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you stated you wanna understood the
instructions that you were gonna do as i
say and only when i talk my legs are
wobbling sir and i just hit squats and
dead lifts today that leg leg day stuff
i'm not buying it get back in the
position that i told you i'm just gonna
take you on refusal
[Music]
hi there officer crew santa fe pe what's
going on man
driving up to my house and i swear to me
okay do you know whose car this is i do
i mean no i don't okay
we'll see you come right over here with
me
i mean i can't drive obviously
[Music]
all right give me one moment okay yeah
sure
where you coming from
i was just coming right from downtown
okay three two four just explain if you
guys could
start heading over to another
garcia and johnson
we're getting reports of a vehicle that
hit a parked car possibly intoxicated
driver charged it down green
where did you say you were coming from
oh just coming right from downtown at
work have you had anything to eat or
drink
i've had some
dinner i mean i don't know what did you
eat what's that what'd you eat i had a
burger okay
because so open your mouth again for me
so your tongue in the back is super
super super green okay i mean so usually
that can come from smoking marijuana
which like he bumps different stuff like
that i'm not saying you did it i'm not
saying it can't come from other things
but it can well i appreciate that but i
know
so so well obvious so what we're going
to do right is you hit a parked car okay
your pupils are obviously very dilated
we also have a 95 and that's um correct
and your your tongue is green in the
back
what we're going to do is we're going to
do we're going to run through some
filter body tests okay okay
[Music]
ten four one mommy yeah it might be
related
um let's see come right over here with
me real quick literally i swear to miss
something i didn't hit uh
well the thing is this what's the speed
limit on this road 25 miles exactly yeah
so
that happened from 25 miles per hour
swerving from an animal on the road
definitely not i mean i came right here
the thing is is when if you're going the
speed limit and there's a animal on the
road
you're not going to swerve and hit a
parked car okay yeah but i'm also not
just going to sweat swerve and hit a
parked car for no reason you're right
you're right and it could be from
impairment that's the reason yeah that's
right but so come right over here real
quick you're gonna take a seat out here
on my push card real quick
[Applause]
right there i'm gonna push on my push
button you can see right there
the bumper
i'll link it up together
so
what was that
did i apologize didn't mean to sound
antagonistic no no no no worries brother
no worries i understand so uh what we're
gonna do is we're gonna call the medics
real quick
okay
how about how old are you sir i'm 39
okay
yeah santa fe if you could uh start a 55
in my location about 40 year old male
he has open winds to the face
no worries brother so the we're gonna
have the ambulance come real quick just
to come check you out
um they're gonna obviously they have to
assess the cuts okay sure
uh the airbags didn't look like they
deployed right now
literally i was going like this
just to go around
and then i swerved boom
no worries brother no worries
and you don't have
so obviously
it's just me and you out here i guess
people ask me if i smoke marijuana i
don't i don't know what no that's fine i
don't you you could have i mean did you
have anything to drink downtown no okay
so like i said it's not a huge issue
those are things that i'm gonna ask fair
enough um
but obviously just based off of the
totality of things right now right a
single car crash on the 25 mile per hour
obviously that looks like a little more
high impact than 25 miles per hour okay
so i mean if i was going like upwards of
30 35 i mean that doesn't mean that i
did something terribly wrong you're
right it's it's you're right but right
now i have a single vehicle crash
okay
and
a lot of people again it's it's hard to
hit a parked car could that be what it
is
could that be what it is very well
car that's there very well it could be
some it could have been you could be
telling the truth i'm not saying you're
not but i still have to yeah what's the
reason what's reasonable you know what i
mean no no that's right that's what i'm
saying to you
and i get it
i hit a first dog
like i'm the guy
how long have you been here what that
how long have you been here oh [ __ ] i've
lived up this road for five years no i
mean i'm in here oh
since i call i'm the one that called
you called yeah
okay so i'm not like
trying to hide something i'm the one
that called him the
issue
i said oh [ __ ]
i swerved i tried to miss an animal look
like a [ __ ] raccoon what did you tell
them
exactly what i just said to you
and so i hit the car you didn't get
called on me i called
well i didn't come over here four
o'clock i was just in the area oh it
turns out that yeah they were telling me
now that you did call or somebody called
that doesn't mean okay
so let me check let me check real quick
that you don't have anything in your in
your pockets that i needed no
no worries brother
do you know your phone number
how many calls did you guys get for this
[Music]
uh we received approximately three in
total
[Music]
check
yeah it looks like it's just that one
right there
do you uh you just want to turn off your
front these these chairs right here just
we're going to run through some fields
real quick brother
all right man so
they got three calls um
for this okay
the 603 number that you're telling me is
not one of the numbers that called
i'll show you right now
this isn't that
428 oh that is but did you just call him
right now no yeah he did right there 9
55. 18 minutes ago okay so here's what
we're gonna do we're gonna we're gonna
run through these filter body tests real
quick okay okay so
um
uh yeah just that one i don't think i
gave out that one
so we got the the medics right here
and they're going to check it out real
quick
and then like i said we're going to run
through these filter body tests okay i
know it's just a cut
better safe than sorry
i mean i understand you got to do what
you got to do but i mean i called
that that's fine that's fine i believe
you know i saw it i saw the number there
they just said that they didn't get it
for whatever reason yeah
good
yeah
you want me to close my door
not right now
but if you can do it
do you uh
so obviously obviously the car is
inoperable right yeah sure
it's probably gonna have to get towed
okay
just right here brother there's little
cuts some blood on him okay how are you
doing man
how are you what's your name
[Applause]
[Music]
here it looks like he obviously was
driving in the center of the road
his left tire
is right on the line so obviously he
wasn't completely in the lane when he
made this right turn
[Music]
here's the center of lane traffic
and obviously
the center of his vehicle is is on the
line that divides the directions
so he was more far out to the left
[Music]
further to the left of the side of the
road which would be the opposite lane of
travel
possibly in between the two
yeah
so that yeah that's so we were going to
run through the fields and i just wanted
to make sure it got cleared yeah
released by you guys
okay cool yeah no head neck or back pain
so in my energy
thanks brother all right man no problem
thank you all right man
uh so obviously they just spoke with you
have you ever had any head injury
injuries in the past that no
okay
um
any neck back ankle injuries i should
know about no knees
okay where do you think you're gonna be
able to walk in a straight line for me i
mean
yeah i think so okay balance on one foot
you think
i mean i just obviously i was in a car
accident but yeah and that and that's
why i'm saying right so
i understand you're trying to lay the
foundation yeah i'm trying to figure out
i'm trying to see if you're okay yeah
first of all because
if somebody like and that's that's what
i'm saying we got to take in the
totality of things right i think so you
you you're either going 25 but i'm not
going to admit that to you i mean i
don't know that's fine but i'm saying
either going 25 and it's a small impact
crash or you're going faster than 30
than 25
and i mean you can understand i'm not
gonna
no i i totally understand right yeah um
so i'm just saying right obviously it
looks like you weren't even in your lane
all the way you're obviously in between
too late i went like this you know i
don't know
well i'm just saying the center of your
car is is on this is on the yellow line
right so you're either in the opposite
lane or you're in between two lanes if
you wanted
i mean if you want to negotiate what i
was doing no you could just tell
right if you were in your lane of travel
and you swerved right what i went is
like the center of your car wouldn't be
facing this look okay everybody parked
on this road here you're right
so you're still obligated to drive in in
your lane okay okay
so so what we're gonna do like i said so
i already asked you about your injuries
and all that good stuff okay
um
so now what we're going to do is i'm
going to check your eyes okay
so what i want you to stand here the
heel toe toe hands on your side for me
okay as i move the tip of my finger from
side to side you're gonna follow it with
your eyes and your eyes only okay you'll
keep your head straight the entire time
body straight the entire time if at any
point i have to tell you hey straighten
out your head it's not a big hit big
issue by any means
um just straighten it out so we don't
have to restart okay
what's up
i'm
my legs are starting to become wobbly is
that okay
okay so check it out so here's what
we're gonna do okay we're gonna restart
real quick and the reason is because for
a few times that you didn't follow my
finger you took your eyes off okay
okay so
let's see let's reset like i said just
tip of my finger not a big issue make
sure you stand just the way that i
instructed you to just sound okay
but
you know it's difficult
suspect
[Applause]
that you guys
almost done
gray or fluid
now we're gonna go off okay
oh that's that so what we're gonna do
next all right
what i want you to do is stand right
there for me
just watch them real quick i'm gonna
stand right there real quick
so we're gonna let the the ambulance
pass and then we're gonna we're gonna do
the test right here okay
i mean can i be real honest with you
like i hit a leg day
two days ago and you want me to walk up
like
i'm not going to be necessarily like on
point
what do you want to do
all right so go ahead and stand right
here for me okay
all right right there but you understand
what i'm saying yeah i understand
brother right here
all right man
so from here on out do only as i tell
you when i tell you to do it okay just
so there's no miscommunication or
misunderstanding
sometimes people go through this and
they think they know what we're gonna
ask just i'll give you nice and thorough
instructions okay
so what i want you to do
with your left foot pointed directly
forward in front of you
okay you're gonna place your right foot
in front of that left foot touching heel
to toe
just as i am right here can you do that
for me
so here
and there
here okay so remember i told you do only
as i tell you right yeah i told you just
as i am doing so get back in this
position and and maintain that
okay
heel to toe there you go make sure your
feet are nice and straight keep your
hands down to your side
there you go hands down your side
down to your side all right
so now imagine a straight line forward
okay
that line is gonna be the width of your
foot
on that line you're gonna take nine heel
to toe steps i mean nine on this okay so
here's the thing you're not don't don't
interrupt me okay no but i under i
appreciate that but i also understand
what i have to do here and like this is
a
it's a incline okay b
like i told you it is it is a slight
incline but is there anywhere
is there any more flatter that we're
gonna go we don't have anywhere flatter
yeah we'll take me there
that's not how things work man
okay hello hey if i hit your car i would
like to okay check this out i'm talking
to you sorry don't worry about that that
over there okay hands out of your
pockets down to your side
so go back and maintain that position
that i instructed you earlier your right
foot in front of your left foot touching
heel to toe hands down to your side
again you're gonna imagine a straight
line the width of your foot okay
on that line you're gonna take nine heel
to toe steps nine
every single set are you gonna keep
interrupting me or not because i'm gonna
give you a demonstration and i'm gonna
be able to do it and i'm sober
get back in that position until i tell
you
okay
hands down to your side my apologies
stop talking to them i'm talking to you
these are my names you don't have to
worry about that right now
okay if you interrupt me and refuse to
do what i'm saying then i'm going to
take it as a refusal i understand what
you're saying
now put your hands back you want i don't
i don't care about that right now put
your hands down to your side you can
push your right
place your right foot in front of your
left foot touching heel to toe just the
way that i uninstructed it
okay
on that imaginary line the width of your
foot as i explained earlier
you're going to take nine heel to toe
steps your heel is going to touch your
toe on every step the same way that it
is as i instructed you right here
when you get to your ninth step nervous
when you get to your ninth step you're
going to turn around in the manner that
i show you during the demonstration
nervousness are you gonna do it or not
no
no i'm gonna try
i'm just saying okay then stop talking
and listen to what i'm saying
because i'm gonna have to babble on over
and over again all right i'm not gonna
do that can i try this direction
absolutely not you're gonna do what i'm
telling you to do and that's it
you stated you understood the
instructions that you were going to do
as i say and only when i talk my legs
are wobbling sir and i just hit squats
and dead lifts today that leg leg day
stuff i'm not buying it get back in the
position that i told you i'm just going
to take you on refusal
i'm not trying to be
then stop talking and listen
okay
so now look you have this yellow line
that you could refer to i got you you're
gonna take nine heel to toe steps when i
tell you i didn't tell you to start
nine hills nine heal to toe steps
every single step your heel touches your
toe the same way that it is right now
when you get to your ninth step you're
gonna turn around in a matter that i
show you during the demonstration you'll
get back on the line and take nine more
heel to toe steps i am going to give you
a demonstration watch as i do right now
i am standing just like you when i say
begin
one
two
three all the way up to nine you keep
your lead for a planet
a series of small steps to turn around
you get back on your line one
two and one three all the way back to
nine yes you keep your hands down your
side the entire time you look down at
your face at your feet and counting step
out loud so that i can hear you and you
do not stop for any reason until you
complete the test do you understand yes
sir any questions for me so get back in
that position for me before you start
that is zero go ahead and begin one
two
three
four
five
six
seven
eight
nine
two
three
four
five
six
seven
i also want to again acknowledge this
this is like
okay well i just did it and i'm sober
okay so if you're sober i would expect
you to be able to do the same i don't
think that's the
standard that is the standard that's why
i give you a demonstration to show you
that i can try it again then so you
stand right here for me
face me
all right so here's what we're going to
do now
when i tell you you're going to raise
either foot of your choice left or right
whichever you prefer okay okay when you
raise that foot it's going to be
approximately six inches above the
ground it does not have to be exact sure
you're going to stare down at the foot
that you raise
and you're going to count out 1001 1002
1003. and so on
until i tell you to stop do you
understand yes sir while you do this
your legs will remain straight hands
down to your side the entire time if you
put your foot down
raise it back up and we'll finish it
when i tell you to stop
i'm going to give you a demonstration
for the purpose of this demonstration
i'm gonna raise my left foot but you
remember that you can raise either one
okay my hands are down to my side i am
sober you'll see as i give you this
demonstration i'm gonna be able to do it
do i have to take this into account that
it's at a somewhat of an incline
absolutely this is not my first time
doing this okay yeah so you'll see when
i say you raise your foot it is not like
this it is not like this it is right out
in front of you 1001 1002
thousand three so on just like that
until i tell you to stop okay do you
understand why what okay
okay yes sir so i'll tell you when to
begin
begin
1001 1002 1003 1004 1005 2006 1007 2008
1009
1010
1012
2013 1014
2015 1016. i mean
that's pretty good
what is the average all right so we're
done with that okay
so
i like you like you were saying earlier
okay
you don't have to admit anything to me
and that's your right to do so yeah you
don't have to talk if you don't want to
yeah okay
but i'm telling you right now
based off what i see
you're going to go to jail for dwi
okay
so turn around i'm going to place these
handcuffs on your wrist we're gonna head
down to the station i have a few things
that i'm gonna read to you okay turn
around for me
hey let's come right over here to the
front of my vehicle
sorry
i don't know what that is it's in your
pocket
this is i knew you were smoking thc
marijuana there it is right there
you don't mind just put that back in his
car
you have any kids
not with me how old are you
it doesn't matter to you i don't think
doesn't matter well he's not with me is
uh
is somebody with him
yeah he's with his mom we don't oh
okay okay
all right man so now that i'm standing
right next to you i can i can smell the
alcohol brother
okay
you want to stop right here
button sit here in the back of my
vehicle i really do apologize i'll make
y'all whole can i please speak with him
i won't i won't if they don't want to
talk to you man yeah that's fair okay so
she's talking to the officer right now
real quick about it can will you take me
over there you can hold me i don't care
i'm not going to run i need you to take
a seat i want to be a good neighbor
that's fine and i'll allow you to talk
to him but you need to step in you need
to get inside my vehicle okay so real
quick i'm going to read you something i
understand as i read this to you
you have to listen
okay
because then i'll have to restart over
and over again well and it'll take
forever
okay i'll gladly answer your questions
for you brother but please just allow me
to finish it okay
because there are explanations
listen to me i'm about to tell you
something important you're under arrest
for dwi 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 tests you
have a right to choose an additional
independent test
if you choose to take this additional
independent test you have a right to a
reasonable opportunity to arrange for a
physician a licensed nurse or 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 the
law enforcement agency
do you agree to take our test now
okay
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're convicted in court of driving
while under the influence you may also
receive a greater sentence because you
refuse to be tested do you understand
yes do you now agree to be tested no
okay i'll consider your actions refusal
to be tested
gonna turn turn around for me face
forward
nah i'm gonna remember
ert box over there
he returned from the
the vehicle registration
he's in the call can i do that
what else do you need
um
i'm gonna get careless and then uh
probably streets lane for traffic
because you could see his vehicle's not
even centered where was he going
he's going that way but if you look at
like so he says he swerved to miss an
animal but if you look where his license
plate at he wasn't even in the center of
his lane anyways
there's there's no way that you could be
here and then come at that angle yeah so
that's what we're going to do and then
with how jacked up the vehicle is he's
going kind of he's going fast yeah
there's i mean there's no way we can
prove that but we have careless and
traffic lanes for sure okay
oh yeah i got the citations and all that
brother
alrighty i have a cool coming from
loserweight implied consent
refused
to head to the 81.
all right

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