hello hello did you call um I don't know
where the girl is that was driving she's
right there whose car is this um that's
my grandson's and it was parked right
here he hasn't went anywhere all day and
is everybody okay yeah everybody I'll
just have you guys hang out over there
for now okay all
right
hello hi looks like you might have
crashed your car huh oh my gosh hi yeah
I'm Rachel nice Rachel Eli ni what's
going on how' this happen I don't know
you're not sure yeah it's your car this
is my vehicle obviously well how did it
end up on its
side do you know D just I mean obviously
just right I see a kid seat there wasn't
the kid in here when this happened no no
no children in here obviously this just
happened by itself right that were you
driving it I obviously was driving the
vehicle so I mean do you OB ask
questions or you just ask questions I
just ask questions I'm just trying to
figure out what's going on that's all
it's Rachel right it is Rachel it's nice
yeah I was just driving down the
road and then on
vehicle so were you going were you
driving this way yeah obviously that's
the way the vehicle's facing so why do
you keep saying obviously well I mean I
think um everything with the scene is
pretty obvious so okay I don't think
there's much left too what how I guess
did you just not see the car on the side
of the road or how did did there was no
car on the side of the road there wasn't
not to my knowledge no there was a car
driving this way I was clearly driving
in my L
okay go
ahead time for thank
you
where are you coming from tonight
Rachel um I was coming to my friend's
house on the South Town on south of town
south yeah the south side of town south
side oair yeah what's their address do
you know off the top of your head I
don't know okay I would have to get my
cell phone which is in the car but we
had sto stopped um to pick up a friend
of
Hobs where is that Hobs is a Tavern on
the S of town but I don't know their
exact address or not okay super was
there anyone in the vehicle with you
when this happened no there was nobody
with me and I can tell you
like there was obviously
a you had anything to drink tonight
um no I haven't you just be honest with
me no it's not going to like it's not
going to incriminate you any further
anything no I know nope no nothing to
drink huh not since 6:00 p.m. 6 p.m. so
I would say a few hours though yeah like
what did you have at six I had
a what we considered a beer cocktail gu
Co how much alcohol would you say is in
that um it's a 4%
o 4% and you just had one of them yeah I
just did one we were at a fantasy
football draft tonight that explains the
Jersey you a yeah that's why the Jersey
yeah I'm a c fan but yeah I just had one
cocktail um it was a um I don't know the
brand name
um of the cocktail I'm sorry that's okay
not um but I know it was uh 4%
alcohol okay do you have any like issues
with your eyes at all like do you have
any no I don't have any ocular
degeneration that I'm aware of do you
have any first and foremost I guess I
should have asked this a little bit ago
are you injured at all no you probably
should have asked that right away right
yeah you're right I should have but I
forgot I mean you were walking so I was
it's okay wasn't
it's fine okay so here's the deal Rachel
so here's the deal I won't answer any
more of your questions you're not going
to answer any more of my questions no
well you don't have to answer anything
if you'd like to know nope nope actually
I'll let you know what's going on from
now because you've
superseded right your rights of asking
me questions hi ma'am can can I talk to
you here uh nope um and so any more
questions you have you can talk to my
attorney all right what's your
name you can talk to my attorney it's
Rachel He Knows My Name Is it Rachel I
won't be answering any more of your
questions I think I've made that very
clear all right well I'm just getting on
scene so I don't know I think I've made
it very clear that any more questions
anyone has for me do you think you need
an attorney right now um I think in
general any citizen that encounters a
law enforcement officer outside of any
normal circumstance should just refer
that to an
attorney okay so any any interaction
with so I I don't think that any
interaction you and I have beyond what
him and I have where have you been
drinking tonight
Rachel I haven't drinking tonight I can
smell the alcohol from you
well I guess you can smell the alcohol
from me but I haven't been drinking so
okay why am I smelling alcohol from
you you don't
know have you been around people who
have been drinking is there a reason why
I'm smelling alcohol right now it
doesn't come from
nowhere does that make sense mhm okay
makes total sense so where have you been
drinking
tonight I think I already told you any
questions you have you can talk to myne
over okay are
you I think that's like very ask about
Fields no are you willing to perform any
field tests for us tonight no I would
not be willing to perform are you
willing to do a PBT for us tonight no
okay you're going to be under arrest for
OWI
okay I got
163 quars 156 as
one who is that right
there is everything okay yep
do you know her are you okay okay am I
okay I'm okay are you okay everyone's
okay thanks you okay I am okay thank you
for asking all right this one your
wrists are so tiny I'm going to loosen
it up and we going to have you okay
okay you guys okay where do you
live I guess or do you have a preference
for who deals with your vehicle at
all
do you have any weapons on you Rachel no
okay do you have anything in the vehicle
that you need to come with you no phone
wallet keys anything like that no honey
okay all right good ready okay you ready
let's
go you're F hey it's okay just turn job
okay all right focus on where you're
walking
please if you know I won't be saying
anything
else
okay that what's that I won't be talking
with that's fine you don't have to say
anything thank
you
all right hop in it's
okay fine you're doing that doing thank
youing all right put you Fe him
hey I mean I have very strong mint gum
in in my mouth and I have a terrible
nose and her breath waths dude yeah so
bad how fast she was going man was not
expect I know I know I pulled up and
almost started laughing
yeah um I'll ask her if she wants
anything from the car do it I already
you do okay
um was caller the owner of the truck
vehicle I I'm not entirely sure I just
kind of told them to hang out while I
was dealing with her till you got here
so I'm going to talk with them next okay
yeah if you want mine feel with that for
me yeah no I'll take care of all
this
yep you guys need to um get my car out
of the way what's up you guys need to
clear my car yep we're calling a toport
okay well can you confirm that for me
what time you called it verbally yep
verbally please put that on the record
what time you called called the toe
at29 and 15 seconds and what time was
the accident reported to you
at and then verbally record that
please uh 10 11 and 36
seconds
okay kind of makes it a lot easier when
they don't cooperate with us
of was going on kind of scared me when
it first happened yeah you guys hear it
I didn't I was downstairs watching
YouTube I Heard It Cody get upstairs
some hit in your car I'm like what yeah
so where was it parked literally parked
right in between these two trees here so
it launched it like 20 ft huh yeah yeah
holy cow at first I thought it was just
car that was on the side and I was like
how did Cody's car get to the side there
was no nobody in it we it's your vehicle
okay what's your first name Cody last
name was there one of you guys that
called I called you called okay what's
your first name Cheyenne c h e y e n n e
Diane last name for you so I'm going to
get you something called a crash card
and it's going to have a case number on
it and all you're going to need to do
from this whole thing is you're going to
just have to call Progressive give them
that case number set that say that your
vehicle was hit and they'll be able to
get all of the information from the
crash from the police
department
um she's not being cooperative really so
I don't know if she has insurance or not
I would imagine she would with a vehicle
that new so I hope so um she got vehicle
just fine yeah so need scratches
anything with that yep so all right I'll
get you that that crash card and then if
you want to probably want to move the
vehicle try I would it doesn't look like
it's too
damaged I think maybe the tire must have
rode up on the hood or
something I really don't
know I'm kind of confused because
there's to be able to flip a car on its
side yeah you would think there would be
a lot more damage than that right
so crazy yeah
I've been working here for a little bit
and I don't think I've seen a car
flipped on its side in the residential
area before
yeah um and what am I under arrest for
operating while under the influence of
alcohol and is that assumptive or
assured I don't know what you mean by
that um is that an assumed offense or is
that an
assured I still don't know what you mean
by that okay I didn't think so it's
okay that's
okay um I mean did you assume I was
operating under alcohol or had you been
assured by some sort of
test you just assumed right
correct and is our conversation being
recorded yes it is yes it is correct so
you assumed I was operating my
vehicle correct is that correct yes or
no Rachel we're not going to have this
conversation okay so that was correct
right that's why you were arrested me
you
assumed I was operating my
vehicle correct what happened to you not
talking
well I won't talk anymore
dear I just you never read me my Miranda
rights or told me what I was in the
arrest for so I was looking for some
clarification because my Miranda RS were
never read and you also never told me
what I was under the arrest
for do you remember that
part when you didn't tell me what I was
under the arrest for or you didn't read
me my Miranda rights do you remember
that
part I didn't think so that's okay it's
okay it's a when you arrest a
lawyer we just kind of let you like walk
into those things but you didn't read me
my Miranda rights and you also didn't
tell me what I was under arrest for do
you remember
that and the best part was that was all
in dep cam
footage I mean it's okay we all
learn the worst part is
is I'm not
intoxicated
and I don't think there is anything else
to
say but you do know when you arrest
somebody you have to read them their
Miranda rights right you know
that and you know any arest that you
make without reading Miranda
wres do you understand what happened
here
tonight or
no do not understand I try to do your
paperwork so can get okay but you
can't arest someone without reading them
their Miranda rights do you understand
you can actually yep you you can well I
mean you of course you can you
did did you call my
attorney nope I called my
supervisor are you going to call my
attorney nope
okay probably want to
know if you're going to charge me with
drunk driving wouldn't you want to like
test my
B CU I'm not
drunk no I'm
not it's fine h
you're just doing your job I get it it's
all
good but it's like not lawful but it's
okay some people wouldn't know this
wasn't
lawful and they it would be
fine but like you know like this isn't
awful right
all right I have something to read you
here okay at the end of it there'll be a
yes or no question that'll need an
answer to mhm can you hear me okay yeah
all right here we operating privileges
will also be suspended if a detectable
amount of restricted controlled
substance is in your blood will you
submit to an evidentiary chemical test
of your blood yes or
no before I answer this question 163 um
I won't answer that until you
uh say what time that you requested that
at no I don't agree to any of that until
I speak to a lawyer thank you so you're
refusing I am refusing thank you all
right so one potential resolution for
tonight is I could I have the
discretionary option of releasing you to
a sober responsible party instead of
taking you to
jail
um is there first first question for you
is is there somebody who comes to mind
who is a sober responsible party right
now if you don't don't want to answer my
questions then we're going to be going
to
jail
all right jail it
is my husband lives in
Nebraska like he's in Nebraska my
husband is in
Nebraska the where he
works where he
lives do you want me to repeat that for
you my husband is in
Nebraska that's where he
lives okay okay so I'm a married woman
and my husband lives in
Nebraska because that's where his work
is okay does that answer your
question um maybe I think that answerers
that my husband is in
Nebraska for
work
so when you ask me where responsible
party is my husband is in
Nebraska
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