all right
he's right here
hi I'm officer Fernandez yeah I know
listen to my body cameras audio I'm
getting recording no no no no no no I
just angels huh
nah as you say I know I just want your
camera though I'll be over here you
watch the what I'm sorry I can't hear
you no Sam I'm here okay what is there a
reason you're parked right here
on my way home okay where do you live at
it says
okay do you have your driver's license
with you and insurance
where are you coming from
on my way home where were you before
that
just on my way home from like Belmont
okay what are we doing out there
nothing you know just on my way home
okay have you been drinking no
okay do you take anything today
no I was gonna ask you again until
that's awesome
so the reason we're here is because I
mean you're sad
parked the wrong way with the door wide
open
and passed out I'm like five minutes
from my house
okay but you understand how we found you
right no I'm sorry I was just trying to
get on my way home okay I just got the
car I just got like
the when I just play registration on my
name okay and is your name Kimberly yeah
okay
okay
I just gotta get your license here let's
start with that okay
okay well I I do need your license okay
your money
you have your license right there yeah
that's what I'm saying like I'm sorry
like
I just fell fell in the seat like over
there yeah it's on the side like I have
my like I stayed down the street and I'm
not no [ __ ] I'm not trying to sell
weed I'm not
like nothing illegal okay well I'm just
asking because
yeah you passed out in the car okay
it's not enough pasta
with the door wide open
not possible
it fell in between
I'm not passed out I was trying to get
my stuff
but I'm gonna press the also actually
trying to get my stuff but then when I
see you guys I like got nervous but this
is my stuff this is my ID okay this is
actually my license okay I just got
nervous and stuff but I stayed like uh
right after that okay
well do me a favor step out of the car
we're gonna do some tests to make sure
you're okay to drive okay
we need to make sure that you're okay to
drive
stand but I need you to step out of the
car
do me a favor step back here
well do you want to do some tests to
prove that you're okay
I'm okay please just let me go I can't
let you drive the way I'll do whatever
please just let me go please okay are
you gonna do the test yes I'm okay okay
then do me a favor stand right here okay
keep your hands out of your pockets okay
keep them by your side and your feet
together okay okay I'm gonna read you
instructions if you have questions you
let me know don't do that okay are you
gonna do them or no
I mean yeah I'm taking off my car floor
we're not taking over anything right now
stand right here miss are you gonna do
the test or not okay ain't no lashes
it's a yes or no we're not gonna argue
about it
okay stop stop you're not getting back
in the car okay
please are we doing the test or not okay
we can't do the test but I just I'm
downstairs from my house okay then we're
gonna stop talking about that okay we're
gonna get this done okay okay all right
you have any eye problems or
abnormalities no ma'am are you wearing
contacts no how is your General Health
I'm good okay so keep your feet together
Your Hands by your side just like this
keep your head still and I want you to
follow the tip of my finger with your
eyes and your eyes only okay okay
um I'm gonna keep doing so until I tell
you to stop do you understand
do you understand yes ma'am okay all
right yes
the singles yes I see it okay you gotta
stop over your head though just your
eyes
home right now sleeping I see you hey
your hands are going so slow in front of
me okay that's the test though okay okay
yes ma'am I see you I just wanna go oh
okay we're almost done with this one all
right that's right
all right I'm gonna do
another one so we're gonna stand on the
line right here this crack will work yes
yeah
do you have any physical problems or
disabilities yes no I stay down the
street it's a yes or no no I do not okay
all right so you're gonna place your
left foot on the line
place your right foot in front of your
left foot touching Heel To Toe I want
you to stand like that and hold your
hands by your side while I give you
instructions so hold this position the
entire time
do you understand of course okay
so maintain this position until I've
completed the instructions do not start
until I tell you to do so do you
understand
when I say begin you're going to take
nine Heel To Toe steps on the line
you're going to turn around and take
nine Heel To Toe steps back on the line
make sure you turn by keeping your front
foot on the line and turn by taking
several small steps around with the
other foot
I'll demonstrate it
so you're going to start here you're
going to count one two three up to nine
you're gonna take several small steps
and turn around and repeat the same
thing Heel To Toe count one to each step
one through nine don't worry what
do you want me to read the instructions
one more time
what this is a city example what so
maintenance I need you to stay like this
and take nine Heel To Toe steps coming
back
as you're walking keep your hands at
your sides watch your feet and count
your steps out loud oh please once you
start walking don't start until you've
completed the test do you understand yes
I'm trying to understand but I'm trying
to go home at the same time keep that
position and you can begin and count
your your first step is one okay
foreign
Heel To Toe steps foreign
okay we're gonna do one last one all
right
yes
all right place your feet together and
your arms at your sides do not do
anything else until I tell you to do so
okay you understand yes all right when I
tell you two you're gonna raise either
foot left or right whichever one you
choose approximately six inches off the
ground
keep your raised foot parallel to the
ground keep both legs straight and
you're gonna count out loud
1001 1002 1003 until I tell you to stop
okay whichever foot you pick raise it up
Hands by your side look at your foot
it's not I just showed you 1001 1002
until I tell you to stop I'm tired you
don't know what I do for work okay I
need your hands out of your pockets
whenever you're ready you can begin
your foot's got to be out in front of
you parallel to the ground
raise it up a lot It's gotta be six
inches off the ground
and you gotta count
Ries
2009
610
Johnson 11
2012. this wasn't it
kind of like a break please
stop thank you
home
[Music]
I got one more option for this is
optional okay
I'm down the street what
I'm sorry I'm doing nothing wrong
not yet what you got to keep your hands
on your pockets
literally down the street
I've been doing quite makeup okay so you
gotta do one more thing I'll give you my
registration everything I literally got
the school so they went today and I'm on
my way home I'll give you all of that
today and I'm literally down the street
from my house yeah um the problem is you
didn't make it all the way there okay I
worked over here and you fell asleep in
your car
I've been here for the past 10-15
minutes
watching that car because I was working
another stop I was on my way home like
you bogus and you pulled over and went
to sleep that's not mine I didn't pull
over and went to sleep
so we're denying this right now
I like so listen I worked seven days a
week I'm gonna level with you and then
one day I didn't want to go okay
you seem highly intoxicated okay no it's
not even that I ain't even doing now oh
what did you do prior to this
from where from work or where are you
from
is that look no I did not work today
today
yes but but I'll try to get my call
registered and they said it closed at
two and nothing close that too I had to
go to the Christian exchange I had to
pay extra like I had to I've been there
before
the question is what did you do prior to
right now
were you without people you were friends
with family
you're gonna be drinking were you with
anything what were you doing I try to do
this
okay I tried to do this I was with some
people
but then I'm like I look at the time I'm
like
it's hard for me to go home but like
I got a good job I'm literally
industrial painting okay I'm not [ __ ]
around I got a good job
and I'm down the street from my house
I'm not drunk I'm not trying you know
where you are right now yes I'm like
freaking downtown I used to stay down
here in the freaking Studio
oh no I think this is like Davis or some
[ __ ] I don't know what it is yeah I
don't know what street I am exactly but
I know how to get home right if I go
here and I'm going to Roger Street like
I know how to get home because I used to
stay ever since I used to stay in spoken
but I'm literally an Emerson
in Overland yeah you were like five
minutes away
I'm not I'm not trying to get in trouble
where are you where are you coming from
man I have a freaking long day I have my
insurance immediately where'd you where
are you coming from prior to being here
right now
I came from the city
Chicago are you with anybody no
early I was
okay but that was probably like
not even three hours from now that's
probably like was like 12 hours from now
I wasn't even with no nobody I stopped
and get them some food because they were
sick and then I went home but I was not
with nobody like I'm literally
okay so you didn't you didn't drink you
didn't drink anything
you can check my cards okay so the
reason I asked is because you smell like
alcohol no I know like I know I probably
smell like weed and all type of [ __ ] but
no you can't check my car
whatever but I I
no I don't really consumed by finding
anything it's just that again everything
all the indicators are here that you had
a lot to drink prior to us seeing you
here no I don't know I'm actually ready
to go home I'm down the street from my
house and I'm ready to go home okay well
we'll have um
we'll have we'll have we'll have them do
the final yeah on this well that that
that depends on if we're gonna You're
Gonna Go
please I can't get my car taking please
I've been doing so good I got a career I
don't even know
you got home please
you know everybody cameras are on and US
approaching the car with you and it is
on that camera that's why I'm asking the
time frame
where were you a little while ago and
did you consume alcohol in the past five
hours or so what's going on okay
Kimberly here's the deal this is the
last test that we can do with the
preliminary breath test do you want to
blow into this okay let's step right
here behind the car
all right so when I tell you two you're
going to take a deep breath you're going
to hold it in for a moment all right and
blow subtly into the mouthpiece for as
long as you can okay are you ready
yeah so make sure you close your mouth
around the straw and blow a steady
breath of air take a deep breath in
you gotta blow okay
you gotta blow it into the straw
[Music]
s
I don't know you have to listen you have
to take it you have to take it okay no
no she could explain it to you she used
to take a deep breath
I I don't understand what you're saying
okay I'm wrong
like she's exposed she's exploited you
gotta listen to how she calls
if I'm going
to blow it wrong now I'm sorry can you
can you listen to me for a second please
okay you took a deep breath in okay and
when you boil you gotta
I am into that okay you got a little
heart into the thing
okay until it clicks and then you can
stop
put your phone away okay same thing just
like they said you gotta blow hard into
the straw
blah blah blah blow into it don't suck
in don't let me tell you and you're
sucking in you're not blowing into it
I'm gonna give you one more chance
and then that's it but you can't suck
air out of the thing you need to blow
into the tomb do you understand
all right are you gonna blow into at
this time
you need to put your phone away
do not remove your lips from the straw
when you okay
okay you ready
oh all right Kimberly we're doing this
put the phone away we're gonna
make sure you keep a seal oh hold on
what you say
you say what okay nothing okay you're
gonna put make a seal around the street
I'm so serious about this this is the
third this is the third one we're doing
that's what she's trying to explain to
you but you haven't performed it
correctly okay so that's what we're
telling you right you are going are you
playing this okay do you want to do it
or no I mean I'm not I'm confusing
nothing because I ain't doing nothing
wrong okay
and this will be the last try okay
like I'm really thirsty I need some
water
let's finish this real quick I'm really
thirsty like I can't breathe right I
can't I got some water not right this
second I'm really sorry and you're not
getting back in the car right now I mean
it's good but that's [ __ ] up
I mean if that's what I got to do that's
okay then let's do it go ahead oh my God
my lips are so actually that's so [ __ ]
up
this was so bad
man my lips is so dark
that's interesting last one
what do you want me to do just like
officer Lang explained you're gonna
close your mouth around the tube you're
gonna blow into it as hard as you can
okay until you hear it stop yeah you'll
hear it click okay
keep going keep going
three times I thought that has nothing
that has nothing that has nothing to do
with it we told you to take a deep
breath in and blow into the tube and
you're and you're arguing with us
[Music]
on your back
oh wow
wow
why are you arresting me for DUI okay I
don't have a DUI
okay let me blow again we've we've
already given you three chances okay so
you clearly you clearly can't follow it
you clearly can't follow directions
no test is over you can try again at the
station
are you serious I have another
opportunity to load the station
[Music]
is there anything in the car that you
need to come to the station
is there anything you want us to take
out of the carport
okay let's go to the car
s
um
please
can y'all give me a court date like
after that I'm gonna get a court date
right now we got to go through this okay
okay
I'm not doing nothing wrong I'm not a
Lego please give me a Food Bag you're
gonna get a course okay please don't
take me to jail right anything else on
you that shouldn't have no
[Music]
just you know the back camera is going
to be recording okay
that the back camera is going to be
recording okay
[Music]
thank you
[Music]