but it was traveling I don't think that
fast but next to you know boom and then
it started rolling and it started kind
of Shifting and I was like okay I saw it
shift this way and then it went I don't
know it started going straight it kept
trying to push itself and I don't know
if it's on this side or the other side
what happened so can you guys go help go
help him out please cuz are you talking
about on the bridge yeah it's on the
bridge okay
[Music]
this is from the yeah that looks like
from the car
yeah ho [ __ ] I'll R and get back to
un 11
and another
43
cool you can put it there it's not going
to do anything ready yeah all right this
is Officer Lopez he's going to talk to
about the crash so we have you you left
a piece of your car where you hit the uh
the light pole okay um your car has
pretty heavy damage looks like you hit a
light pole so we got to talk about it
and I smell some alcohol coming from the
car and there's some open containers
right there so we got to talk about that
okay okay okay step out the car so he
can talk with you okay
go over there can you come this way
man ad Frank Henry Adam 51 so where were
you at or where you coming
from um do you
remember I mean I don't
know so we have where where's my where's
my brother honestly your brother yeah I
don't know I'm I'm just talking to you I
don't know your brother is here or not
uh where were you so we have a uh what
do you call it somebody that was sitting
near the exit of University and uh exit
one mhm so they heard your vehicle you
know kind of screeching you're were
going kind of fast they screeching and
then all of a sudden it just they heard
a loud bang and that's when I I believe
when your car hit H the the light pole
they heard yeah uh they saw your vehicle
kind of just going down the road on
University
West um yeah and they heard you hit the
light pole like I said um we saw the
light pole in the middle of the street
we had to pick it up and then called out
um the the city for it so can you just
tell me where you were coming from do
you remember where you were at when you
were
I mean were you
driving I mean honestly I didn't know
that you can hear a car I mean like type
of modeling car but I mean well they
never said a model or car they just
heard you hit the light
pole it was a pretty loud bang
where were you tonight that you
were driving
around were you with anybody
else I'll have a be6 area
univers where you by yourself
ma'am do you remember where you were
coming from or if you were with
anybody do you have an idea on
you
okay all right are you willing to do
standard field sobriety
tests I mean I don't even have my ID on
me so 30 okay so what's going on is that
on University mhm okay and triv area you
struck live okay your vehicle okay is
this your vehicle this my vehicle but
okay so hold on this is your vehicle
correct you manage this vehicle you're
the register Doner right does anybody
else have access to your vehicle
I mean it's a keyless vehicle so I I you
also text your brother that you were
scared and where you were right after
the right after the crash so I already
talked to him all we're trying to figure
out is you appear to be under the
influence and we're we've been looking
for this car for a bit because you left
a piece of your car over there at the
crash so the officer's asking if you'd
be willing to do some field toiy test
your ID is right there on the bottom on
the the floorboard can I grab
that on the in the back seat it's right
there can I grab it it's in the back
seat yeah yes can I grab
it I mean
sure so what the officer is asking is
that do you consent to do in the
standardized field Sur
test I mean if I was in the back seat
How would how am I being okay just based
off the totality of the circumstances
that we have based off the text messages
you sent to your brothers okay the right
near to the piece of your car was
located at the scene okay this is the
vehicle okay so we're not going to play
that game where we go around and around
okay this is the vehicle that you were
operating
correct I mean that I drive around yeah
okay that you
operate so do you consent to doing the
stat standz Fields priy test is what
we're
asking okay there's alcohol inside your
vehicle you smell like an order an
alcoholic beverage okay so right now we
have what's called Reasonable Suspicion
So based off the totality we're asking
you if you want to consent to the
standardized field PR
we just need a yes a verbal yes or a no
no no
okay can you put your hands behind your
back then why am I being
arrested if I said no again you smell
like M of alcohol you have two open
containers you fled the scene of an
accident also how do you know it was me
though I was in the back again we have
the side mirror right there so we found
that at the accident okay we came back
this this uh officer found it or found
your vehicle we put that on that on your
uh side view mirror and it fit perfectly
copy
understand still there
can start walking this way do you have a
phone or anything in the car that you
want to take with you to the detention
center it's in your pocket I don't have
anything with me do you have your phone
though is it in the vehicle no I don't I
mean it whatever was in the back seat I
can I can we just leave everything with
your
brother is that
okay I mean if can he be responsible for
this stuff in here I mean you called him
over here so if if he can be responsible
for it it would you know expedite us
getting you out of
here but that's the thing I was in the
backseat of the car what why am I
getting arrested though 11:43
11:44 can you go to three okay can you
just walk this way
then you on
three affirmative you
8 yeah from
please I'm coming
from I'm
D 1804
[Music]
wyomi all right I'm going to read you
something
okay I just need you to listen
honestly you what honestly I don't even
know why I'm being read my rights I I
you're not being read your rights yet
okay this is uh the implied consent
advisory it would just be for the breath
test or for the breathalyzer why would I
was in the back
seat okay so I'm going to tell you
again somebody saw your vehicle my
vehicle not me not me person okay but
you did you drive the vehicle tonight
yeah but that doesn't mean I was driving
back what do you mean that doesn't mean
I was driving back driving back from
where from wherever I was I called so
who drove your vehicle you said that my
brother you said that my brother was
driving I didn't say anything yes the
officer said the other officer said that
my brother was the other officer said
that your brother you texted your no
that you texted your brother that you
were scared and if he can meet you here
no okay I just need you to listen okay
okay listen to me I'm about to tell you
something important you're under arrest
for DWI 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 test you have
the right to choose an additional
independent test if you choose to take
this additional independent test you
have the right to a reasonable
opportunity to arrange for a physician a
licensed nurse or a laboratory
technician or technologist who is
employed by hospital or physician of
your own choice to perform an additional
chemical test the cost of this
additional test will will be paid by the
law enforcement agency do you agree to
take our
test do you agree to take our
test a yes or
no I need a yes or
no a verbal yes or no
do you agree to take our test yes or
no no cuz honestly no no no 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 so just because I refuse so
if I if I do what if you do just take
the breath test and then we'll go from
there we have to do the paperwork still
and take you to the Detention Center
I'll have to take you to the hospital
too because you're involved in a crash
so if I say yes that's what would happen
yes if you say yes you could take the
test if you want to still say no then
that's your
choice do you need me to repeat it again
for if you say no
okay I'll read it one more time and then
just tell me yes or no if you want to
continue so cannot force you to take our
test but if you refuse you will lose
your New Mexico driver's license or
non-resident operative operating
privilege for one year if you are
convicted in court of driving well under
the influence you may also receive a
greater sentence because you refuse to
be tested do you
understand hold on
turn so again just a verbal yes or
no it's definely I need a verbal yes or
[Music]
no step do you have any questions
honestly I just want to go home I don't
even want to get I don't even know why
I'm in hcff honestly I really don't so
you're in handcuffs cuz you're being
arrested for driving while under the
under the influence why okay I wasn't
even in the back I wasn't even in the
driver's seat okay that's something we
don't argue here okay that's something
we can argue in court so what the
officer here is asking you is if you
consent to your to the implied consent
Act
which is the breath test
advisory okay for that we do need a
verbal yes or no you have every right
it's consent again if you answer no then
the um if you get convicted in court you
possibly lose your driver
license and it's a greater
sentence if you are convicted in court
okay if you want to do that you want to
yes or honestly you're making it seem
like it sounds like a lose lose because
like I said I was in the back
seat we just need a yes or no ma that's
all we
need
okay you don't say anything we're just
going to take your silence as a
not hold on
honestly I'm just thinking about how
cold it is I'm not even thinking about
it I'm freaking cold okay so I'm just
going to read this give me a few like a
few minutes cuz I'm like freezing it's
cold out
here all right well you're
right your right to remain to speak to
an attorney or remain silent does not
apply to the requirement of the New
Mexico law that you take a breath test
do you agree to be tested
[Music]
okay do you want to talk to your mom
yeah honestly I I want okay you can send
her I got the
light step
hey baby where were you
don't yeah you
okay I was on the back seat
mom I was in the back
seat
okay I love you we'll get you out of
there really quick
okay Mom I don't even know why I'm here
like honestly I don't know why I'm here
I was literally
Sergeant told you why she was in the car
right or what she's being charged with
yeah did you guys see her do that or
what's up so she was in the back seat
we'll talk to you a little bit uh
separately we're not going to the of the
case here on the side of the road want
to talk to her for a few more minutes
you can otherwise they have paperwork
that they have to do and they're going
to take her okay sounds good I love you
okay I don't even know why I'm back here
I wasn't even in the freaking driver
seat I was in the back seat
okay guys done okay you can take okay
I'm going to take her to MMC
okay all right man' you can step out do
we have to go yeah we have to get you
medically cleared cuz you're in an
you're involved in an accident so we
have to get you
cleared before we're able to do anything
else
you have somebody on 1121 trying to
call uh let me Che
we'll just keep going this
way I'm we go all the way down there
should be some chairs at the end of the
hallway and you'll just sit in
just choose one of those right
[Music]
there uh were you wearing your seat Bel
at the time of the crash I was in the
back seat um how fast were you going do
you know I was in the back seat well do
you know how fast the car was going I
was in the back seat
uh unknown for both of
them yes sir so we had found her what we
initially responded to was a crash uh we
got there it's right here on University
and exit one thank you um the light she
hit the light pole but she fled the
scene so we didn't we weren't able to
locate her right away um we saw the
vehicle and then we just kind of just
brought her for clearance cuz Okay so
you found her running out somewhere else
yeah she was at uh 1804 Wyoming at the
apartment complex okay okay uhhuh
yep thank you guys you too all right you
ready just going to go back out this
way all right do you have any questions
before you're released
DC
9 How likely it would be
that I wait till
Monday I think that's pretty much it I
don't know she said that probably until
tomorrow yeah sometimes they'll see you
sometimes they'll do it today as well or
sometimes they'll do it on Sunday but if
not you'll have to wait till Monday so
you then considering that Monday is a
holiday Monday's a
holiday on Monday
yeah
um yeah if not then it it'll be
Tuesday but it'll be first thing in the
morning
so more than likely though you'll see
somebody either today or tomorrow it
just depends on the judge
[Music]