[Applause]
hello hi I'm officer news from the r of
police so the reason why I pulled you
over is one you made a lane change I'm
sorry and maret directionals and you're
kind of crooked is everything all right
yeah cuz I seen you kind of do like a
weird U-turn and then you were like
backing up too I know I'm sorry is
everything okay yes where are you coming
from I'm coming from like my um work
work you mind these back windows for me
yes just in case I know you probably
don't have anybody back here but yeah I
don't just want to make sure for my
safety all right you have your license
insurance
registration where you tell you work
from I work at Little Steps Little Steps
okay how long you had this vehicle for
oh I already got it actually this
weekend this weekend so the 8th of July
yeah
okay and
then shanto is the other question I
don't even know that's what I was going
to go over there at the car lot because
I don't even know what that means okay
cuz like they put that because like I I
was trying to go get another Insurance
because my insurance this
what it's
geoo yes and then like I was trying to
like get a a lower insance because like
it does show that that it was kind of
like it was kind of like a sorry it does
show that the insurance is gu C but just
sit tight from but like it was kind of
like expens expensive and I was trying
to get like a lower one but like they
were like who's the owner [ __ ] you're
going to hold on to this and then I'll
be right back okay just stay tight for
me all
right all
righta thank you so my question is are
you sure you're okay to drive yes you
sure yes cuz obviously you're not
driving I'm sorry it's cuzz like I just
already got this car so I'm trying to
get a hold of it yeah think of it well
it's pretty new car so I don't think
there should be too much to handle
unless you just learn how to drive but I
don't think you just learn how to drive
how long you been driving for it's been
a
while it's been a while well cuz I had
my
Honda it's been yeah I don't know okay
so my question is where did you say you
were coming from
I was coming from my brother's house I
going to go to work you from work no I
was coming from my brother's house
okay all
right have you had anything to drink or
anything like that that should be aware
of no
sure just like a little bit earlier what
time it was probably like around
5:00 5:00
yeah okay just sit tight for me okay uh
don't go anywhere all
right I so the reason I pulled over is
the one I see her do like a weird ass
U-turn right now uh she does a U-turn
and then she like I see her kind of like
start backing up in the middle of the
street and then she starts going forward
and then she does a lane change but he
doesn't Mark the directions on the right
here and so she enters all crooked so
she was like kind of on the left side
right here and then she goes in like
that all crooked that's I pull over
right and then I walked upst she kind of
nervous she she she was she was going to
stop right here and she kept pulling
up okay so I kind of have the little
smell like madebe possible alcohol but
it's kind of weird too cuz it can also
be what the makes a the carent yeah but
she did say to me that she did drink
earlier today about five so I just want
to make sure yeah I would say pull out
let I I don't know I don't know if you
want to do them though I don't feel well
that's why I'm help you I don't know if
you want to take I'm not in the mood for
need I can help you through
[Music]
it you mind just uh stepping up stepping
up from real
quick
you told me that you C me drink around
five yeah okay let's step over here real
quick not in the middle of the
street we'll come this way right over
here
so what time are you coming specifically
you start it was like around 5 or 6 okay
5:30 you just left your brothers yes how
long were you your brothers M I was not
there too long because my daughter was
like like get another brat whatever
we're going to go home so basically what
we're going to do now since we going to
make sure you're safe to drive home okay
okay you're not safe to drive home um
then we'll talk about that okay I'm
going to run you through some test all
right and we're going to we're going to
perform them the way okay so let stand
right over here I think this is the best
spot here before I start this test do
you have any possible problem like brain
injuries don't problem with your sight I
don't no okay so this first one is going
to be the obviously the finger test okay
you're going to follow my finger okay
okay so just look at my the tip of my
finger at all times and you're just
going to follow through with just with
your eyes so not move with your head
okay keep your eyes your head still and
then just move with your eyes only
[Applause]
okay
you have any leg injuries that should
know about I so you walk perfectly fine
nothing bothers you at all nothing yeah
all right I'm sorry oh that's fine so
what you going to do for me is are you
going to put your both hands to the side
both hands right here on your side all
the time hold my phone yeah cuz that's
going to be distracted I'm going to put
on the hood over okay that's fine keep
your hands right here on straight okay
and you're going keep your free together
at the moment okay so this one basically
you're going to perform is the Heel To
Toe test okay have you done the Heel To
Toe test no okay I'll explain to it for
you okay so what you're going to do is
stand in that position you're going to
sit like this mhm keep your hands on
your side all the times okay just keep
them what you're going to do is you're
going to have your foot and right in
front of it so go ahead and do that yeah
and you'll stay in that position okay no
not so I'll instruct to you to start oh
okay that I I'll instruct to you I'll
instruct to you how you're going to do
okay keep your hand hand straight and
then you want your that one foot in
front of it go ahead put your right foot
your other
foot so back up for me one one more
step back up
again hi take a step right here look how
my feet is Right foot's right in front
my left foot stay your hands like this
at all the times okay stay in that
position and until you're told to do
something else okay so what I'm going to
do is hold on hold on cuz that's going
to the trick triy
okay never done that okay I'm going to
keep your hands on your sides at all
times your hands on the sides over here
okay I mean there you go just in that
position stay in that position don't you
don't move until I tell you to do so so
get back to the position what's your
name brinda brinda okay so what he's
asking you to do is just so keep keep
your legs together keep your hands to
your side and then what you're going to
do is you're going to put your right leg
leg in front of your left um left foot
like this you should look exactly like
this keep your hands down to your side
do not move until he tells you to do so
this is the starting position you're
going to remain like this until he tells
you to um do something okay he's going
to explain the entire test to you and
then you'll start it okay so if you want
to put your right foot put your right
foot in front of your left foot and stay
like that and he'll explain the test to
you does that make sense stay in that
position don't move at all until I tell
you to do so okay you understand
everything we've instructed to do so far
okay okay yeah do you understand Brenda
I think so okay I never done this like
you're fine topic though like I'm not
expecting you to know it that's why
we're trying to explain it to you okay
so what you're going to do is you're
going to do nine Heel To Toe steps okay
and then at the end of the on the one of
the steps on your ninth step you're
going to do uh a series of small steps
of a turn Okay okay
so I I'll I'll show you here in a bit
okay so for instruction purposes I'm
going to only do three but you're going
to you're going to do nine okay okay so
get back in the position the starting
position keep your hands on the side
this starting position look where I'm at
look at me and then do there you go stay
like that until I tell you to do so okay
okay so like this and then you're going
to look down at your toes you're going
to count one one two three two okay
three and then you're going to take a
small series of steps like this keeping
this foot on the ground and then go back
and then go back the same way and go the
same not one two three okay so I
demonstrated three but you're going to
do nine okay okay so get back to that
position
[Applause]
remember the position I told you this
okay you have any other questions for me
no okay you ready go ahead and
[Applause]
start
2
3 6
7 and then who was it again
like
this and then go
ahead are you done with the
test was it like that though well if you
feel like you're done then I don't know
like I never done it so it's not pass or
fail all it is is just to a
determination to see where your
impairment that's all it is okay I just
didn't to know like if that's what it
has to do like I that's why that's why
we explained it to you so we explain
exactly how to do it before we have you
conduct the test we make sure you
understand the test and then we have you
do the test so we're going to continue
to the next test so okay all right so
next one's going to be you're going to
back in this position again mhm so hands
to your side keep them in there
okay and what you're going to do is
you're going to lift one foot up
whichever one that you decide doesn't
matter which foot it is you're going to
keep one leg up one leg down so what
you're going to do is you're going to
lift your leg up the one either de side
approximately 6 in off the ground you
know how much how much that is no so
it's possibly like the size of a soda
cap okay so you're going to just go off
legs straight okay arms arm Downs at all
times legs straight and you're going to
keep this leg straight as well which I
want you decide okay so you're going to
go like this you're going to look down
in your toe you're going to count 1
1,000 2 1,000 3 1,000 until I tell you
to stop okay don't start any of the
tests until you're instructed to do so
we want to make sure you're completely
understanding how to do the test so let
me finish explaining if you have any
questions afterwards then you can ask
okay there's nothing wrong with asking
okay so like I said St get back keep
back at your arms ins side okay and what
you're going to do is you're going to
lift whichever leg you decide to lift it
doesn't matter which one as long you has
one leg up you're going to keep one leg
straight the other leg straight and
you're going to keep it like this your
your toe pointed towards the ground and
you're going to count 1 to 1,000 2 1,000
3 1,000 while you're looking at your toe
until I tell you to stop okay okay so
now you feel like you're ready to
perform the test uh you have any
questions for me before I'm good okay
okay Brenda before you begin do you have
any problems balancing walking anything
like that no okay cool just makeing sure
before we have conducted okay all right
whenever you're ready wait hold up give
me one second please you have a 10 I'll
do the time um put your hands to your
side right no to your side like down to
your side like this the position that we
told you yeah everything's always going
to be like this cuz I don't know you're
good
[Applause]
tring you may we get when you're ready
okay
[Applause]
now
[Applause]
sorry
yeah you good yeah I'm good okay how
much what is that good all right you're
good you're good hold on okay give me a
quick favor okay yeah so you have
anything in your pockets no okay go do
me a stand by my unit real
quick your hands right behind your back
okay so you're going to go in for D
Under the Influence
okay you're being arrested right now for
driving the influence of intoxic drugs
obviously you've had too much drink you
should be operating a motor vehicle and
that comes off of the determination of
your field that we just obser and then
you're gr okay you have any questions
Brenda I don't have any questions but
like can I com I don't know
hey that's up to the case agent so if I
give you a chance to call somebody if
you need to call
okay pick up the vehicle you have
anybody that can not pick with the
vehicle now then I'm going to have to
call to a truck and I don't want to do
that
um I don't know my parents okay we'll in
the unit for the me
time right in there
okay Brenda I'm going to read you
something important okay all right
listen to me I'm about to tell you
something very important okay you are
under arrest for driving Under the
Influence intoxicated leakers or drugs
okay the New Mexico impli consent act
requires you to submit a breath test to
determine the alcohol content of your of
your blood after you take our test you
have the right to choose an additional
independent test okay if you choose to
take this additional uh independent test
you have the right to a reasonable
opportunity to arrange for physician a
licensed nurse or a laboratory uh
technician or technologist who is
employed by the hospital or physician of
your own choice to perform an additional
chemical test the cost of this
additional test will be paid by the law
enforcement agency do you agree to take
our test
what does that mean it's just the breath
test the breath life so like what so if
you it's up to you if you agree to take
the test or not the breath test is
basically just um it's to determine the
blood alcohol content the the alcohol
content in
blood your breath so like if I take it
what it just tells us how much you have
to drink that's all it does but like is
it going to like I don't
know all it is we're just asking if you
if you're going to submit to a breath
test so yes or
no I don't know like I don't know like
you say yes or no you have every right
to say no you every right to say yes but
like I don't know like what does it mean
again like so the breath test like he
said it determines the content of blood
that basically it just it's just it's
the cont going to do different things
different though huh like what is it
going to do like if I do it are you
asking the quences if you say no no like
I'm just saying like like if I do it
like so if you say yes you're going to
breathe into a breathalizer you have the
P if not then you don't oh I don't know
like it's up to you I can but like I
don't know like different though so I
just got to get an answer straight from
you if it's yes or
no I
mean no okay so
no so okay I cannot force you to take
our test but if you refuse you will lose
your Mexico driver's license or
nonresident operating privilege for one
year if you're if you are convicted in
court of driving while under the
influence you may also receive a greater
sense because you refuse to be tested do
you understand M okay and
then you have the right to speak to an
attorney or remain s does not apply to
this requirement in the Mexico uh law
that you take a bread test okay
I think that's your right okay so
knowing knowing that you will lose your
New Mexico driver's license and it will
be a greater charge do you still say no
for the bre test if you say no then
that's okay aggravated
DWI um no I like I want to lose it okay
then so you you will lose your New
Mexico driver's license and you will get
a aggravated DWI if you refuse to take
the breath test I rather just take it so
you'll take the breath test yes okay
that's that was that's all we had to ask
okay take sorry cuz I knew more
explanation for yeah that's what all it
does is just explains everything that's
that's exactly what will happen if you
refuse the breath test okay so but if
you take the breath test then we'll just
go off for your breakfast okay any other
questions before we get any okay um did
he call your parents for you
yet okay hold on so we we we'll try to
get your parents in outout so we
can give me that
phone Justin
[Applause]
daring what is your passcode it it
doesn't have a passcode
okay go ahead and just do
um who do I call um my my mom I guess um
go ahead and the contact contact yeah
contact s again s on this side this side
no the other side I'm sorry right there
you go do one again right there in the
phone
okay go to contact
and they go to my mom just on their mom
yeah my mama right there
okay she on Spanish do
Spanish but you can talk to her tell her
that I don't want to tell her you want
to tell her this only Spanish on
yeah you're going to get
scared
okay and I go to my dad your dad dad
Papa here Papa you
there what's his name Alberto Alberto
yeah be better once we get to the
video I have you at least come to the
and so me c behind your
back you got exit cuz they're probably
sleep already okay so who do you want me
to call
um call my brother and see if he's going
to what's your brother um it's
Alberto Albert
yeah yeah
okay are you just going to pick up my
car or what are going do so if yeah we
just need somebody to come pick
hey Albert um I got pulled over and
someone needs to come pick up my car
because I'm going to go to
jail yeah because I
was so this is Officer nunas from the r
of police uh so branda's going to jail
for driving under the influence and we
just need somebody to come pick up her
vehicle or else we're going to have to
tow it
fine good right here okay uh are you
going to be able to
comfort yeah okay so we're the car is
going to be at Union and First
Street okay so I have an officer waiting
out here for you if you can get here as
soon as possible so and not we're going
to have to call a tow truck if you take
too long okay okay how long is it going
to take you to get here not that long
they
live they live right
here minutes how much 30 minutes no or
not even that long cuz they're like they
they can get here if you can get here
sooner than 30 minutes that' be great
cuz I we have calls to attend to and I
have an officer that's going to stay out
with it okay sir like 10 15 yeah if you
can get here like in 15 minutes that' be
great if not we're going to call a tow
truck okay okay sir thank you all righty
then
back okay
ready okay deep breath low as hard as
you
can keep and I'll tell you when to
stop you're good okay again deep
breath there you go perfect keep going
keep going keep going keep going keep
going almost there okay so what I need
you just blow as hard as you can into
the tube just like that
okay that's
good got yeah there we
go
we'll have you blow one more time here
in a second don't don't worry about
touching if you touch it it'll cause it
to have an
air TR let sit right here for
now second time same thing how you last
time deep breath blow straight into the
tube
okay okay just as hard as you can blow
into the TU
okay
[Music]
okay you're
good here we
go stay right
[Music]
there