d oh me Hi how are you I'm off with L Police Department I guess they um saw you coming out of the liquor store they were concerned about you me yeah I'm pretty sure maroon truck Maron truck did you go into the liquor store at all yeah well somebody called I didn't just show up on my own I was crying out here in the truck my husband there fighting but 14 years nothing sorry to hear that yeah it sucks do you live around here yeah I live right up the road um do you have your driver's license I do I do you guys are going to work it out I'm assuming right yeah be fun I hate it I just hate this fighting like yeah why can't we all just get along right sad so yeah I was now one of them was a CDL permit and that's exped on the third I hav't point to go back and get it but oh you drive trucks no no I can though oh you can't you just you just don't right now yeah it's just determin but that's a part of it fire though I see does that make sense no not really but here I got my underd like no I don't smoke so do you mind just hanging on for a second and then you can smoke the whole pack later yeah all right I appreciate that I would wait cuz that way you can just go home cuz you've been here for how long then when the liquor storm up alcohol I haven't drink you Haven you had anything to drink no at all you just got it and brought it out 45 oh my partners are here cuz they're worried about me so do you mind just turning off the car for me all right anything else you want the insurance and everything right here ah nah maybe later we're going to check the status of your license make sure it's valid I hope your your husband didn't get too bad with you no no we haven't talked all day we just had an argument last night and I was really short than this morning all right I'll be right back I'm going talk to my partner real quick sir how are you good it's good to see you again okay just put it out just put it out so what's going on tonight is another party involved or no no it's one is her CDL and then the other one's the regular so what's going on tonight nothing okay where you coming from uh CVS upload I did a return what's that I did a I had to return something to CVS um there was hair ding so do you know where you are now yes where are you at public right down the roof of my house were you were you getting stuff here that's little lier store oh my God I have not drank in so long I I'm not concerned about you drink 2014 like oh okay well somebody called us because they were concerned about you I was crying because my husband and I I said something really short with him this morning and I'm sure it hurts feelings okay not my feelings well like I said somebody was concerned um and want us to come check you out make sure you're okay to drive I'm very much okay and I live right down the street and you what I live right down the street where you live at okay all right I'm not being smart with I'm just like I'm trying to explain it to you I got you I got you like I said I was asking what street you live okay so you went and you grabbed some stuff over here and then and then what like my whole day or no you said you were grabbing stuff from the liquor store I dropped I returned something at CDs then I came here and now you have your registration and insurance [Music] I had an AR you what had an argument with my okay and it was last night that's something shitty and you're still upset about it today we've been married 14 years I feel really bad on it but you are you married I am is there any reason why we should be concerned about your ability to drive a motor vehicles I'm 100% so sir what's that I'm 100% sober no sir I look right down the street that one that's just a permit the permit expired on the 3D um I don't drive truck or anything but I have an appointment do you have any medical issues reason why we're asking we got I don't know if he explain this to you so we got called yeah we got called about them being concerned about your driving okay just since I've been here I have seen very animated um movements from you that I listen that's why I'm asking right is because if it's from multiple sclerosis that's but if I don't know you and I don't know that that's your diagnosis then I'm going to be concerned at something else right and I'm not trying to get all in your personal business but it's very important for us to not have somebody who's in parad drive I agree with that but wholeheartedly I I also you know if you're having any kind of medical she just want to make sure you're okay as well you know um and especially so I'm you're aware that you're L had the whole insulin dependent on on here but you know I know it said until 2023 and that's why I was asking about that as well cuz you know if all of a sudden it you're having issues with that that compounds everything else the DMB said um cuz I told him I didn't take insul anymore it on there you can and it's important like me seeing that goes hey I would if something happened to you I would be concerned and have medical check your insulin it does say until 82223 as far as being insulin dependent so what you told me was right kind of on point as well so um did you you went to the liquor store which there's nothing illegal about that have you had any alcohol today no I haven't had any alcohol since 2014 can I can I check your eyes just to make sure you're okay mhm do you want to step out real quick you Rec contacts no no okay no I think I'm TR okay I'm fine I believe you upset wait let me ask you about the upset thing were you upset before we got here with something you don't have to tell me what about yeah my husband my husband yeah but again that makes sense when the call is that you were in the car getting kind of animated you're allowed to be upset you're allowed to be animated there's nothing illegal about that you know what I mean huh can I call my husband now like I mean it would be hard to talk on the phone while I'm trying to check know and can you give us a few minutes yeah all right um are you wanting me to do a filth sobriety well just I'll just blow for you I mean I'm zero I can't but hold on first off I can't legally do that okay second of off there's a lot of things that don't just show up on a breath test and right now I'm asking to check your eyes checking your eyes is to determine whether or not you might have been drinking alcohol and any chemical substances so okay I'm sorry I was upset you're allowed to be upset this is so embarrassing um can you stand right here in front of me yeah sure sorry over here no right here yep and then put both your feet together like this like sure I'm th your sides okay all right look straight ahead at me try to keep your head straight I'm going to get close to you I'm not going to touch you can you see St my pen right here all right all I want you to do is keep your head still B to my pen with your eyes and your eyes only so you are wanting me to do it fil so briy that's what I just explained to you ma'am I'm just clarifying y so when I say I'm checking your eyes to determine if you've consumed alcohol or chemical substances that's what it fil spry exercis is for this is one of several I can do so that yes that's that's what I'm doing just all right with Ms you have imbalance problems I know that so that's why I was like that's why I'm asking to check your eyes right because that doesn't have anything to do with your balance swear to God I'm so I swear I was just okay can you look straight ahead at me keep your head still look right here at my pen straighten your head out though till your till your till look straight ahead mhm don't lift your head up like this cuz then I can't see your eyes but just your eyes look up in the top of my pen keep your head still fall to my pen with your eyes and your eyes only why you keep your head still all right see where you're at keep your head still what I want you to do is I'm going to have you close your eyes we're just going to sit here for a few seconds I want you to keep your head still keep your eyes closed and then when I tell you to open them I want you to open them and just look straight at me okay keep my eyes closed close your eyes just keep them closed until I tell you to open them okay so keep your eyes closed and I'll let you know when to open them I'm h look straight ahead at my finger nope look straight ahead at my finger sorry all right just going to relax right here for a second just hang tight right there for a second just hanging out up pleas we're hanging out right now okay no oh I'm sorry it's hanging out right here know it's a load of question Al together about with my military experience I'd say 9 years not 10 years do you like theice I do yeah my dad was in the Army for a long time he did the um he was in the Korean War and then Vietnam but he didn't fight in Vietnam he in Korean what did he do if you don't let me ask him um he was um a foot soldier at first and he did all the way up to colel and then he retired but I came on was late bab so I swear to God I haven't done anything y'all make me nervous I've been arrested before I got my [ __ ] straight I was got have you ever been arrested for DUI before yes how long ago um I had had what's that I had uh DUI in 2008 and then um 2020 what happened with those what do you mean like are they they still done 2020 I got the analog off I was comping are they were they I blue0 were they conviction did did they no they convicted me yeah did they ask you for urine um because of my first DUI um I was told not to I didn't build sobriety just that I hadap in my head and I'm really scared well I'm just I'm just trying to kind of understand how you got two conviction balance I was like I was like concerned about my balance because so so let me so cuz I'm like I said we're we're try we're fact finders right we're trying to figure out I be very brutal honest with you did you refuse to provide urine on both of those DUIs no the first one I was intoxicated I was not driving I was in parking so the second one you refused because you were told B off the first one and um the first one I was in a parking lot and I had my purse and the officer was in Newport Richie he showed up there was an altercation between two people and I went and I was talking to him and I was intoxicated and and hands down said I was um I didn't think I could DUI um but because you were in your vehicle and all that stuff no I never got in my vehicle I had my first um but I was probably a smart ass to him when he said something about I don't know probably because uh I was definitely inated have you have you had trouble with um neonics in the past no that was in 2008 okay um my niece's no my niece's wedding was in 20 4 I had a glass of champagne like I don't drink stuff have you have you been in trouble for Narcotics before I'm guessing that's a yes yeah but that's what I'm saying I CH straight my life when was when was the last time oh my God 3 years years now two September what was your what was your drug of choice sir I don't want to I don't want to assume but these like I said these are these things help us kind of I got was stupid cuz I didn't do that so my drug Choice was cocaine but I always had what was the last time you did a narcotic like I said it's we're not I'm not trying to arrest you for using a narcotic no no September 25th was 2 years ago so did you snort it or did you did you smoke it did you snort it yeah uh snorted it I didn't know you could smoke it I mean it's crack but oh oh yeah no it's just the other form sir yeah no um I went to Etc I successfully graduated I went to Dr for my mist is hanging right there my husband have you ever used have you ever used meth or not I have have a rest record with that but I would never go hi and I buy it no cocaine was my brother Choice briefly have you ever done math no I never said give me math no no well I'm not asking if you've ever asked for it but have you have you taken a substance that you may have believed was cocaine but it wasn't cocaine uh I think I did a substance I thought was cocaine and had MDMA in it ah but that was a long time ago yeah yeah and how did you take that did you inject that did you sp smoke that did you snort that I swallowed it swallowed it was it like a pill or a my drug habit was very brief I was attacked at work and and um I could not I didn't want to sleep and so I did Caine to stay awake cuz I had PTSD and um it [ __ ] my family up it [ __ ] me up excuse my mouth and um I wanted help and they gave me help so I got help so so let me ask you this can um can I see like your arms like how mine are can you roll your sleeves up nothing you can lean up against the car sorry I'm sorry then just just put both of your sleeves up if you can no no that's old how old is that 2 years I have not touched anything so what did you use to inject oh Bri a hair and I went to jail I did it from October to February no hey I snorted it and then I injected it and you snorted it and then you injected it I started snorting it I got in a low spot like my husband can do drugs he doesn't and why he stood by me I'm so thankful when was when was the last time you use hair when snorting it or injecting it uh oh God that's before um that would be January 9th 20121 so about 3 years ago yeah I don't dos I never I had a good family gr I never [ __ ] for none of that stuff I was a nurse for a long time real estate L like my ass just hang out inside your vehicle it's fine all right ma'am can you come back over here yes ma'am where do you want it's right in front of me you can follow me home my husband come get me Uber whatever whatever you want me to do do you still leave on Havana yes ma'am and I go to na have a sponsor her name what do you go to na for um my cocaine addiction and I had a brief stamp when her was very brief I went to jail and thank God it got me off the B What state were you B in Florida how' you used to ingest your cooking and heroin I snorted it um and going to inject it when you injected it was it in your arms yes can I see your arms all right what about the upper elbows oh sorry it's old man you're it's I know but that's why I'm trying to see and you're you're you're moving so exess I was pulling it up but that's yeah it's old when's the last time you used some any drugs e 2 years ago I went to Etc I lived there for 7even months I stayed extra got off probation um I did the damn thing I went to WestCare for 10 months I graduated from there I mean like I I want to be sober so I was not most people want cing here no but I I'm saying I'm doing it okay well here's I'm just going to be straight with you okay there are signs of impairment that this officer and myself have observed from you that are not consistent with just issues with the medical issues we talked about if my position wouldn't you be nervous 100% explain my my I would understand being nervous some of the things that are you're exhibiting you have zero control over so whether or not it's your nerves or not is not going to control it okay I am conducting a DUI investigation I'm going to give you the opportunity to cooperate with that investigation but I'm letting you know what's going on and I'm you can tell me what you want to tell me but I'm also telling you what's going on and why I'm doing it okay so because I'm conducting a criminal investigation I'm going to raise your rights to you and then I'll give you an opportunity to answer some questions conduct some fiety exercises and then we'll go from there so understand you do have the right to remain silent anything you say canot be used against you in a court of law you have the right to talk to a lawyer and have him present with you while you're being questioned if you cannot afford to hire a loyal want to be appointed to represent you before any questioning if you wish you can de set at anytime next these rights any questions or make any statements do you understand each of those rights out of my truck you ma'am do you understand each of those rights that I just explained to you having your rights in mind you want to have a conversation to speak with me expensive that is I mean I work my ass off that yes I I do I do I'm not talking with you I'm just explaining this but I before I talk with you or go further I have to ask your whether or not you're wanting to invoke one of your rights or whether or not you're willing to wave your rights and speak to me I don't even know what all my rights are but I'm speaking to okay the ones that I just explained to you do you want me to read them to you again no ma'am I'm I'm trying to be compl understanding what you're saying so I get that but this is even going on ma'am I need to try to focus oh my God okay because when you say I don't I don't know what my rights are and I just read them to you and asked you if you understood them that's where the issue is Right mhm okay so do you understand that you have the rights for being silent yes or no yes I I understand what you're saying don't have to I am going to because I have to all right anything you say can will be used against you in a court of law do you understand that yes or no yes you have the right to talk to a lawyer and have him present with you while you being questioned do you understand that yes if you cannot afford to hire a lawyer one will be appointed to represent you before any questioning if you wish do you understand that yes or no yes ma'am you can decide at any time next say he rights not questions or make any statements you understand that okay having those rights in mind that I read to you are you still willing to speak with me and have a conversation okay are you willing to cooperate with conducting the rest of the fil spry exercises is it yes yes okay can not believe this is happening all right so other than the medical issues we discussed you have any other physical instabilities or injuries um I have back in my neck what's wrong with your back and your neck I disc in my neck and then I have um cut in my back and L1 L2 herniation it's all documented they did the set injections they want to do surgery on my neck but I don't want it okay so are you able to walk normally day to day are you still working no I'm on filed for disability you filed for disability okay that when did you file for disability um like 8 months ago okay and you haven't heard anything back on that I'm sure I'll get it that's not what I asked you no I'm that's what I've heard I have an attorney involved and my attorney and have you heard anything like have you filed for like a handicap placards or anything like that no I'm not yet I didn't know I'm supposed to all right so I'm going to do a couple of alternative exercises with you since you're telling me that you have herniated discs and all this and that you would to be able to normally walk I do walk I had a procedure in the past and I had to have Staples in my head that DUI the second one I did the field sobriety but I my balance was off a little bit and I was sober I blue0 I had stap do you understand that sober doesn't mean that you have no alcohol in your system I mean I'm telling you I was sober that day ma' okay I'm not here to discuss whatever happens but no listen to me what I'm telling you when we we talk about DUI I'm not talking about just alcohol I understand that I know you're talking about everything and I'm talking about sober I have been so since September 25th okay okay but you need to get back on track because youve got very far from that you're telling me you can walk you said I couldn't walk I'm trying to give you the opportunity to build build variety exercises yes ma'am that includes walking a line that includes standing on one leg are you normally day to day physically able to do that no then that's why I'm trying to talk to you and tell you that I will give you some alternative exercises what is your highest level of Education bachelor's degree bachelor's degree is can you keep your hands out of your pockets please yes is English your first language yes ma'am okay perfect I need you to come a little bit closer to me come over here stand right there and I'm going to give you the instructions I'm going to demonstrate the exercise for you right now what I need you to do put both your feet together side by side like this like put your feet together side by side relax your arms down your sides watch me for instructions don't do it yet when I tell you to I'm going to tilt your tell you to tilt your head all the way back close your eyes as far as you can you've been tilting your head and be popping around the whole time I'm standing here with you so you giving me the dirty look like you can't put your head back listen to the instructions that I'm giving you first and if you're physically uncapable of doing that then we can have a conversation about it okay right now I want you to keep your arms down to your sides keep your feet the way that they are and watch me for instructions it doesn't have to be all the way back as far back as you can comfortably without being in pain okay so when I tell you to I want you to tilt your head back close your eyes keep your head tilted back your eyes closed the entire time when your head's tilted back and your eyes are closed I'll give you Direction I'll say left or I'll say right if I say left I want you to take your left and next finger touch you very tip of your finger very TI of your nose and then return your arm back down to your side without me telling you to do so and then just wait for further instructions and without your you're looking everywhere but where I'm showing you how to do okay but over there watching over there is not going to show you what to do okay so again if I say right I want you to take your right index finger now your eyes are closed and you'll have no idea what's going on no I want you to take your right index finger all I want you to do is watch me I'm giving you everything you need to do so if I say right take your right index finger touch the very top of your finger the very tip of your nose and turn your arm back down to your side without me telling you to do so and wait for further instructions only use your next finger no other finger other than your index finger when I say the tip of your finger it's really the nail and the skin meat not the pad or the knuckle or anywhere else on your finger when I say the tip of your nose it's the very tip of your nose not your nostrils not the bridge of your nose or anywhere else on your face you understand those instructions do you have any questions about those instructions all right go ahead and close your eyes til your head back I'm so nervous left [Applause] right remember turn your back down to your side without me telling you do so and wait for further instructions breathe I'm sorry I'm nervous left cry right right left go and open your eyes stay in the position that you're in going to give you instructions again staying in the position that you're in when I tell you to I'm going to have you put your head back close your eyes just like the last time okay when I tell you to begin I want you to say your English alphabet forwards from A to Z I want you to sing it don't Ry it I need to hear each letter clearly and concisely so it should sound something like this A B C D and so forth until you get to Z do you understand those instructions yes ma'am do you have any questions about those instructions no all right arms down your sides put your head back eyes closed you may begin a b c d e f g h i j k l m n o p q r s t u v w x y z goad and open your eyes relax for a second going to do one more with you it's very similar to one you just did trp on your sides all right this time when I tell you to til your head back and close your eyes wait until I tell you to begin when I tell you to begin I want you to estimate the passage of 30 seconds when you feel 30 seconds has a lasts put your head forward open your eyes and tell me stop okay do you understand those instructions yes do you have any questions about those instructions arms down to your side put your head back close your eyes start stop and you said you haven't done anything in uh some September what is the uh what looks like little blood spots on your pants Oh that's garage it's been there it's what it's been there okay that's orange that was an ice cream all right so you don't have any needles any drugs anything on you whatsoever that was a question no no all right what about in the truck that was again a question needles or drugs on you or in the truck good work okay so you mind if we check you where you want me to go right there relax for a second hands down Y no I appreciate you following instructions that's it's good start right and then like I said the last question was anything in the truck you said no here I'm going to help you I'm going to help you fix it fix that that's I got you I know not that you know of no no I no so like do you have a purse and a wallet yeah okay so anything the purse and the wallet no okay do you mind if I check real quick so we can clear some of this up was that a yes I can yes okay understood if you have Chapstick I can get for you if I find it I'll I'll get you some okay he's going to look for the Chapstick you have to go no well in case I do have to go um we do we do kind of two different things and so in case I have to go that way he's still here with you and actually also it's because it's his call and I don't want to step on his toes and was your call well it's my call if it's DUI it's his call for everything else so it's kind kind of a you know we kind of play off of each other you know I have a concern yeah well a concern for him just me and him I guess I don't know all right well he'll be back over here in a minute if you want to yeah further I mean I'm sure he's going to have some questions for you well I mean he's do you have anything in there he needs to ask you about then you might have some questions for you I'm gonna B base that off of your silence that there's doesn't matter you're gonna need M anyways I'm gonna what you're need M anyways I charge well I mean here's the question I don't understand how hard it work for this if you're by yourself and you and you have something that is illegal in your property like a purse or a wallet that's going to be hard to explain how that's not yours you can't say somebody told you to shove it in there P my wallet yeah your p I stop okay so I'm I'm confused on what you're saying you should be charged the cold F ask me to gr W it's just a big bag I said sure what is it I gave her a ride to work and I he's went to CVS and came here and where did you put that you didn't throw the bag out no I was going to go home and throw it in the trash and where did you put the bagard it's it's just a bag I don't know okay I is it where did you put it huh where did you put it um it's in the Schoolboard okay so it's not in your purse no no is there does she does do drugs yes she does okay so why are you hanging out with people that does drugs if you're an NA because of your prior drug arrests do you see why I'm pretty sure your sponsor would tell you not to do that oh purse is loaded no my purse is not there's nothing in it he'll ask you about it and like give you an opportunity to talk nothing in my [ __ ] purse nothing that I missed on you cuz just so you know if you take it with you it's a felony nothing that I missed on you that's the only thing I'm concerned about right now he'll ask you everything else in he ask I can piss clean for you I don't need that I'm just telling you I'm not arresting you for DUI ma'am that's a good thing cuz that would be another ISS horrible yeah it would okay you're going to have it do you want me to redo theer I'm pretty confident and that I mean I can't go like in the got you um promise there's do you mind hanging out with her in your car I won't go anywhere cuz I still have to continue yeah no I know I know do you have an in car though okay yeah I'll hang out with her in your car and then that way once you're done that way well I'll probably call for a Road Unit to come since I'm not doing anything perfect okay I'm going to have you come have a seat and if I can find some chapstick I'll try to help you out okay and just let you know I checked my car before and after anybody is inside of it so anything left inside is you okay we're coming over here I don't I know I'm just letting you know go slow have a seat you want seat Bel on too oh no okay that's why I'm holding on to you she supposed to so bro well I went you were very adant that it was in a bag that's not in your purse and he's saying he found a bunch of stuff in your purse no no there was a black bag and a bunch of bags tied up he could say no but I'm telling you he's going to come talk to you in a minute okay I'm not going to ask you about it he I didn't I didn't find it he did so my wallet we'll grab your wallet for you it's a juicy Kor purse that's my purse okay hang tight um so while you were matters I guess I don't even get that um while you were getting ready to search she's like I have something to discuss and I said with him or me and she said with him and I said well he'll be back in a second she started saying she said that A friend gave her a big bag that um to throw away she didn't throw it away but it's not in her purse there's nothing in her purse she doesn't know what's in the bag and the bag is a small black bag on the passenger floorboard okay and she she said that that friend is a drug addict okay um and I said you'll have more questions for her about whatever was found in the purse cuz she says there's nothing in her purse so I'm not going toy about it but I can tell you that it's cuz I'm relaying it to you cuz she asked about like gu she said last time she was old if she worked with us they would let her go tonight so that's never been an option and and she goes while I turned it down I said if you ever want to if you're telling me you want that option to talk to somebody I said I will let the other option so the bag that she said her friend gave her that was to throw things away is matches absolutely everything that was in her purse yep so so you notice by the way when she kept trying to show me the track marks that were old you only lift up to here and would be like but then when I made her lift her up more you can see more recent ones up higher don't know how to cap that sorry I'm sorry I realize you're leaning on that that's okay so obviously you're in custody um you were read your Miranda Rights by Officer um officer Silverstein would you like me to re advise you of your Miranda Rights no sir okay with what officer Silverstein said with your rights in mind do you wish to talk to me about what I found yeah you can talk to okay so I took over the search for officer silver scene um I was going through your purse pulled out your wallet everything has your name on it has your old id has your old CCW on it and then the center where you typically coins two plastic baggies with a crystall likee substance I'm have a test kit I'm going to test it but what is it going to come out to be um I would say meth and which obviously I continued the search and I found you know the Naran and all that stuff which goes in line I was caring just smart but um however I I I understand I get it trust me I do our our job is not necessarily to you know it's it's freaking drugs it's an addiction I understand okay but you still shouldn't drive fortunately you know you're not going to get charged with that b DUI but God uh now I know you uh officer Sil mentioned something what the best I can do I swear to God I don't drink I have not drink I got you but like like we explained it's more than just drinking I know you know that I don't lie so sit up yeah you're fine um so like uh if if you actually no I'm not that's why I'm trying to be as delic awkward no you're good I only do this to the people that don't give me trouble you still I wanted to tell you it look like it was mine anyway make sure so like I said uh let me go ahead and get all this stuff so you can get out and you can get bonded out all that stuff okay any questions for me uh it's going to be uh possession why they test I know I so I have no problem one I am going to take send the other one off because so technically it's two count right sub um I'm going to send one off to the L all right that comes back I'm going to add that to this case that prevents me having to charge you with so I'm still going to charge you with possession just are you still no me