Charles 19. We're going to have the
southbound turn lane from southern
blocked off just temporarily. All
eastbound traffic is still flowing
slightly backed up.
Hold on one minute, ma'am.
 Were you the
one involved, man? The other vehicle.
 It
was this lady right here.
 Okay, that's
fine. Give us just a minute. Okay.
There's a lot going on. Um here.
 I'm the
sister of the guy.
 I can only have one
person go over there. Not trying to be a
dick. Okay.
 And your dad?
 No. No. I was
just passing by and I I moved the
motorcycle for you.
 How old are you,
miss?
 Sorry. I turned 21 yesterday.
 All
right. So, you're an adult. Which is
your vehicle?
 It's this car right over
here.
 The Chrysler. Okay. Give me just a
minute. Get your license, your
registration, and prove insurance first.
Okay.
 What happened?
And I Which way are you going? Um, so
this way. So I
 westbound.
Yes. So this way
 and then the light was
green.
Speedway.
Yes.
 And then um
I had enough room and space to turn and
the guy that was on the motorcycle, the
light was turning yellow
and he had a signal on to turn.
cuz
 the motorcycle.
 Yes.
 So, he had his
signal on to turn right. Um but the
light was yellow, so I turned
because I thought he was going to slow
down and he didn't. Um I think he sped
up.
 Maybe
um
 to go through the light.
 Yeah.
 To go
straight. Yeah.
 Yeah. And so
he I guess I mean when he was on the
ground and I hit him, he told me that it
was his fault. He turned I told him I
was like, "You turn your signal on to
turn right." And he said, "I know that's
my fault."
And
um
I guess he like was supposed to go
straight or something or like he wanted
to go straight and so
 Okay. Did Ary get
you all this stuff? Your
 um Yeah. So
this is my uh registration, my license.
We're having her birthday was yesterday.
Oh yeah. So, we're waiting for her to go
eat. Everybody's like, "Come on. Come
on. All the food's ready."
 So, are she
free to go?
 Not yet. I'm going to fish.
Let's come talk over here real quick,
Jersey. Okay. And then we'll be good to
go after that.
Have you had any alcohol tonight at all?
Cuz I could smell alcohol coming through
my breath. So, I'm just curious if you
had any drinks earlier or anything.
 Um,
I had
a beer.
 Okay. What kind of beer was it
that you had?
 Um, it was like a angry
orchard spider or something. Where did
you consume that at?
 Um it was like
literally right before I left.
 Left from
from where?
 My house. It's um
right if you look diagonally right here.
It's right there.
 Okay. And you just
consume one of them? Okay. How big was
it?
This big.
 Okay. It It was like a 16 oz
or something?
 I have no idea.
 Oh, okay.
And it was an angry orchid and that's
all you had to to drink. Okay. So, have
you ever been diagnosed with any
traumatic brain injuries before? Um, I
haven't been diagnosed, but I have had
brain
 concussions or brain trauma. Okay.
What kind of brain trauma?
 Um,
someone slammed my head against a wall,
a cement wall when I was like 10.
 Okay.
Did they say you it was a traumatic
brain injury from that or do you know if
it was a concussion?
 Um, my parents
never took me to the hospital for that.
Okay. Um, do you have any physical
limitations for walking or balancing?
Yeah, I do.
 You do? What are those? Um,
I have vertigo
sometimes and I mean that's pretty much
it.
 Okay. Is your vertigo affecting you
right now? Are you taking medication for
it?
 I'm not taking medication for it,
but it does affect me like once a day at
least.
 Once a day. Okay. Do you feel
like it's affecting you right now?
 Not
right now.
 Okay. And I'll demonstrate
the test that I want you to do. And if
you feel like that's something that
you're not able to do, you can let them
know. Okay.
 Okay.
 All right. Are you And
are you wearing any eye contact at all?
Um, no.
 Okay. Just go and stand on my
flashlight here and face me. That's
fine. Go and put your feet together to
toe and keep your hands on your sides
and just sit in this position during
this test. Okay? You see the tip of my
finger here? I want you to follow the
tip of my finger with your eyes and eyes
only and just keep your head straight
for me. Okay?
Sorry, it kind of gives me a headache
when you
 Okay, just do the best you can.
I'm just going all the way
like it kind of hurts.
 Okay,
 just what's
hurting you?
 Your eyes having to look
out?
 Well, yeah. I mean, I have a
headache right now. I've like been sick
for the past like 3 days and it kind of
hurts.
 Okay. Okay. You didn't hit your
head or anything during the crash?
 Um on
my seat.
 Okay.
 On the back of your seat.
Yeah.
 Okay.
 Let's just try to get
through this. Do the best you can. Okay.
If you need a blank, you can.
 Okay.
Go up again.
And so from your house, you're you're
leaving your house and heading to where?
Uh my aunt's house. Um we were going to
have a birthday.
 Okay. So you're leaving
from your house here and you're heading
to your aunt's house.
Okay.
 So what I'm going to ask you to do
now is you see the penny straight line
here on the ground. I want you to put
your left foot on that straight line.
I'm sorry. I'm like really
I'm like really scared right now and
like I don't
I'm just like nervous.
 Nervous? I'm just
trying to make sure that you're okay.
Operator motor vehicle safely is all
okay.
I'm just I don't know. Like I've never
been in anything like this before and I
have like really bad anxiety and I don't
know.
 Well, being honest, how many
drinks have you had?
 One.
 Just one. The
beer. Just the one beer?
 Okay.
 Are you
willing to do these tests with me? Just
make sure you're okay to drive. I
 mean,
yeah, but I just like
I don't know. I just I'm not really
scared.
Shake it up.
 Okay, you'll be okay. I
just want you to get in this position
here. Your right foot in front of your
left heel touching toe.
 There you go.
And then your hands down.
 Okay. But like
my whole body is like shaking.
I don't see you shaking.
 Do you need a
second or
Can I like sit down for a second? Like
if
 you want to sit down in the circuit,
so since you're saying that you've only
had one year, are you willing to do a
portable breath test to show me that you
only have
 I feel like I can do the test
you're giving me, but like I I'm like
really shaken up.
 Okay. Well, I'll give
you a second to collect yourself cuz
that Are you willing to do a portable
breath test or no?
 Can you just give me
a second?
 Yeah, that's fine.
 Okay.
You feel ready to do the these tests or
no?
So you came down.
Jersey.
 Jersey.
Um, so my understanding is
that he's offered you to take this
portable breath test, right?
 Um, he's
offered a yes.
 Are you willing to do
that?
Um,
I mean I'd rather take the test like I'm
sorry. I'd rather take like the test
he's giving me, but I'm really sick
right now.
 Okay.
What are you sick though?
 I don't know.
I don't know. I'm having a cold. I
didn't get to celebrate my birthday at
all.
 But you were out at a birthday
party.
 Not yet.
But you're really sick.
I mean, I'm like getting over a
sickness, but I haven't been able to
celebrate her birthday. Yesterday, I
stayed home all day long.
And you felt good enough earlier to
consume alcohol.
And then a beer. Yes.
So, well, it looks
okay.
Well, if you're not wanting to do that,
let's get done with these tests, okay?
Cuz we can't sit out here all night with
you. So, we need to make sure that
you're okay to operate a motor vehicle
safely. So, let's get through these
tests, okay?
Can you go and stand up for me?
Okay. So, on this painted line here,
okay, I want you to get in this
position. Put your right foot in front
of your left, your heel touching your
toe, and then keep your hands out your
sides.
Nervous. You don't have to be nervous.
I'm going to give you all the
instructions for the test and then I'll
tell you when to do it. Okay. Go and get
in that position for me.
There you go. Hands down your signs. I
want you to remain in this position
during this test and I'll tell you when
to begin the test. Okay? I'm going to
demonstrate it for you. I know that
there's traffic going by. So, if you
need me to repeat anything, just ask me.
We're okay.
 So, when I tell you to
begin, you're going to take nine heel to
toe steps on this pain straight line. Go
and watch me as I demonstrate for you.
One, two, three. I took three just for
demonstration purposes. I want you to
take nine. Okay. On that ninth step,
you're going to leave your lead foot
planted. I want you to use your rear
foot to take a series of small steps to
turn yourself back around. And then
you're going to take nine more heel toe
steps to turn back on that straight
line. 1 2 3. Again, I took three just
for demonstration purp.
Yes, ma'am. So, it's important that
during this test, you look down at your
feet, you count out loud, and you keep
your hands out your sides. And don't
don't stop the test complete in its
entirety. Okay.
 You have any questions
now?
 All right. So, it's nine.
 Nine
down. Once you reach your ninth step,
you're leaving that front foot planted.
Use your rear foot to turn yourself back
around. And then nine more back. Look
down at your feet. Count out loud. Keep
your hands down your sides.
And don't stop till the test is
complete. Okay. You have any questions
for me? No. Okay. Maybe go on.
I'm sorry. I'm like very I'm sorry. I'm
really nervous.
 It's okay. Just complete
the test best you can. Okay. Need you to
focus on doing the test.
Okay. I'm sorry. You're like actually
making me like really nervous. Like
 why?
I'm just asking you to do the test.
Because I've like never been such
before.
 Okay. Well, that like I want you
to finish the test if you're able to.
Okay.
[Music]
Next test, I want you to put your feet
together, heel to heel, toe to toe,
hands on your sides, and just stay in
that position. Tight, tight, to be
tight. How you taking your choose a foot
of your choice, your right or your left,
either one. You're going to raise that
foot approximately 6 in off the ground
with your toe pointing outward. I want
you to look down at the elevated foot
and count out loud. 1,001 1,002 1,003 so
on and so forth until I tell you to stop
the test. Okay? It's important that you
look down at the elevated foot, which is
6 in off the ground. You count out loud.
Keep your hands out your sides and keep
your legs fully straight and extended.
Okay? You have any questions?
No.
 No. Okay. Do you know which foot
you're going to use?
I use my right.
 Your right.
Maybe
use my left hand.
 Yeah.
That's one 23
4 5 2006 678
2009 2010
2011
2012 2013 2014
2018
2019 2020 Morning.
 Cool.
What's your uh highest level of
education?
Um
probably 11th grade.
 11th grade. Did you
get your GED?
 No.
 Okay. Did you end up
graduating?
 No.
 Okay. Um you know the
alphabet though?
 Yes.
 Okay. And you can
count up to 100?
 Yes.
 Perfect. I want
you to recite the alphabet starting at
the letter T is in George and ending at
the letter T as I'm incorrect or going
forward without saying it. So just
recite it from G through
E. Wait.
H I J K L M N O P Q R S T U V WX YZ.
Okay. I want you to count backwards
starting at the number 72 and ending at
the number 51.
 Okay.
Okay. 72 71 70 69 58 67 66 65 64 63 62
61
60 59
58
57
56 55 54 53 52 51 50
49 Oh, wait. Sorry. I went too. Okay,
that's fine. Um,
yeah. Can you open up? Lift up your T.
So, I know that you're stating that
you've only had uh one beer, right,
earlier today. So, I'm still going to
afford you the opportunity if you want
to to do the portable breath test. Are
you want to do that or no? It's
completely up to you if you want to do
it.
 No, thank you.
 No, thank you. Okay.
Once you turn on the trans back to
you need a call. Okay, I can get your
phone and anything else you want from
your vehicle and then uh I'm going to
take you over to the police station.
Once we're done with a few things, I'll
allow you to call whoever you want.
Okay,
 let's come over here. I'm going to
place you inside this unit till I put my
unit over here.
You have anything in your pockets?
 Yeah.
All right, we're headed out. Okay. See,
are you
stuck in the drop?
 I don't have just my
pockets. This one
You're supposed to help me.
You got your phone. I'll give that to
Officer Honey. I'll hold on to it over
here. That way we don't have to carry it
there. That works.
Nothing in this pocket.
Sorry. You're good.
I'm going to put this back in your car.
Okay.
Uh
I thought before I go. No, sorry.
Take
right back.
Cops up here.
hang.
Yeah, right after this whole hang
through that door on the left.
[Applause]
Yes, ma'am. And then on the other side
of this wall, there's a blue chair on
the right up here. You can just sit
there. Once we get through this, um, I'm
going to give you your phone and take
the handcuffs off and all that. And then
there's restrooms where you'll be at. I
just have to read you something real
quick. Okay. Okay. I'm going be reading
off this right here. So, listen to me.
I'm about to tell you something
important. You're under arrest for DBI.
The New Mexico Appent Act requires you
to submit to a breath test to determine
the alcohol content of your blood. After
you take our test, you right to choose
an additional independent test. If you
choose to take this additional
independent test, you rates a reasonable
opportunity to arrange for a physician,
a licensed nurse, laboratory technician,
or technologist who is employed by a
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? Which of the
breath test?
 Can you read that again?
Yeah. You want read again for you?
 Yes.
Yes. And then what I'm reading you is 1,
two, and three right here.
 Okay.
 Yeah.
If you want to stand up, you can. But
I'll read it again for you. So listen to
me. I'm about to tell you something
important. You're under arrest for DPI.
The New Mexico Imply 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 this additional independent test,
you have the right to a reasonable
opportunity to arrange for a physician,
a licensed nurse or laboratory
technician or technologist who is
employed by a 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 which are the breath test?
Yes.
 Okay. Do you want me to read you
the additional consequences if you
refuse and then you can kind of make
your decision?
 Yes, please.
 Okay. So,
say you chose to refuse. I cannot force
you to take our test. But if you refuse,
you lose your New Mexico driver's
license or non-resident operating
privilege for one year. If you are
convicted in court of driving one in the
influence, you may also receive a
greater sentence because you refuse to
be tested. Do you understand?
 Yes.
 Okay.
So, having all that in mind, did you
want to submit to or having that in
mind, do you not agree to be tested or
[Music]
How you doing?
I feel bad that we didn't get any get
the statement.
Okay. I just have a question. Um, if I
don't test with this machine,
 I lose my
New Mexico license.
and my chance of residency.
So, this is basically saying that um if
you refuse, you can um you'll you could
lose your New Mexico driver's license or
non-resident operative privilege for one
year. And if you're convicted in court
of driving influence, you may also
receive a sentence because you refuse to
be tested. So, basically, if you refuse,
you'll get charged with every DBI. I'm
going to give you paperwork that has a
notice of revocation. There's going to
be instructions on there for you put in
put in for an MBD hearing to retain your
driving privileges. So you could still
have a hearing to to try to retain your
driving privileges if you refused.
I just understand since you have the out
of state license, sometimes they have a
compact states have contracts with each
other. So it's really dependent on what
state like South
from, right?
 Yeah. Um
 if they have a
compact with them.
 Yeah,
 it's state to
state. So, I know it says New Mexico on
there, but I don't want to, you know,
you to have the the idea that it's just
New Mexico licenses.
Okay.
 But not not in in the sense to
u force you to take that test just so
you have that information to make your
decision.
 Yeah, it's make a phone call.
You who you want to make a phone call
before?
 Yes.
 Okay. I could take you out
of handcuffs real quick and then let me
try now. Grab your front face away from
you're just able to make it brief so we
can proceed through for all this and
then you'll get your phone afterwards if
you make more calls.
you will get an answer.
 Um, I'm waiting.
Do you want to try to call him? Because
we got to proceed forward with
everything.
 I can't stay here forever.
Um, I'm waiting for my lawyer to call
me.
 Okay.
And I'll read you this, too, since
you're talking about your lawyer. Your
right to speak to an attorney or remain
silent does not apply to the
requirements of the New Mexico law that
uh that you have to take a breath test.
Just so you're aware.
 Can you say that
again?
 Your right to speak to an
attorney or remain silent does not apply
to the requirement of New Mexico law
that you take a breath test.
But I can refuse to take a breath test,
right?
 Yeah, you could refuse it. Yeah.
Like I said, we're not going to sit here
and, you know, if you want to call
somebody real quick, I'm, you know,
being courteous to allow you to do that,
but we need to proceed forward.
 Great.
Um,
I'm just waiting for my lawyer to
 Okay.
Well, I'm not going to sit here and keep
waiting. Yeah. So, if you want to try
calling him or calling somebody, then
you can. Like I said, I'm trying to
allow you to do that, but we need to
proceed forward.
Okay.
 And I read you the portion on this
that's saying that it doesn't affect
your decision.
Yeah, that's fine.
 Okay. Um, I'll take
that cuz I just have to bring it away
from the machine. So, what what do you
want me to do?
So, I don't want to take your test.
Okay. And then you remember what I read
you wrote about the additional
consequences.
 Can you reread it?
 Yep.
Absolutely. 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 one in the influence, you may
also receive a greater sentence because
you refuse to be tested. Do you
understand?
 I do.
 Okay. Do you not agree
to be tested?
 I don't want to be tested.
Okay. So, what I'm going to do is I'm
still going to run the machine. It's
about 3 minutes uh from when the
machine's ready to receive a sample.
I'll let you know. If you change your
mind, just let me know and then you can
provide a sample. If not, the machine
will time out up to approximately 3
minutes and then I'll document it and
then we'll move on from there. Okay.
Cool. The machine's ready to receive a
sample. So, if you change your mind,
just let me know. Okay.
A few moments later, Cool.
We'll come over here.
We'll come over here where the blue box
is at.
So, you just have to uh take your shoes
off and then get down to your lowest
layer of clothing. If you're not wearing
a shirt under that, that's fine. And
then,
 wait, can I use um the bathroom?
Yeah. Yeah, he'll be in here.
You're just kind of
[Music]
No worries. Yeah. Then as long as you
don't have anything in your pockets and
then you're not wearing anything under
that, right? You like t-shirt?
 Sure. But
um I don't have a bra.
 Yeah. If you want
to keep that on, you can. Or you can
take it off.
 Yeah. Can I keep it on?
Yeah, you can.
It's cold or something, too.
 Uh no
jewelry or anything?
 Um I have a
necklace. Okay.
You can put that stuff in here and then
just put it with your shoes and you'll
be able to put it back on after.
 And
then my phone.
 Yeah. Go ahead and take
it. And then um if you want to put this,
you can put those in your shoe or you
can put it in here.
Cool. Well, come around over here.
If you want to follow me over here, then
you can make your calls with
Let me go see if we do. If we don't, um
can I bring my phone in there?
 Yeah. No,
absolutely. Yeah, you can make all the
calls you need to. Um, I just it'll take
me about 20 to 30 minutes or so to do
your paperwork. Uh, let me go find and
see if we have any kind of stuff. If we
don't, once I take you over the chill,
then you'll be able to do that there.
Okay.
 So, but hopefully I'm not
comfortable doing that
 here. Yeah. Okay.
So, you just want to wait.
 I mean, I as
long as I can keep my phone.
 Yeah. No,
you keep your phone. Yeah. Let me go
back and I'll take you over there. I
told you you're on to since you've never
been arrested before, you could get R
tonight where they just release you. Um,
and you just have to get a ride from
there if they want to come pick you up
or something. Um, so you can give them a
heads up if you want, but we won't know
until we get over there. But if that
does happen, they'll give you a phone
call so you can call and they can come
pick you up.
 Okay. I'll be right back
with your man. Okay.
 Okay. Thank you.
Yeah, no problem.
Here you get your taken over there.
You want you can turn off your phone
that way you have charge that when you
get to
 Okay. You just want to slip your
shoes back on. I order stuff in here. Um
you get those so
 we don't have any
unfortunately. Um I'm going to take you
right over there though. And they have
all that stuff at jail. And then um like
I said, you get to write down my phone
number or something.
 Yeah, they'll allow
you to get down there. Yeah, if you need
to.
I have to put you back in handcuffs and
I'll take him back off there.
[Music]
Just going to look up here.
We'll diagn this door again.
Offer here.
[Applause]
What is that? Is this a seat belt? Seat
bel.
 Yeah. Okay.
Let's go this door right up here.
Thank you.
Having a kind of a rough birthday.
Thank you for that.
Can't mean for your actions, right? I've
been nice to you this whole time.
 Yeah.
I'm sorry.
 No, it's okay. I understand.
Things happening. It'll it'll move past
it. It'll be okay.
[Applause]
Yeah,
you're just going to have your face this
while they're going to take the
handcuffs off of you and all. Yeah. And
then um they'll do that to either
and all your paperwork is going to get
released with you. Um just make sure you
read through it because
notice of regulation.
So to this court, make sure that you
read through that cuz there's directions
on how to file for an MVD hearing. If
you don't and your license gets revoked
and if you get pulled over, you get
brought back to jail. So make sure you
put in for that MVD hearing to retain
your driver privileges. Okay.
Hello. That's the best.
[Music]
Heat. Heat. N.
[Music]