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Edit Transcript - Graphic Designer Blows 4 TIMES THE LIMIT After SECOND DWI Arrest
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Graphic Designer Blows 4 TIMES THE LIMIT After SECOND DWI Arrest
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Yes, do you mind stepping out for me? >> 10-13-44 I'll be 10-10 10-8. What is she? 10-13-44 10-8 clear. 10-1. >> Hello, how are you? >> Hi, how are you? >> Good. Uh just take a seat on your back bumper for me, okay? >> Okay. >> Uh take a seat on the back bumper. >> Yeah, like you can rest on it. Yep, that's fine. >> Right there. Thanks. >> Good. >> Uh 41 out. >> [ __ ] [ __ ] that's a drink. >> Uh they said they're coming from a restaurant. I smell super strong odor. >> Yeah. Um eyes are huge. Um super slow. Can't understand that I asked her to do the outfit test. Can't process that. Asked her for documents. Didn't get anything original, so. >> Okay. >> Can you test her eyes and odor too? >> 10-12-151 County will have one out for testing. >> Hi, how are you? >> Good. >> Uh what's your what's your first name? >> Yajaira. >> Yajaira? >> Yes. >> Okay, is English your first language? >> Yes. >> Okay, I just have to ask that, okay? >> No worries. >> All right, I'm also going to do a mouth swab for you, please. Just have to let you know my body camera's active, okay? >> Okay. >> Uh did you drink alcohol tonight? >> I did. >> Okay, how much did we consume? >> Uh two. >> Two of what? >> Glasses of wine. >> Two glasses of wine? Okay, were you at dinner or something like that? >> Yes, my sister's in town. >> Okay. >> So we just lost someone to a DUI home, so. >> Okay, okay. Where were you drinking at? >> Uh we were at uh Baseline. >> Baseline? Over in uh Ocean Park over there? Okay. All right, and how big were these glasses of wine? Was it a normal size glass? Was it >> was normal. >> Okay. All right, what type of wine if you don't mind me asking? >> Pinot Grigio. >> Okay. All right, so uh due to concern some concerns that my my partner here had and the fact that you admitted to consuming alcohol tonight, I'm just going to run you through a couple uh a test right now, okay? I'm going to test your eyes, okay? >> Perfect. >> All right, I just ask that you remove your hat, okay? >> I think my hair's a mess. >> Uh that's all right, the wind's going to blow our hair all over our way. Do you mind just taking it off completely? Thank you very much. You want to hold it? That's fine. >> Okay. >> Yep, okay. Uh so do you have any issues with your eyes? Any medical issues? >> No. >> No, nothing like that. Any injuries? Do you wear contacts or glasses? >> I do contacts. >> Are they in right now? >> Yes. >> Okay. All right. You use them for distance or for seeing close? >> so I'm nearsighted. >> You're nearsighted, okay, so you need it for distance. Okay. All right. Do you see my pen here? >> Yeah. >> Do you see what color it is? >> Yes. >> What color is it? >> It's actually gray. >> It's gray? Okay. All right, so what I want you to do is I want you to follow the tip of my pen right here, all right, with your eyes and your eyes only. Don't move your head at all, okay? Do you mind just kind of keeping your head straight, just kind of crooked to the side a little bit? Okay. All right. So once again, follow it with your eyes and your eyes only, okay? And don't move your head at all, okay? Do you understand? >> Correct. >> Okay. Nope, keep your head still, just your eyes, all right? Nope, keep your head still. >> I need you to follow the pen. Don't anticipate where it's going to go, okay? >> Am I allowed to blink? >> You're You're allowed to blink. >> Yeah, yes. Yes, yes, yes. >> Yeah. Just follow follow the tip of the pen as I move it. Don't anticipate where it's going to go, okay? >> Okay. >> Almost finished. Okay. Same thing. Follow the tip of the pen. I'm going to go up this time, okay? All right. Just keep your head straight for me. Okay. All right. One more time, okay? >> Mhm. >> No. Keep Keep your head head level, okay? You're You're kind of raising your chin. >> raising I wasn't >> No, no. I I understand. Okay. Just Keep your head level. Don't raise your head like this, okay? So, just your eyes. Just your eyes are moving. All right? >> Okay. >> Six out of six. All right, miss. I'm going to put you through a couple more tests, okay? If you could, just step onto the sidewalk for me here, so we're out of the street, okay? You can You can stand right here. >> Cuz there's there's a dip here, so do it from like your belt. >> Okay. We're going to walk up here this way, okay? You can stand right there for me, okay? All right. So, do you have any injuries? >> No. >> No? Okay. You can put your hat back on for this, yeah. Yeah. You have no injuries? >> Nope. >> Okay, nothing that affects how you, you know, walk or anything, day-to-day activities? No? >> Um not today. >> Okay. Perfect. So, I'm going to put you through the first test, okay? It's called the walk and turn, okay? I'm going to put you in a starting position, >> Okay. >> and I want you to remain there until I tell you to start the test. >> Perfect. >> Okay? What I want you to do, I want you to pretend there's a straight line in front of you, okay? I want you to take your left foot and put it on that line for me. Your left foot, yep, perfect. Now, you're going to take your right heel, place it touching your left toes. Nope, nope, nope, missed. >> said the left foot. >> Yeah, so put your left foot on the line. >> Okay. >> Okay? Your right heel touching your left toes. >> Perfect. >> Nope. Uh see how your left is in front of your right? >> What? >> I want your left behind your right. >> So, just switch switch your feet. >> There you go. And just stay just like that with your arms down at your side. >> Okay. >> Okay? Make sure your yep, toes are touching your heel, perfect. Okay? And remain there until I tell you to begin. All right? When I tell you to start, you're going to take nine heel-to-toe steps walking down at the line, on that straight line I told you to imagine, okay? >> Okay. >> You're going to look down at your feet. Arms are going to remain down by your side, >> Mhm. >> okay? And you're going to count your steps out loud. Okay? I'm going to demonstrate. Do not start until I tell you to. Do you understand those instructions? >> That's fine. >> Can you just stay in the uh starting position for me? >> Mhm. >> Okay. Per- Yep. Heels touching your toes, please, Perfect. >> All right. going to look something like this, okay, miss? You ready? >> I I'm really anxious right now. >> Okay. >> I'm going to demonstrate. All right. >> Do you have any injuries to your legs or any issues? What what like what? You can walk okay without any >> I'm okay, so I don't do any more of them. >> So so this is going to be a walk walking test, okay? >> Okay. Perfect. >> So again arms down by your side. You're going to look down at your feet and count your steps out loud, okay? I'm going to demonstrate. Do not start until I tell you to, okay? It'll look like this. One two three. I'm doing three for demonstration. You're going to do nine. On your ninth step, you're going to take your back foot off the line, take a series of small shuffle steps with your left foot planted, and return nine heel-to-toe steps, looking down at your feet, arms down by your side, counting out loud, like so. One two three. Again, I'm doing three for demonstration purposes. You're going to do nine. Do you understand the test at this time? >> I understand. >> Okay. Whenever you're ready, you may begin. >> One two three four five six seven eight nine >> So just resume the test as instructed. Yep. >> I I go this way. >> Con- continue. Yep. Continue the test as I demonstrated. >> I do like this way. >> Just continue. Yep. Okay. I'm going to put you through one more test, okay? >> Okay. >> You're going to stand feet together, arms down at your side, facing me, okay? This one's going to be called the one leg stand. All right. When I tell you to begin, you're going to pick either foot of your choosing, all right, and you're going to raise it out in front of you. Oh, just stay in this starting position for me, okay? With your feet together, arms down at your side. All good. Just remain here until I tell you to begin, okay? Again, you're going to pick either foot of your choosing, and you're going to raise it approximately 6 in up off the ground, toes pointed outward, okay? You're going to look down at your feet, keeping your arms down by your side, and you're going to count out loud, okay? I'm going to demonstrate. Do not start until I begin. Do you understand? Okay. It'll look something like this. 1,001, 1,002, 1,003, 1,004, and so forth, okay? Do you see how my foot is pointed out? My leg remains straight, arms down at the side, counting out loud. Do you understand? Okay. Well, nope, don't start yet. I'll let you know when to start, okay? You got the timer? All right. You can begin. Whenever you're ready. Well, it it's up to you. Yep, either leg. Whenever you're ready. Look down at your foot. Look down at your foot. Yep. Keep going. Thank you. Keep going. I'm going to Yep, keep going. Yeah, just keep going. Okay. All right, miss. Do me a favor, okay? Just turn around and put your behind your back, okay? Right now you're going to be getting placed under arrest for driving under the influence, okay? >> Are these uh any specific type of glove or they like uh they're like a therapeutic type of glove? Or they just regular? Okay. Okay. >> 23 152 10-1 time stamp 41. >> Miss, we're going to walk back towards my cruiser now, okay? >> Yeah. >> Turn around. >> 23 151 31 at 10:30 hours. >> Do you have anything in your pockets? >> Nope. >> No? Okay. Just stand here facing the car for me. >> Okay. >> I'm just going to do a quick pat pat down the back of my hand, okay? >> Okay. >> And you have nothing in these pockets? Okay. I'm going to take this hat off. It can't go in the back with you. Okay. Just take a step up and take a seat, please. >> Um I don't know how to do that. >> So, take a step with your right foot. Put it on that step. Perfect. There you go. Oop. >> My hands are tied. >> Okay. All right, just put your other foot down, please. >> Okay. >> Yep, we'll take care of her. Don't worry. Good news is headquarters is right behind us, so it's not going to be a far drive, okay? 23 154, can you contact 17 John 12? >> No, 10-4 10-4. >> 46154, 10-11. >> Before we even go through this route, do you just want to get some of your stuff picked up? >> um I don't know who to call cuz I'm not I'm not from around here. >> So you Yeah, you don't need to drive your car home if you don't wish. >> Yeah, that's um Like it Like I was telling her, she admitted to drinking two two beers. Um I I can't test her eyes. She said she would like to drive, but I mean I don't want to kind of put her in that position. So. Um >> Otherwise, the car needs to be towed under what's called John's Law. >> Yeah, do you know if this car belongs to her or is it in your name? >> It belongs to her, yeah. >> All right. >> So. >> Um >> Can you call for a ride home? Do you Is somebody around to come pick you up? Or you're going to Middletown? >> Are Are you Are you staying with her right now? Okay. All right. Um well why Why don't we do this then? All right. Uh Unfortunately, we'll have to have the car towed. Uh I can bring you back to our fortress. You can wait inside. All right, and then we'll figure out cuz we're going to have to have a sober adult come and pick her up. Okay. Uh >> Miss, is there anything in the car that you need besides your uh your phone or anything? >> Um my phone is fine. >> Your phone? That's it? You don't need your purse? >> No, no. >> Okay, sounds good. Your purse. Okay. Cuz your car is going to be getting towed, so is there anything out there that you need? >> I'll get my purse. >> She's going to have to find >> 23154, 17 John's Law. >> So we have to tow the vehicle under what's called John's Law. Okay? And since she admitted to drinking, okay, we don't she we can't force her to take the car, okay? And if she doesn't want to drive, she doesn't need to. Okay? So the car is going to be getting towed under John's Law. All right. So, anything in the car that's in there that you are going to need for the next, you know, day Is there anything in there that you need? Do you want your purse out of there? >> I'm okay. >> You're okay? You want to leave your purse in there? Okay, perfect. I'm just going to grab her phone out of there, and she said to leave her purse in there, so >> She said to leave her purse? >> She I have her ID in the car. >> House key. >> I got to look at the uh the keys itself. >> You want me to get her computer bag? >> I asked her, miss. I mean, she said that uh she didn't need her purse, so >> We going to pay to get the car out, right? >> You You are more than w- >> I'm going to take the computer bag. >> And then we'll take her purse, too. I don't know what she's thinking. >> Okay. Um this appears to be like a purse that that's in here. I'm going to take the main key for the car off the key ring, cuz it looks like she's got a fob on there. All right. So, that way, you know, if she needs to go to work or house keys or whatever, she can have that. All right. Going to put that right back in that bag. Okay. There you go. Everything else we're going to leave in the car for right now, okay? >> That's her That's her wallet. >> That's her wallet? >> Do you want me to ask if she wants you to take the wallet? >> Yeah. >> We got to ask her, I think. >> Yeah. Oh, that's >> All right. Uh Ben. So, we're going to have to have your car towed, okay? It's going to be impounded for at least 12 hours, okay? So, anything we leave in the car you're not going to be able to get. So, we have two options. Either we can grab what you need or we can hand it off to your friend. It's up to you. Oh, I'm sorry. I'm sorry. Okay. Okay, I'm sorry to hear that. I'm sorry to hear that. I'm sorry to hear that. >> Um So, how about this? >> Mhm. >> Um let's just see response of the fact that she's going to not be there. >> That's cuz we're going to impound my car. >> Yeah. >> So, where's she going to go? >> So, we're going to bring her back to headquarters with us, okay? We're going to have to call somebody to come and pick you up so they'll be able to come both of you at the same time. She she she wanted to wait with you. Okay. Is that okay? >> And she's with her sister. >> Okay. >> We just lost someone. >> Yeah, no, I I understand. So, as far as your property goes though >> And the property is >> So, we're obviously going to we're going to grab your keys. >> So, can she get everything that's mine in the car? >> Okay. >> Bring it in your car and I have it back at the station. >> Okay. Okay. Well, we can't bring everything. All right. Like essentials. Like do do you want your phone? Okay. So, we'll bring your phone. Do you you want your keys? Your your sister has your laptop. >> And my phone too. >> And and the keys. Um do you want your wallet or do you want to give that to your sister? >> So, whatever you want So, whatever she How about this? Let's say this clearly. >> Yep. >> Keys, car's, laptop, my sister has it. >> Okay. Give everything to her. Okay. All right. Sounds good. >> Thank you. >> She said we can give everything to her. >> Um She has the little wallet, that bag, and the house keys. >> Okay. >> Um So, I'm just going to search her real quick. >> Sure. >> And uh you want to hang with her while I do that real quick? >> Yeah. Yeah, no problem. >> [snorts] >> I'm sorry I said you guys were friends. She just told me you guys were sisters. >> Yeah, we're sisters. >> I apologize. >> What are you looking for? >> So, as as part of an arrest for driving while intoxicated, we have to search the interior of the car to see if there's any kind of intoxicants. 23-151-2129 >> Got it. >> Do you mind 27ing over here? They give a courtesy ride to the passenger back to our headquarters. >> Got it. Chris, when you went to Fair Haven last time, you got the documents from here and then went over? >> Yeah. I mean, they might be able to provide some of it, but >> Okay, this way. >> Oh, okay. Perfect. Thank you. >> Yeah, it took me a while one time to figure it out. >> Um you're going to give her a courtesy ride? >> Uh I got to wait on the tow. Uh Brian's going to come over here. >> Um all right. Yeah, cuz I got to get the documents and then head over to Fairhaven. >> Yeah. No problem. >> You just printed them right off the common documents page? >> Uh check the uh the file cabinet in the left rear underneath the body cam. >> They still have them in there? >> They they should still be in there. >> All right. >> Should have everything you need. >> Um when you had yours, did you leave them in the in the rear or did you bring them in? >> No, I didn't bring them in. Just like your camera on. You want to give me a second for a minute? >> Yeah, that's all right. >> Do you want to say something to her real quick? I mean >> First, I'm just going to read her her rights real quick. >> Yeah, yeah, okay. >> So, miss, okay, since you are technically under arrest, I'm just going to uh make you aware of your rights, okay? You do have the right to remain silent and anything you say can will be held against you in the court of law. You have the right to an attorney. If you cannot afford one, one will be provided for you, okay? Are you aware of your rights at this time? >> Uh yes, I am. >> Okay. Sounds good. Uh would you like to speak to your sister real quick? >> Yeah, please. Yeah, for a little bit, I guess. Uh yes, please. >> Okay. If you would like to speak to her real quick, you can. >> Oh, you want me to call? >> Yeah, I have to go grab the uh folder out of headquarters and I'll bring her over to Fairhaven real quick. I do if you need one. All right. Chris, did you get her info or no? Oh. >> Is everyone taking me back to your place or can we do anything here? >> We have her key fob for the car. Okay, cuz we have the tow company's going to take that. I'll get you the registration card for the car. What's up? >> He's going to wait with her and the tow transport her over to headquarters once the tow comes. So, I'll grab the paperwork if you want to go over there. >> Okay, sounds good. All right, I'm going to head over. Good. >> the registration? >> Yeah, do you want that or are you just going to look it up on the MVT? I'll give you the registration. There you go. >> Did you call? >> Yeah. 23154 Fairhaven LOC. >> Go to 1336. >> Query to transport our female 41 for the box. >> Okay. >> Received County 23154. Going to be transporting one and female 41 current location to Fairhaven headquarters. Starting is 38430. Cameras are on. >> 38430 receipt. Cameras are on. >> Do you want the window up, miss? Is it too cold? >> Um thanks for asking. I'm okay. >> Okay. Well, I'm going to roll it up. All right. >> Can I ask you one question? >> Sure. The handcuffs? >> Yeah, they're really tight. >> Well, I checked for a proper fitment. I I was able to get my fingertips in there, so they're going to remain on till we get to the police police station, okay? Miss, how do you your first name again? Yahara? Okay. And what's a good phone number for you? What's a good telephone number for you? I'm sorry. >> No, I'm watching you driving give me anxiety. >> 39, I'm sending you her contact number for the tow truck. >> [snorts] >> 23154 County going to be arriving fair even take orders. Ending is 38432. >> 38432 >> What's going on? Show on the other side. It's my first time over here. >> You need 45 to use the box or something? No? >> I have a guy coming over here. He's coming over with the documentation and everything too. Is that we need to ask for a >> Okay. >> Okay, miss. You can step on out. I'll help guide you out, okay? >> Oh, thank you. I don't know how to get out. Perfect. Thank you. >> You're welcome. >> Yes. >> Thank you. You can just have a seat on this bench, okay? Thank you. Do you guys have a female working here? Okay. Yeah, I think Monmouth Beach has one. She came over the other night for us. I mean, I can have her come back to hours and do the search there unless you guys want me to have it in here. >> Huh, if you want. See if the Red Bank Does Red Bank have anyone there? Closer. >> I don't know if Grace is working or if they have anyone else. >> I think she's on flags or something. Um yeah, I'm good. I don't know if you can get somebody here. >> Okay. >> I'm going to call dispatch. >> County 23154 >> 23157 >> Can you reach out to Sorrento Township for a female search? Hey Chris. Oh, just keep that on right there for me. Thank you. You can take a seat on the bench. >> Okay, perfect. >> Can I see your license? Thank you. Okay, miss. I'm going to read you this this sheet, okay? It's the uh New Jersey Attorney Attorney General's Standard Statement form, okay? Just let me finish the entire sheet, okay? Um I'm going to ask you a question at the end. All right, nice and simple. >> Okay. >> You have been arrested for driving while intoxicated, N.J.S.A. 39:4-50. The law requires you to submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record will be made available to you. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. If you refuse to provide samples of your breath, you will be issued a separate summons for the refusal. A court may find you guilty of both refusal and driving while intoxicated. >> [snorts] >> If a court finds you guilty of the refusal, you will be subject to various penalties, including license revocation of up to 20 years, a fine of up to 20 As I was, a fine of up to $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty. >> [snorts] >> You have no legal right to have an attorney, physician, or anyone else present for the purpose of taking the breath samples. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you provide breath samples will be treated as a refusal to submit to breath testing. Even if you agree to take the test, but then you do not follow my instructions, do not properly perform the test, or do not provide sufficient breath samples, I will charge you with refusal to submit to breath testing. I repeat, [snorts] the law requires you to submit samples of your breath for testing. Will you submit samples of your breath? >> Sure. >> Okay. Can Chris, can you time stamp 20 minutes start with? Thank you. Does this stay open? >> 23151 1040. Excuse me, Kelly. 1051 >> Okay, miss. I read you your rights out loud. I'm going to give you an opportunity to just state your So, you understand English, correct? Just double-checking. Um >> I hope so. >> This first line, okay, when you read this, >> Okay. >> you're just going to sign stating that you acknowledge what you read. And then if you wish to, you know, continue speaking, waive your rights, you can sign that second line. >> [snorts] >> So, when you're done reading those at the top, let me know. Good? >> [snorts] >> And like I said, the second line is if >> Uh is my signature here as well? >> If you Yep. >> This? >> All right. Thank you. So, from here on out for the next 20 minutes, just refrain from touching your mouth, burping, coughing, okay? Um otherwise, we have to start an observation period all over again, okay? So, for the next 20 minutes, we're just going to hang out, all right? And then uh we'll get you going with the breathalyzer, okay? Thank you for your cooperation. >> Where's my sister? >> I believe she's getting a ride home uh back to your house. Chris, is that correct? >> Um >> She's going to serve because she's >> I'm not sure if she's getting a ride or she's going to wait for you. >> Okay. >> It sounds of she's was going to wait for you? >> Okay. >> All right. But either way, she's at our headquarters right now. Once we're finished up here, we'll bring you back over here. >> I just want to make sure she's okay. She just drove an hour and a half away cuz we had to go to the convention. >> Yeah. She's okay. She's aware of what's going on. >> All right. >> [snorts] >> Do you have a middle initial? >> No. >> No. Any luck with the female? >> I don't know if that's a female. >> Okay. >> [snorts] >> Okay, miss. Uh these are just basic questions I'm going to ask you, okay? Uh what's your occupation? >> I'm a graphic designer. >> Graphic designer? >> Mhm. >> Are you sick at all at the moment? Are you injured? All right. I'm just going to remind you, okay? You do have your uh Miranda warning, you know, your right to remain silent, anything you say can and will be held against you in the court of law. All right. Um what kind of alcoholic drinks did you have tonight? >> I had like three drinks. Okay, can you just specify what kind? >> Uh, Pinot Grigio. >> Pinot Grigio? So, wine? Okay. How many did you have? >> Two. >> Two. And where did you have them? >> I had them at Base Line. >> Okay. What was the time between each drink generally? >> I can't recall exactly. >> Okay. When did you have your first drink? Around like what time? >> I don't know. My sister came up to visit for the week. I think Probably like It was So, probably >> It was 4:00 maybe? >> Okay. >> Yeah. >> And that was at Base Line? >> Mhm. >> So, you guys were at Base Line from 4:00 till I I pulled you over? >> Yeah. >> Okay. And uh >> We ordered pizza, food, and all that stuff. It was fun. >> When uh when did you have your last glass of wine? >> I can't recall that. >> No, okay. But today though? All right. Uh, what time did you finish eating? >> I don't know. We were just kicking it. >> Sure. Okay. And what did you eat? >> Yeah. >> What did you eat? >> Uh, we had pizza. >> Okay. >> And um, we had calamari. And that's what we had. >> Do you know what time it >> I don't >> 10? Okay. Do you want to start the machine up? >> I'm set. >> Got everything else done. So, that's her license. >> So. >> Got to get that. Can I get it from this one? >> Yeah. This is >> All right. >> I think it's 233 here. >> Slide me over. Oh, mother [ __ ] >> I have no idea why I have to reset this password all the god damn time. Hey, you guys able to do it where I didn't have to? Perfect. Thank you. Okay, the last moment that was logged in there was probably Eric, I think. It's actually Chris. Yeah. Do you want to put this on the moment? I have no idea why. That's what the computer told Who you talking to? Um, wait, what's going on? I'm not sure what the Okay. I'm going to ask you to see What was the only issue with the What happened inside? >> [music] [music] >> Hey.
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