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Edit Transcript - Bodycam DUI Arrest - 23-Year-Old Woman Cops An Attitude When Asked to Perform Sobriety Tests
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Bodycam DUI Arrest - 23-Year-Old Woman Cops An Attitude When Asked to Perform Sobriety Tests
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hello who was driving what [Music] Happ I was going a little bit too fast it was like a stop and then everything I was just I was just going too fast okay all right you have your license registration improve of insurance on [Music] [Music] [Music] you um I actually don't have the registration or the entrance okay you don't have anything I don't have a license no but I should have registration and insurance hey how's it going offic good do okay um this is my car but I don't have insance okay so all right um but yeah I mean what do we have to do from here I guess I'll get with you in a [Music] sec 205 2 do you have your license you don't have a license no Adam Sam Henry Robert 27 are you guys like behind or just waiting for at the just at the traffic light okay so what' you see she they were she was coming um North them and then she said there were she was coming too fast and uh I guess she tried to Swerve out a traic cuz I ride a stoplight traic that stop she jump that CBO there and all right okay give me a second all right Victoria come over here real quick right here you take your hands out your F have you had anything to drink today no have you smoked anything taken any drugs prescription I do smoke weed but I have a license to smoke that okay all right just stay right there all right what I'm going to have you do is we're going to do a field soety test okay to conduct if you were safe to drive okay or if you were under if you were impaired at the time of driving okay so what I have you do right now is put your feet together okay keep your hands on your side like this can I have you take your glasses off real quick I can't see you it's fine you'll be able to see my finger you can't see at all like you're completely blind yes you can't see any Vision no nothing no okay do you see how thick these are I see how thick they are but it doesn't mean you're you're blind so can you take them off me BL no I I mean I can but I I need you to take them off okay okay you just put them in your pocket for right now okay all right what I'm going to have you do is I'm going to have you look right here at the tip of my finger okay what you're going to look right here at the tip of my finger okay with your eyes and your eyes only follow the tip of my finger okay do you understand that uh during the accident did you hit your head did the air bags go off anything like that before we start no do you have any recent head injuries that you need to know about do you have any problems walking balancing churning no so just follow the tip of my finger with your eyes and your eyes only okay just keep your head still only moving your eyes okay you understand yes just trying to follow with the on it it's going to go up and down okay the next thing I'm going to have you do is I'm going to have you do a Walkin turn test okay you can either take your shoes off if you want or you can leave them on whichever one you prefer either one whatever you prefer okay so what I'm going to have you do is you're going to stay in that position with your feet together hands on your side okay what I'm going to have you do is you're you're going to take nine Heel To Toe steps walking in a straight line okay what you're going to do is you're going to take your left foot and put your right foot right in front of it staying in this position with your hands on your side and your right foot in front okay don't start just yet okay I'll explain everything to you in a sec okay so just put your right foot in front of your left foot okay that's how I start that's how you're going to stand for right now okay I'm going to explain everything to you okay so put your right foot in front of your left foot okay so once I tell you to begin you're going to take nine heel this toe steps walking in a straight line can you imagine a straight line in front of you yes okay can you stay in this position for me so what you're going to do is you're going to take nine Heel To Toe steps walking in a straight line the line is going to be about the size of your foot don't start until I tell you to begin okay so just stay in this position with your right foot in front of your left foot okay do you understand do you have a problem with the test I'm giving you are we going to start once I finish giving you all the rules and how to do it then yes you can begin but once I tell you how to do it you can't do a test until I tell you how to do it all right then explain okay so what you're going to do is you're going to put your right foot in front of your left again put your right foot in front of your left foot and then what we're going to do is we're going to take nine heel toe steps walking in a straight line I'll tell you when to start okay I just need you to stay in this position right now okay it it's simple it's simple instructions okay I just need you to put your just hang on okay are you ready or no once I tell you to start you can begin I'm going to show you how to do it first and then you're going to do it you've already explained I haven't even show you how to do it yet okay then show me okay can you put your hands on your side again take your hands out of your pocket then show me put your right foot in front of your left foot and stay in this position okay so what I'm going to have you do is walk nine heel toe steps in a straight line the line's going to be about the size of your foot or the width of your foot and you're going to take nine heel toe steps walking in that line I'm going to be taking three steps you'll be taking nine so it's going to look like this you're going to go one 2 3 three and so on and so forth until your ninth step once you get to your ninth step you're going to take a series of small steps turning around and then returning back to this position once you get to this position you'll take nine heel of toe steps walking in the straight line again one 2 three and so on and so forth until you get to your ninth do you understand okay whenever you're ready to begin you can do that test return back to this position for me okay with your feet together and your arms on your side okay what I'm I have you do is it's going to be the one leg stand with the leg of your choice you're going to lift it approximately 6 in off the ground you know how High 6 in is it's going to be about the size of a Coke can okay so about that size you're going to lift it parallel off the ground with the foot of your choice and when I tell you to start you'll begin counting out loud as so so you'll go 1001 1,002 1003 1004 1005 and keep going and keep going until I tell you to stop do you understand that during this you're going to keep your hands on your side at all times looking down at your foot at the top at the tip of your toe Counting out loud okay you have a watch on you give me one second okay just know when it goes just hang on real quick okay bud should prob wait for the okay so just count it okay what I'm going to have you do is put your foot up okay okay all right so whenever you want to begin you can lift the foot of your choice okay keep going until I tell you to stop okay I don't have a belt on okay my pant 30 all right next what I'm going to have you do is you're going to turn around face this way real quick okay place your hands behind your back for me okay at this point you're going to be placed under arrest for suspected uh DWI okay you have anything in your pockets going to poke stick me no I'm going to use the back of my hand okay to feel the back of your waistline and then I'm going to have to go on your breast line okay no it's not a choice okay you're under arrest at this point okay can he can he grab my phone just wait over there real quick can you gra my phone for how much [ __ ] higher do you want them I didn't need you to go that high okay okay well you do is I'm going to use the back of my hand okay I'm going to feel under your breast line okay do you understand do you understand no I don't speak English see you got any questions man uh no no sir just U I'm assuming it's rather aggressive for DW that she she's just suspected at this time and I mean um her journalist it seemed kind of unfair to do the test right now you know at least letting her see the ambulance or if you guys take her to the hospital she's going to go to the hospital have to go to the hospital before anyz she's real she's on just a story that uh Witnesses were giving us didn't really make sense with how you would stop like this and come over here so that's why I just did the test I mean if she would have been if she would have done all the test and wouldn't have showed any signs then she would have been free to go but she was showing signs so that's why she's placed under arrest I mean I guess I understand like even though under circumstances like you're rush and stuff and then being a female just it's kind of seems a l you know it's my opinion you know but I mean being a female has nothing to do with it no I mean they work different than men do you know my jaline Works different than femal adrenaline especially in a circumstance like this I don't know anything about adrenaline causing you to wreck into a tree but I'm not saying that but just the after fix of yeah but all right man you need anything else just give us a call okay walk over this way this [Applause] [Applause] way [Music] well since you got Victoria since you have cuffs on you I'm going to have to read you something because I'm going to ask you a few questions okay um you have the right to remain silent anything you say can and will be used against you in a court of law okay you have the right to an attorney and have them present before during or after any questioning and you have the right to refuse questioning at any point in time okay um do you understand your rights having understood your rights are you willing to speak with me okay okay let's go over I'm just going to I'm going to leave the door open okay we're just going to leave this door open if you want to have a seat you can make yourself comfortable um so how many drinks how many alcoholic beverages did you drink today no you haven't drinken any alcohol okay I can smell it coming from your person okay so I know let me ask you this you believe in telling the truth okay would you like me to be 100% honest with you I would like that the same okay so would you agree that honesty is best policy okay with that being said lying is going to be look at me look at me real quick just so I know that we're tracking okay lying is going to be of no benefit to you okay the truth always comes out okay so the more honest you are with me upfront the more I can help you in the end okay I don't work with people who lie to me at all but if people are upfront and honest I work with them 100% on on on the end when it comes to court time okay so real quick before you answer this question make sure that it is 100% truthful okay cuz you're already under arrest at this point okay so you're already going to jail so lying again is going to be of no benefit so how much have you you had to drink today today nothing okay have you taken any medications have you smoked any weed nothing like that okay yes I'm on probation okay okay so I'm not supposed to be drinking and yesterday but people people do it all the time okay okay so yesterday yes ma'am and the day before yesterday I did drink okay how much did you drink I took about maybe three shots each day okay things been stressful for you lately yeah family life work life personal life everything everything everything okay like I have probation I have anger management classes I have parenting classes I have you have you have children I I do you have children okay how many how many kids do you have two two boys girls there one in one one in one okay how old are they three and four oh those are fun ages aren't they do you do you get to see your children right now okay I just where are your children at right now I just dropped them off before I got into this wreck okay so what happened leading up to the wreck I I was just I was just going too fast and I was arguing with I was arguing with my baby daddy and I wasn't paying attention and I had to Swerve I had to Swerve off into the cuz I didn't want to hit nobody was there cars in front of you yeah okay so you just swerve the vehicle to avoid hitting another vehicle and then you hit the tree okay so when would you say your last alcoholic beverage was probably yesterday about 5 or 6 in the evening or 5 or 6 in the morning evening in the evening okay you've not consumed any alcohol do you take medications for anything nothing at all okay um do you smoke marijuana okay when was the last time you smoked your marijuana smoke any of today not today when it was probably I to be totally honest I can't afford it right now so it's it was probably like a few days ago maybe do you buy it from the dispensary or did you just get it off the streets I have a medical card okay okay all right in the accident did you hit your head at all no okay did your airbags go off no okay all righty all right hang tight for one second I'll be right back with you okay so this officer has something to read to you okay he's just going to read you something real quick listen to everything he has to say it's very important that he that you listen to this and respond appropriately okay listen to me I'm about to tell you something important you're under arrest for driving under the influence 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 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 a 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 agentry agency do you agree to take our test no okay I cannot force you to take our test but if you reviews you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are convicted in a court of driving while under the influence you may also receive a greater sentence because you refuse to be tested do you understand your right to speak to an attorney or remain silent does not apply to the requirement of New Mexico law that you take a that you take a breath test do you now agree to be tested so you understand that your charges are elevated now right okay so I consider your actions to be your tested okay so at this time you are now going to be charged with aggravated driving the intense okay so I mean if you want you also always have the option to give blood too okay okay I already I already told you that well I told you not here okay I already told you that I wasn't so so here's here's the thing Victoria we don't just arrest People based off of hunches and and feelings right we Bas we ar People based off of what we see what we hear what we smell we can smell alcohol coming from your person right so I mean you can disagree with that I'm just telling you what I what I smell and what what I'm seeing I'm seeing that you are having a hard time standing up straight okay when I spoke with this officer he said the fields that you performed the battery of of tests he ran you through okay showed impairment okay so that is why we are at where we're at right now okay so when you say you haven't been drinking we know that to be different okay cuz if it's not alcohol it's another drug okay it's either alcohol or drugs all right well I don't know why to put them at the hospital because that's why because you are in an accident and you have to be medically cleared before you get to be incarcerated Okay so that is why you're here so as soon as they're done then off to County you go okay do you have any questions for me no okay doing well so your daughter is under arrest right now for um aggravated driving Under the Influence okay um she's being charged aggravated because she's refusing the test her right she has every right to do that um you are not able to see her because she is just here for Med clearance um she will be incarcerated when she's incarcerated she can call you or you can call the jail and talk to her there okay but as far as right now you're not going to be a to see her she is perfectly fine it's just customary for every time that we arrest get or nothing NOP no they uh she I guess drove off the road and hit a tree um the airbags I don't believe the airbags went off on the vehicle I I could be wrong I wasn't there on the scene um I met another officer the arresting officer here um but she doesn't have any bumps bruises scrapes nothing she says she's perfectly fine um but you will be able to talk her once she gets to County okay do you have any other questions for me something I can answer no I just want to make sure she was okay she's I just got the call so I don't where are her kids I guess she had dropped them up at the daycare a daycare okay m is Dad able to go get them or are you able to get them yeah I can we can we'll take care of that so they will be cared for oh yeah yeah yeah don't worry about the kids the kids are well okay good deal yes awesome try to have a better day tell did you let her know I was here yes I will yes so this one's a DWI citation okay this one's different than these ones and I'll explain them to you so this one's just showing that you arrested for DWI what I observed what I smelled things like that and then it just shows right here all it is is you're going to appear to court um where's date over here so it's saying that I served you a copy of this one on February 14th 2024 and this is a notice of revocation so what she is in the state of New Mexico is you get a DWI hearing and that's through the DMV okay and that's what this one is for okay it's right here at the bottom you're just going to sign okay says it right here none of these are admission of guilt okay it's just showing that you're going to appear to for them okay same thing with this one not an admission of guilt it's just showing that you're going to appear to court for it so since you were in possession of the vehicle you technically get sided for it having you're going to get one for no registration no insurance and then one for no driver's license okay and then right here at the bottom again not in the mission of guilt it's just showing that you're going to appear to court and you can go honor before February 22nd he might even be able to take them over the zoom meeting but I wouldn't count on it just try to be in there for them okay right here the bot on this one this one's for the vehicle to be registered okay too expensive yeah don't want to do it this one's for drivers to be licensed [Music] okay
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