hello who was
driving what
[Music]
Happ I was going a little bit too
fast it was like a stop and
then everything I was just I was just
going too fast
okay all right you have your license
registration improve of insurance on
[Music]
[Music]
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you
um I actually don't have the
registration or the entrance okay you
don't have anything I don't have a
license no but I should have
registration and
insurance hey how's it going offic good
do okay um this is my car but I don't
have
insance okay so all
right um but yeah I mean what do we have
to do from here I guess I'll get with
you in a
[Music]
sec 205
2 do you have your
license you don't have a license
no Adam Sam Henry Robert 27
are you guys like behind or just waiting
for at the just at the traffic light
okay so what' you see she they were she
was coming um North them and then she
said there were she was coming too fast
and uh I guess she tried to Swerve out a
traic cuz I ride a stoplight traic that
stop she jump that CBO there
and all
right okay give me a
second all right Victoria come over here
real
quick right here you take your hands out
your F have you had anything to drink
today no have you smoked anything taken
any drugs prescription I do smoke weed
but I have a license to smoke that okay
all
right just stay right there all right
what I'm going to have you do is we're
going to do a field soety test okay to
conduct if you were safe to drive okay
or if you were under if you were
impaired at the time of driving okay so
what I have you do right now is put your
feet together okay keep your hands on
your side like
this can I have you take your glasses
off real quick I can't see you it's fine
you'll be able to see my
finger
you can't see at all like you're
completely blind yes you can't see any
Vision no nothing no okay do you see how
thick these are I see how thick they are
but it doesn't mean you're you're blind
so can you take them off me BL no I I
mean I can but I I need you to take them
off okay okay you just put them in your
pocket for right now
okay
all right what I'm going to have you do
is I'm going to have you look right here
at the tip of my finger okay what you're
going to look right here at the tip of
my finger okay with your eyes and your
eyes only follow the tip of my finger
okay do you understand
that uh during the accident did you hit
your head did the air bags go off
anything like that before we start no do
you have any recent head injuries that
you need to know about do you have any
problems walking balancing churning no
so just follow the tip of my finger with
your eyes and your eyes only
okay
just keep your head still only moving
your eyes okay you understand
yes just trying to follow with the
on it it's going to go up and down
okay
the next thing I'm going to have you do
is I'm going to have you do a Walkin
turn test okay you can either take your
shoes off if you want or you can leave
them on whichever one you prefer either
one whatever you prefer okay so what I'm
going to have you do is you're going to
stay in that position with your feet
together hands on your side okay what
I'm going to have you do is you're
you're going to take nine Heel To Toe
steps walking in a straight line okay
what you're going to do is you're going
to take your left foot and put your
right foot right in front of it staying
in this position with your hands on your
side and your right foot in front okay
don't start just yet okay I'll explain
everything to you in a sec okay so just
put your right foot in front of your
left
foot
okay that's how I start that's how
you're going to stand for right now okay
I'm going to explain everything to you
okay so put your right foot in front of
your left foot
okay so once I tell you to begin you're
going to take nine heel this toe steps
walking in a straight line can you
imagine a straight line in front of
you yes okay can you stay in this
position for
me so what you're going to do is you're
going to take nine Heel To Toe steps
walking in a straight line the line is
going to be about the size of your foot
don't start until I tell you to begin
okay so just stay in this position with
your right foot in front of your left
foot okay
do you
understand do you have a problem with
the test I'm giving you are we going to
start once I finish giving you all the
rules and how to do it then yes you can
begin but once I tell you how to do it
you can't do a test until I tell you how
to do it all right then explain okay so
what you're going to do is you're going
to put your right foot in front of your
left
again put your right foot in front of
your left
foot
and then what we're going to do is we're
going to take nine heel toe steps
walking in a straight line I'll tell you
when to start okay I just need you to
stay in this position right now
okay it it's simple it's simple
instructions okay I just need you to put
your just hang on
okay are you ready or no once I tell you
to start you can begin I'm going to show
you how to do it first and then you're
going to do it you've already explained
I haven't even show you how to do it yet
okay then show me okay can you put your
hands on your side again take your hands
out of your pocket then show me put your
right foot in front of your left foot
and stay in this position okay so what
I'm going to have you do is walk nine
heel toe steps in a straight line the
line's going to be about the size of
your foot or the width of your foot and
you're going to take nine heel toe steps
walking in that line I'm going to be
taking three steps you'll be taking nine
so it's going to look like this you're
going to go one 2 3 three and so on and
so forth until your ninth step once you
get to your ninth step you're going to
take a series of small steps turning
around and then returning back to this
position once you get to this position
you'll take nine heel of toe steps
walking in the straight line again one 2
three and so on and so forth until you
get to your ninth do you understand okay
whenever you're ready to begin you can
do that
test
return back to this position for me okay
with your feet together and your arms on
your side okay what I'm I have you do is
it's going to be the one leg stand with
the leg of your choice you're going to
lift it approximately 6 in off the
ground you know how High 6 in is it's
going to be about the size of a Coke can
okay so about that size you're going to
lift it parallel off the ground with the
foot of your choice and when I tell you
to start you'll begin counting out loud
as so so you'll go 1001 1,002 1003 1004
1005 and keep going and keep going until
I tell you to stop do you understand
that during this you're going to keep
your hands on your side at all times
looking down at your foot at the top at
the tip of your toe Counting out loud
okay you have a watch on
you give me one second
okay just know when it
goes just hang on real quick okay bud
should prob wait for the okay so just
count it
okay what I'm going to have you do is
put your foot up
okay
okay all right so whenever you want to
begin you can lift the foot of your
choice okay
keep going until I tell you to stop
okay I don't have a belt on okay my
pant
30 all right next what I'm going to have
you do is you're going to turn around
face this way real quick okay place your
hands behind your back for me
okay at this point you're going to be
placed under arrest for suspected uh DWI
okay
you have anything in your pockets going
to poke stick me
no I'm going to use the back of my hand
okay to feel the back of your waistline
and then I'm going to have to go on your
breast line
okay no it's not a choice okay you're
under arrest at this point okay can he
can he grab my phone just wait over
there real quick
can you gra my
phone
for how much [ __ ] higher do you want
them I didn't need you to go that high
okay okay well you do is I'm going to
use the back of my hand okay I'm going
to feel under your breast line
okay do you
understand do you
understand no I don't speak
English
see you got any questions man uh no no
sir just U I'm assuming it's rather
aggressive for
DW that she she's just suspected at this
time and I mean um her journalist it
seemed kind of unfair to do the test
right now you know at least letting her
see the ambulance or if you guys take
her to the hospital she's going to go to
the hospital have to go to the hospital
before anyz she's real she's on just a
story that uh Witnesses were giving us
didn't really make sense with how you
would stop like this and come over here
so that's why I just did the test I mean
if she would have been if she would have
done all the test and wouldn't have
showed any signs then she would have
been free to go but she was showing
signs so that's why she's placed under
arrest I mean I guess I understand like
even though under circumstances like
you're rush and stuff and then being a
female just it's kind of seems a l you
know it's my opinion you know but I mean
being a female has nothing to do with it
no I mean they work different than men
do you know my jaline Works different
than femal adrenaline especially in a
circumstance like this I don't know
anything about adrenaline causing you to
wreck into a tree but I'm not saying
that but just the after fix of yeah but
all right man you need anything else
just give us a call
okay walk over this way this
[Applause]
[Applause]
way
[Music]
well since you got Victoria since you
have cuffs on you I'm going to have to
read you something because I'm going to
ask you a few questions okay um you have
the right to remain silent anything you
say can and will be used against you in
a court of law okay you have the right
to an attorney and have them present
before during or after any questioning
and you have the right to refuse
questioning at any point in time okay um
do you understand your rights having
understood your rights are you willing
to speak with me
okay okay let's go
over I'm just going to I'm going to
leave the door open
okay we're just going to leave this door
open if you want to have a seat you can
make yourself
comfortable um so how many drinks how
many alcoholic beverages did you drink
today no you haven't drinken any alcohol
okay I can smell it coming from your
person okay so I
know let me ask you this you believe in
telling the truth okay would you like me
to be 100% honest with you I would like
that the same okay so would you agree
that honesty is best policy okay with
that being said lying is going to be
look at me look at me real quick just so
I know that we're tracking okay lying is
going to be of no benefit to you okay
the truth always comes out okay so the
more honest you are with me upfront the
more I can help you in the end okay I
don't work with people who lie to me at
all but if people are upfront and honest
I work with them 100% on on on the end
when it comes to court time okay so real
quick before you answer this question
make sure that it is 100% truthful okay
cuz you're already under arrest at this
point okay so you're already going to
jail so lying again is going to be of no
benefit so how much have you you had to
drink today today nothing okay have you
taken any medications have you smoked
any weed nothing like that okay yes I'm
on probation okay okay so I'm not
supposed to be drinking and yesterday
but people people do it all the time
okay okay so yesterday yes ma'am and the
day before yesterday I did drink okay
how much did you drink I took about
maybe three shots each day okay things
been stressful for you
lately yeah family life work life
personal life everything everything
everything okay like I have probation I
have anger management classes I have
parenting classes I have you have you
have
children I I do you have children okay
how many how many kids do you have two
two boys girls there one in one one in
one okay how old are they three and four
oh those are fun ages aren't they do you
do you get to see your children right
now okay I just where are your children
at right now I just dropped them off
before I got into this wreck okay so
what happened leading up to the
wreck I I was just I was just going too
fast and I was arguing
with I was arguing with my baby daddy
and I wasn't paying attention and I had
to Swerve I had to Swerve off into the
cuz I didn't want to hit nobody was
there cars in front of you yeah okay so
you just swerve the vehicle to avoid
hitting another vehicle and then you hit
the tree okay so when would you say your
last alcoholic beverage
was probably yesterday about 5 or 6 in
the evening or 5 or 6 in the morning
evening in the evening okay you've not
consumed any alcohol do you take
medications for anything nothing at all
okay um do you smoke marijuana okay when
was the last time you smoked your
marijuana smoke any of today not today
when it was probably I to be totally
honest I can't afford it right now so
it's it was probably like a few days ago
maybe do you buy it from the dispensary
or did you just get it off the streets I
have a medical card
okay okay all right in the accident did
you hit your head at all no okay did
your airbags go off no
okay all righty
all right hang tight for one second I'll
be right back with you okay so this
officer has something to read to you
okay he's just going to read you
something real quick listen to
everything he has to say it's very
important that he that you listen to
this and respond appropriately
okay listen to me I'm about to tell you
something important you're under arrest
for driving under the
influence the New Mexico implied consent
act requires you to submit to a breath
test to determine the alcohol content of
your blood after you take 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 a laboratory
technician or a 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 for by the
law enforcement agentry agency do you
agree to take our test no
okay I cannot force you to take our test
but if you reviews you will lose your
New Mexico driver's license or
non-resident operating privilege for one
year if you are convicted in a court of
driving while under the influence you
may also receive a greater sentence
because you refuse to be tested do you
understand your right to speak to an
attorney or remain silent does not apply
to the requirement of New Mexico law
that you take a that you take a breath
test do you now agree to be
tested so you understand that your
charges are elevated now right okay so I
consider your actions to be your tested
okay so at this time you are now going
to be charged with aggravated driving
the intense
okay so I mean if you want you also
always have the option to give blood too
okay okay I already I already told you
that well I told you not here okay I
already told you that I wasn't so so
here's here's the thing Victoria we
don't just arrest People based off of
hunches and and feelings right we Bas we
ar People based off of what we see what
we hear what we smell we can smell
alcohol coming from your person right so
I mean you can disagree with that I'm
just telling you what I what I smell and
what what I'm seeing I'm seeing that you
are having a hard time standing up
straight okay when I spoke with this
officer he said the fields that you
performed the battery of of tests he ran
you through okay showed impairment okay
so that is why we are at where we're at
right now okay so when you say you
haven't been drinking we know that to be
different okay cuz if it's not alcohol
it's another drug okay it's either
alcohol or drugs all right well I don't
know why to put them at the hospital
because that's why because you are in an
accident and you have to be medically
cleared before you get to be
incarcerated
Okay so that is why you're here so as
soon as they're done then off to County
you go okay do you have any questions
for me no
okay doing well so your daughter is
under arrest right now for um aggravated
driving Under the Influence okay um
she's being charged aggravated because
she's refusing the test her right she
has every right to do that um you are
not able to see her because she is just
here for Med clearance um she will be
incarcerated when she's incarcerated she
can call you or you can call the jail
and talk to her there okay but as far as
right now you're not going to be a to
see her she is perfectly fine it's just
customary for every time that we arrest
get or nothing NOP no they uh she I
guess drove off the road and hit a tree
um the airbags I don't believe the
airbags went off on the vehicle I I
could be wrong I wasn't there on the
scene um I met another officer the
arresting officer here um but she
doesn't have any bumps bruises scrapes
nothing she says she's perfectly fine um
but you will be able to talk her once
she gets to County okay do you have any
other questions for me something I can
answer no I just want to make sure she
was okay she's I just got the call so I
don't where are her kids I guess she had
dropped them up at the daycare a daycare
okay m is Dad able to go get them or are
you able to get them yeah I can we can
we'll take care of that so they will be
cared for oh yeah yeah yeah don't worry
about the kids the kids are well okay
good deal yes awesome try to have a
better day tell did you let her know I
was here yes I will yes so this one's a
DWI citation okay this one's different
than these ones and I'll explain them to
you so this one's just showing that you
arrested for
DWI what I observed what I smelled
things like that and then it just shows
right here all it is is you're going to
appear to court um where's
date over here so it's saying that I
served you a copy of this one on
February 14th 2024 and this is a notice
of revocation so what she is in the
state of New Mexico is you get a DWI
hearing and that's through the DMV okay
and that's what this one is for okay
it's right here at the bottom you're
just going to sign okay says it right
here none of these are admission of
guilt okay it's just showing that you're
going to appear to for them
okay same thing with this one not an
admission of guilt it's just showing
that you're going to appear to court for
it so since you were in possession of
the vehicle you technically get sided
for it having you're going to get one
for no registration no insurance and
then one for no driver's license okay
and then right here at the bottom again
not in the mission of guilt it's just
showing that you're going to appear to
court and you can go honor before
February 22nd he might even be able to
take them over the zoom meeting but I
wouldn't count on it just try to be in
there for them
okay right here the bot on this one this
one's for the vehicle to be registered
okay
too expensive yeah don't want to do it
this one's for drivers to be licensed
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okay