
Loveless you can take me to lovess yes
let me finish reading this okay okay do
you understand that right yes sir okay
however refusing consent has other
consequences in accordance with the New
Mexico implied consent act and state law
these consequences may include losing
your New Mexico driver's life license or
non-resident operating privilege for one
year Additionally the fact that you
refuse consent may be used as evidence
against you in a court of law do you
understand these
consequences yes okay additionally if
you have if you sorry additionally if
you consent to have your blood drawn and
tested you have the right to choose an
additional independent test okay yes so
if you give consent to give blood you
can also have it done at a different
facility if you so choose okay do I hang
on let me let me finish reading this and
I'll let you ask any questions you want
okay 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
an additional chemical test the cost of
this additional test will be paid for by
the law enforcement agency knowing your
right to refuse consent the possible
consequences and your right to an
independent test do you give consent to
have your blood drawn and tested at less
not at e correct at Loveless do you do
you agree and give consent to have your
blood drawn at
Loveless yes okay and it's the same
standards yes okay have you guys always
only independently contracted through
Eastern and usually that's where we take
usually that's where we take everybody
is to is to Eastern but it's not a
special contract if if you are
requesting to go to less I will take you
to less okay and how do we get the
secondary as far as that goes that is
going to be on you to get the secondary
test how do I do that if I'm in custody
give me a few moments let me find that
information out cuz typically people uh
have always done that on their own
afterwards okay I don't take them and
shuttle them around to different places
to get additional tests right but I
don't I'm just cuz it's something that I
think that has to be done on point right
what do you mean on point it make more
sense to get the secondary test
drawn during this this time this
spiritual time absolutely so how would I
arrange that if I'm in custody and
there's not a phone okay let me answer
to that no no no I understand that let
me find the answer to that and I'll get
back to you okay cuz I don't want to
give you misinformation okay okay and
then but there's not a special contact
with Eastern and we can no we can go to
L less if that's what you're requesting
okay
so as far as the testing goes okay
there's only two tests we can do it's
the breath and the blood okay so you can
either consent to just give blood which
would there would be no secondary test
after blood because that's the only
other test we can do nobody else submits
to breathalyzer other than the Chavis
County Sheriff's office they have the
same machine we do okay so you can
either do this one and then the
secondary we can take you to the
hospital to draw blood or you can just
choose to give blood at
Loveless okay so if you do a
breathalyzer then you get a secondary
outside party but if you do blood you
only get one consent correct and are the
levels the same levels being why I know
they're going to so one facility is
going to draw your blood Loveless is
drawing your blood they're the only ones
that are going to test it
okay and then what are the levels on
blood versus the levels on breath and
why it's still it's still the same it's
08 8 is on breath okay and as far as
your blood content once the test comes
back to show whether you are pass the
impaired limit or not and once the
impaired liit with blood that I have no
idea can you find that out what does
that got to do with anything right now
my rights and the walls no ma'am so
right now we're talking about giving
breath or giving blood right and the
breath is o
and I don't know I'm not a doctor can
you find that out that's not important
right now so I low breath I get a
secondary party and if I give blood
you're not telling me the levels and
there's no secondary party okay so what
would it matter whether you gave breath
here or whether it was my legal rights
and I hope that recording on it is it
records all time so as well as this
right here my my body camera is rolling
great Okay so the same reason the same
reason that the statutes are 08 and the
same reason the statutes are 08 and the
secondary there should be statutes on
blood okay so we're not going to get the
results right now I don't want to argue
with you okay so saving fast bre breath
is 08 and you get a secondary and I just
want to know the on blood the only
secondary we can do is you can give
blood here I can take you or give breath
here and I can take ibody here at the
Cop Shop injecting me no one's going to
give need okay listen give breath here I
take you for blood there or I just take
you to draw blood at level so what do
you want I just want to know what the
statutes are on blood levels one or the
other can you find out or no so you
either submit to the blood like you
consent it already and I'll take you
down there and we'll get that done wom
know what the level statutes are because
with diabetics there is a level of
alcohol in are you a diabetic I have
hypoglycemia are you a diabetic I have
hypoglycemia that's not a diabetic no
but it R runs the same way if you were a
doctor you would understand okay well
I'm asking you do you consent to e I'm
not going to argue with you so I'm going
to take that as a refusal we're not
going to do either
then
[Music]
oh

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