Sorry, let me uh reintroduce myself. Officer Wilton Little Silver Police Department. I need your license, registration for the vehicle, and the insurance card. Okay. Um, can you just take all the documents out as I don't want to lose anything on you with the wind going right now? Okay. >> So, I just need your license, the registration for the vehicle, and the insurance card. Right. So, they look like they're both in there. Just take those both out for me out of the container. So I have a question. So this one. >> So I have it on the card on the app. >> So So right now that's the registration. So pop that out for me. Okay. Where are we coming from tonight? >> I'm coming from my friend Aaron. >> Okay. How much did we have to drink tonight? >> Ma'am. >> Sorry. >> How much did we have to drink tonight? So, I just had it from my friend Aaron's house. >> Okay. How much do we have to drink tonight? Alcohol. >> I just had a beer. >> Just a beer. Okay. >> Because I just had >> Okay. Okay. Do you have your driver's license on you? So, the driver's license. >> Where does Aaron live? >> So, Aaron lives in Little Fweller. >> Okay. >> Okay. >> Okay. And where are we headed to now? So, I'm heading home to 106. >> Okay. And how much do we have to drink tonight, man? >> Just have two beers. >> Just two beers. Anything else? No wines, mixed drinks, anything? >> Nope. Cuz I went to local bar. >> Local in um Little Silver. >> Okay. So, you're coming from local and Little Silver right now. >> That was I didn't see you coming out of there. >> I promise. >> Okay. All right. Do you still have your driver's license on you? You don't do you have a picture of it? >> Yes. >> Okay. But you don't have it with you. >> Promise. >> Okay. >> Um I bring it for me. You can >> pro. Promise. >> Okay. I see. >> And I have it. >> Are you the registered owner of the vehicle? >> Yes. >> Okay. What's your first and last name? >> Dom. D O M. >> Your first name is Dom. Is it short for Dominique? Dom. >> No. Dom. >> That's your legal name. D O M. Okay. Dom. What's your last name? What's your last name, Don? >> Gonzalez. G O N Z A L E Z. >> Do you have a birth? >> All right, Tom. I'm just going to ask you a couple questions. Okay. Um, first, what's uh what's your highest level of education? >> Bachelor. >> Bachelor's. Okay. From Rucker. Okay. So, you're familiar with the English alphabet, right? All right. Starting with the letter D and ending with the letter W, I want you to say the alphabet without stinging it. Okay. Starting with D, ending with W. Can you do that for me? >> All right. Go ahead, D. >> A B C D. >> Wait, I'm going to I'm going to tell you again. Just starting with D, ending with W. Okay. >> D. >> Yep. E F G H I J K L M N O P Q R S T U V W Okay. All right, D. Just real quick, I want to make sure that you're okay to drive, okay? Cuz when I was following you here on Oceanport Avenue, you're all over the road and you almost hit the curb on the uh on the right side here right before Hazen Avenue. Okay? So, I want to make sure you're okay to drive. >> Yeah, it's okay. Well, can I tell you why? >> Yeah. But well, just I was just want to make sure that you're okay to drive after saying that you had a couple beers, too, at uh at your friend's house, you were saying. Um were you were you at your friend's house or local? Which one were you at? >> In Okay. All right. So, just real quick, we're just going to run through a series of test so I can make sure that you're okay to drive. Okay. So, why don't you hop out for me, Dom? All right. So, I just it's >> Yeah. Yeah. You leave you can leave your stuff there. All right. We'll look for your driver's license in a little bit. Okay. So, just pop on out for me. Okay. We're going to go to the back. >> Can I ask you something if I'm scared to just like pop out and just go home? >> You I I need to make sure that you're okay to drive first. Okay. >> Is it okay if I just don't want to drive because I'm so scared? >> I don't want to get in trouble. I don't I need you to hop out of the car. Okay. I don't need to. And we'll go from there. Okay. >> You're just going to go to my sergeant right here. Okay. I just have to adjust my lights and then we're just going to go through a couple of tests to make sure that you're okay that over here. Ma'am. Ma'am, just step back here. You can walk. >> Go for it. >> Walk. >> Walk for >> right here. I have a seat on the bumper for me. See that bumper? >> Just have a seat. Thank you. >> How we doing tonight? You all right? Yeah. >> Where you coming from? >> It's coming from my friend Aaron. Your friend Aaron's >> in Little Silver. >> We're in Little Silver. >> 40. >> 40. What? >> 40 Willow Drive. >> Okay. >> Had a couple drinks there. >> Just had a couple beers. >> Some beer. >> Yeah. >> What kind of beer? >> Um like um like corors. >> Corores. >> Yeah. >> Anything else? >> I was just >> What else did you have to drink? Besides the beer, ma'am, hello. What else did you have this drink besides the beer? >> I just had corors. I'm >> You were saying you had something else though. >> Just I pores. >> Okay. I think that's all I had. >> Okay. Do you wear glasses or contacts? >> No. >> No. Okay. Do you have any problems with your vision? >> No. >> Okay. Perfect. >> Well, a little bit of white vision in night time. >> Okay. Ah. All right. With your eyes and your eyes only, I'm going to have you follow my pen. Okay? Do you understand that? Do not move your head. Just your eyes only. Okay? Can you see my pen here? >> What color is it? >> Blue. >> Blue. Okay. >> So again, just follow my pen with your eyes only. Do not move your head, >> ma'am. Your head. Keep your head straight. Thank you. Heat. Heat. Heat. Heat. last one. We're going to go up. Okay, same thing. Just move your eyes, not your head. Thank you. One more time. Okay. >> Yep. All right. Dominic, or do you just prefer Dom? >> Dom. Okay. All right. Uh, stay where you are. Don't go anywhere. Okay. Do you have any injuries uh to your legs, hips, anything like that? What? What do you point to? >> So, I need physical therapy. >> Okay. Well, what's wrong with your name? >> Yeah, I can't go up the stairs. >> You're not going to have to go up any stairs. Okay. Are you able to walk and and turn right? Okay, perfect. All right. Uh, what I want you to do, okay, you see the straight line right here, this white traffic line. What I want you to do, all right, I want you to stand on that line. Put your left foot on that line. Okay, you want to get behind you. Then I want you to take your right foot. Okay? Place it in front of your left. So your right heel is touching your left toe. Okay? Don't take any position till I tell you to do so. Okay? So your right heel is going to be touching your left toe. Hands down at our side looking down at the line. Okay? Can you get in that position now for me, Dom? >> What do you want me to >> So So you're going to put your left foot on the line. Okay. Right foot in front with your right heel touching your left toe as I'm doing right now. Okay. Can you get in that position for me, Dom? So, your right heel is touching your left toe. Okay. Stay in that position. Don't move until I tell you to do so. Do you understand, Dom? >> Yes. >> Okay. I'm going to ask you to take a series of nine steps down this line. Okay. I want you to stay in the position, Dom. Okay. >> I want you to take nine heel to toe steps down this straight line. Okay. counting out loud each step. All right, I'm going to demonstrate three for you. You're going to do nine. I'm going to demonstrate three. Okay, so we're in our starting position. Hands down at our side. Going to count out nine heel totoe steps. Again, I'm doing three. You'll do nine. Right? So, it's going to look like this. 1 2 3. Okay. When you reach your ninth, you're going to take your right foot, make short, choppy steps, turning 180° around, facing back this way now. Okay. And you're going to take nine heel totoe steps going back. All right. Again, >> one, two, three. And then >> so I'm doing three, I'm doing three, you're doing nine. Okay. I'll demonstrate for you again. So you do nine heel totoe steps and then you take short choppy steps to turn around and then nine heel to toe steps going back on that line. Do you understand, Dom? You need explained again? >> Okay. So, you're going to count out loud each step, hands down at your sides, okay? And nine heel to toe steps going down the line. A series of short choppy steps to turn around. Nine heel totoe steps going back. Counting out loud each step. Okay. >> Yeah. >> Give me the test whenever you're ready, D. >> Is this okay? >> Yep. Keep keep doing the test till you finish. >> Yep. Continue the test. Dump. >> Go. All the way down to the All right, Tom, can you stop for me? Do you want the to me to reexlain? Okay, so you're going to take nine heel to toe steps. After nine, turn yourself around with short choppy steps and then nine heel to toe coming back. >> Okay. >> Do you want me to start from the very beginning and then go? >> This could be our new starting point. Okay. So, left foot on the line. Now take your right foot, put it in front of your left with your right heel touching your left toe. Counting out loud. Each step you're going to walk nine heel totoe steps down that line. I'll do three. You're going to do nine. 1 2 3 and so on until you get to nine. When you reach the end of the nine step, take that right foot with short short choppy steps. Turn yourself around. Nine heel to toe steps going back. Do you understand? Okay, dumb. All right, you can restart the test. Go ahead. >> One. >> Yep. Counting out loud each step. All right, begin the test. Dumb. >> One, two, >> dumb, put your hands down at your side for me. >> At your side. >> Down. >> Okay. You want me to do? >> Yep. Finish finish the test. >> Well, >> as I as I demonstrated it to you. >> So, nine heel to toe steps. Short choppy. Turn yourself around. >> No. No. >> Okay. We're going to Yeah, it's all right. We're going to finish this test. Okay. >> So, can you stand stand back in your bumper? Okay. by your My dad died charging my car. Just hold on one second. >> I thought I was >> Stand by. We got one more test. Nope. Can you just do me a favor? Just stand. We You don't have to be on the line for this one and just take a a step forward for me. Okay. Don't want you leaning on your car. >> Just Okay. >> I'm sorry. I'm just nervous. >> So, you said that that uh knee you got physical therapy on? >> Left. >> Left one. Okay. So this one you can choose either leg to do if that one hurts to stand on. So this is the one leg stand. Okay. What you're going to do. All right. Either me down. Okay. We're going to put our heels toes together. Hands at our side. Can you do that for me now? Okay. I understood that you had you said you have physical therapy and stuff on your left knee. So either leg doesn't matter which one. Whichever's more comfortable for you to perform this test. Okay. You're going to choose one leg. Either one doesn't matter. You're going to lift your foot approximately 6 in off the ground as if there's a small soda can underneath about that height. Okay. What you're going to do is lift up that foot, keep it parallel to the ground, and count out loud while looking down at your foot. 12 14 and so on until I tell you to stop. Do you understand these directions, Dom, or do you need them reexplained? >> How long do I have to >> Until I tell you to put your foot down? Okay. So, heels and toes together, hands down at her side, lifting up one foot, doesn't matter which one. It's your choosing. Approximately 6 in off the ground, parallel to the the ground, counting out loud. 1,001 1,002 and so on until I tell you to stop. Do you understand these instructions, D? >> Yes. >> Okay. >> Good. You can begin. 100,000 1,000 23 1 4 1 5 1 6 10708 1 9 1 I'm sorry my my knee1 Can I lift >> you would you like would you like to switch legs? Does that hurt for you to keep that one up? >> Well, can I lift it? Can I lift it this way because just my knee? >> You have you have to the hand straight out. Would you like to switch legs down? >> No, because if I if I put the pressure on this knee. >> Okay. >> Okay. >> So, >> we'll we'll try again. But you got to keep it out straight. Okay. Looking down. Hands down at our sides. Okay. Dom. Hands down at our sides. >> Counting out loud. 1 >> Okay. >> 1,00 1,002 and so forth. Okay. 1,000 1,002 34 2005 10067 2008 2009 2010 2011 2012 13 2014 2018 2014 2018 149 20. >> All right, you can put your foot down. It's okay. >> All right, Dom, do me a favor. We're just going to do one more test. Okay, just turn around. >> Nope. Face that way. Okay, I want you to make D. Look at me just real quick. Okay. I want you to make this shape with your hands. Okay, do that in front of you. I'm >> sorry. All right, you're going to face away from me. You're going to put your hands like that. Okay, can you do that? >> All right, put put your hands like that in front of me. Go ahead. All right. Now, I want you to recreate that image behind your back. >> Sorry. >> Recreate that image behind your back. >> You're going to be under arrest for driving while intoxicated, D. Okay. Start. >> Those aren't too tight on you. Are they down? >> Okay. >> Phone, wallet, nothing. >> Pocket. Your phone's in your pocket. Which pocket? >> Okay. Do you mind if I just go see where the phone is? Okay. Just going to do a quick search. Okay. >> No. >> Okay. Which >> Which Which pocket is it? >> Do you have one in your pocket? >> Um, it should be in here. No, no, no. If it's not in there, probably it's probably in the car. It >> might It might be in the car. Okay. We're going to go back in my car. Okay. Thank you. Just step up here, Dom. Okay. Okay. Those cuffs are those cuffs aren't too tight, right? I made them nice. >> Can you just grab my phone? >> We're going to Yeah, we'll grab your phone. Um Yeah. Yeah, I know you you you said you you you washed your driver's license recently. Um, are you sure it's not in there anywhere? You don't have a purse or anything with it? >> No, I'm just like genuinely so upset with myself. >> Okay. All right. Hang tight, Don. >> Uh, she's just heading back to Paul. This is it looks like a 10 to 15. Got the phone here. See if any of these are driver's license. Sorry. I know it's cold. I don't see a driver's license in here. GR. Anything in the park this up here? Make up my shooters. Oh my goodness. You have the key? >> Yeah, it's up here. She gave me two different thoughts. First, she was coming from her friends, then all of a sudden she was coming from local, but I don't remember seeing her coming out. She came off of uh whatchamacallow. I'm trying to ocean port. There are no shoes from see any of them back there before. Uh let's see. Wait. No. No. That is right. Sorry, I'm not a Jeep person. >> What the hell, dumb? Did you? >> She slipped out of her cup. >> This one was loose. I promise I didn't do anything. >> Okay, but you can't. Are you all right? >> Uh, I didn't do anything. It was loose. I I literally pinned the phone. >> I didn't do anything. Stand up. >> I'm sorry. I didn't do anything. >> Yeah. How's the food I look up? >> How's the food at? >> Yeah. What you got? >> Hold on. >> What you got there? >> I know it's a little tighter this time, but >> you can't slip out. >> We're going We're going straight to headquarters, right? >> I'm sorry. >> None. >> No, no, no, no. I know. It's got stuff in it. Hop in. >> Can I? >> All right, Tom. We'll talk at the We'll talk at the station. >> Let's talk inside where it's warm, right, >> guys? >> Dom, hop in. Come on. It's cold. We're going to go. We're going to get some place warm. Okay. >> I know. I know. >> Dom, hop in. Dom, I'm not messing around. >> Okay. I'm sorry. >> This isn't the chatting hour. Okay. Up on the check. All right. All right. >> All right. Come on. This way. >> It's a big deal for me, not for anyone else. >> Okay. >> Dumb. Listen to me. >> Listen to me. Listen to me. Listen to me, dumb. Okay. This is this is not a criminal offense in the state of this is not a criminal offense in the state of New Jersey. Okay. >> You're going to be deported. I was born. >> Oh, don't listen listen. >> There's There's always Listen to me. Listen to me. I will help you. I'm >> so scared. >> I will help. I will help. I will help guide you. If you need immigration lawyers, the courts will also help you with that. Okay? Listen to me. I'm That's not based on any decision that was made here tonight. Okay? I don't. Listen to me. Listen to me. Your your citizenship status about yourself. There you go. Has has no bearing on the actions, all right, of you of you driving while intoxicated. Okay. >> I understand an idiot. No. Like I'm so Keep going. Keep going. We all make mistakes, right? We all make mistakes. >> Such a idiot. Like I'm proud of myself. >> Go look. We all make mistakes, Dom. Okay. This doesn't define who you are. No, it doesn't. No, it doesn't, though. This does not define who you are as a person. Okay? We all make mistakes. Tomorrow's a new day. Go ahead. Have a seat on this bench for me. Down. Okay. Behind you. Yep. Watch yourself. It's okay. All right. Down. Have a seat. Sit down. Behind you. Nope. Sit down. Sit down. Okay. I'm getting mad at myself. >> Watch it for two seconds. All right. Real quick though. Okay. Have you ever been arrested by this police department? Never. Okay. I want you to look straight at me. Okay. Down again. Keep your back against the wall. Head that way. Okay. Down. Back. Look at me. Down. It's okay. >> Scared me. No. >> It's okay. Listen. It's just hard because I know Trump becoming a president. It's the first time I've ever gotten in trouble and I learned how to speak English literally 5 years ago. I know. >> Really? Just 5 years ago? >> You're doing an imposible job. You really are. Listen, [laughter] >> it's dumb. Listen to me. >> Listen to me. I know that I dumb. I'M SO MAD AT MYSELF. I can't believe I'm listen to me. It's okay that you're messed up, right? But we have I'll I'll help you to pay the price. >> Yes. Right. Because it was a very dangerous thing that we did tonight. Right. It's a very very dangerous thing. Okay. So, there are repercussions for that. Right. But listen to me. >> I don't I I don't listen. I'm I'm I'm going to make sure that you understand this throughout the night. Okay. But this is I it has no bearing on citizenship, anything like that. Okay. This is a driving infraction in the state of New Jersey. It is not criminal. You're not a criminal. It is a driving infraction. Okay. Under title 39, that is traffic violations. 2C is criminal. This is not 2C. This is driving. Okay. It's okay to be upset, right? What I need you to do though, I need you to understand. Okay? There's a process that we have to go through now. Okay? So, I need you to Dom, keep your back against the wall and I want you to look just with your head like this. Just at that wall. Okay? So, turn your head just that way. Dom >> I know. >> Look at me. Look at me. Turn your head like this. Like that. Look at this wall. I need you to look at this wall. >> No, I know. Can you just like remove my hair? My >> Just like that. Stand up. Let me get those cuffs off you, okay? And you're going to take a seat. Turn around. Listen, I know it's scary right now, okay? But like I said, this is I have no desire, okay? So, like you said, your mom worked very hard and everything, right? Getting you into the country, all that, right? I have >> I have no >> You don't No, listen. Sit down. Okay. Don't try to try to punish yourself. Okay. What happened? Happened. All right, take a seat. >> No, I'm so mad at myself. >> No, I'm Take a seat for me. I deserve to be here. >> It's not okay. Like, I deserve to be here. >> J, can I get a print out of her full name? >> Yes, please. >> Why'd you tell me on the road that your full name is Dom? It's that's that's a nickname, right? That's short. >> No, that's my name has been for years. My full name. Yes. >> Yeah, that's what I was asking for in the side of the road. >> That state of New Jersey calls you that New Jersey. Mike or should we cut off a second? >> That's a I wonder driver's license. 0 44 Sir. >> Yes, ma'am. >> I just want you to know that I've done everything in my car. I don't have any parents or anything. I've done everything. >> Listen to me. I don't want you. >> I know. I'm for the one time. >> I I need you to understand. I can't offer you legal advice. >> I know. >> I know. I know. I know. I can't help you legal advice, but it doesn't mean I can't help kind of get you in the right direction of where we need to go from here. Okay? Cuz you made you made a big mistake, right? >> You kind of there's repercussions for that, right? You know, thankfully >> I got to you before you were out on the road too long, right? So, >> it could have been a lot worse, right? >> Yeah. >> Okay. >> So, real quick, I'm so mad at myself. Like, why did I [ __ ] do this? Mom, I need you, Dom. I need you to listen to me real quick. >> No, I'm just mad at myself. I >> just need you to listen to me. Okay, just don't interrupt. I need you to listen and there's going to be uh an answer when prompted to. Right, for right now, just listen. Dominica Gonzalez Escobar, you have been arrested for driving while intoxicated under NJSA 394-50. The law requires that you submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record will be made available to you. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. If you refuse to provide samples of your breath, you'll be issued a separate summon for the refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of the refusal, you'll be subject to various penalties, including license revocation up to 20 years, a fine up to $2,000, installation of an ignition interlock, and a referral to an intoxication driver resource center. These penalties may be in addition to penalties imposed by the court for any other offense of which you are found guilty. You have no legal right to have an attorney, physician, or anyone else present for you for the purpose of the of for the purpose of taking the breath samples. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you provide breath samples will be treated as refusal to submit to breath testing. Even if you agree to take the test, but then do not follow my instructions, do not properly perform the test, or do not provide sufficient breath samples, I will charge you with refusal to submit breath testing. I repeat, the law requires for you to submit samples of your breath for testing. Will you submit samples of your breath? >> Can I ask a question or no? >> It's a yes or no. I'll read it again. >> I repeat, the law requires you submit samples of your breath for testing. Will you submit to the samples of your Will you submit the samples of your breath? It's a yes or a no. >> Can I ask? >> It's I cannot provide legal advice. >> Can I ask what happens if I say no? >> Then I will All right. >> Okay. >> I'll repeat the section. If you refuse to provide samples of your breath, you'll be issued a separate summon for the refusal. A court may find you guilty of both refusal or driving while intoxicated. I'm not going to force you to, okay? I'm just advising you. And I'll repeat the last line again. I repeat, the law requires you to submit samples of your breath for testing. Will you submit samples of your breath? >> Yes or no? >> I was just I I need I need a yes or no though, D. Will you submit samples to your of your breath for testing? >> I'm just anxious because what if I don't get granted symptoms of the country? No, we're we're 20 steps ahead right now. Okay, we need >> It's not 20 steps ahead for you. It's 20 steps ahead for me because >> I understand I understand that. Okay, but right now we got to do step by step. Okay, so this is the first one. >> Yes or no? Will you submit the samples? >> I'm just scared that I'm going to be back. >> Okay. >> And it's so scary. >> Dom, I'm going to ask you one more time. The law requires you submit samples of your breath for testing. >> I'm just scared because I'm gonna be deported back. >> I need you to understand, okay? If you don't amorted back, >> I am listen that is not my department. Okay? I do not decide who stays or who leaves this country. >> That's the most important. >> That is that is that is not that is not what we're here for right now. >> Okay? That is not what I'm here to determine. And that is not even closely related to my job. Okay. What my job is is to enforce traffic laws and the safety of the community. Correct. And you were driving while intoxicated and I performed a traffic stop and that's how we got to this point. Right. That's as far as our relationship is going to go in regards to your >> legal status. >> I I 100 Listen, I can listen. I'll I'll never be able to put myself in your shoes. I can't I can't say I know how you feel, right? But what I can tell you, >> but what we need to do right now is get through this part of the process. Okay? So that's why I'm saying we're kind of worrying about the future, which is a completely valid thing to be worried about. Okay? I don't want to take that away from you, right? But right now, what you need to be focused on is what officer will talk to you right now. Okay? So again, I just as I just take you home, >> we I I will we will get you a ride home. I will get you home. Okay, I'm not going to destroy you out of the street. I promise you. >> I'm just so scared. >> Dumb from this country. >> Dom. Okay, I'm going to ask you one more time, okay? And then I'm going to just scared. >> Dom, please. >> I'm scared. [clears throat] >> I know you're scared. And I'm not here to try to be intimidating or threaten or make you feel like you're not in a safe environment. Okay? Scared. >> It's okay to be scared. All right? It's that's a human reaction is what you're having. Okay? >> It's okay, Dom. >> What if something happens to me and I get to report it back to the US in this country? I'm just scared. >> Listen to me. What's going to happen is if this is dealing with the municipal courts, okay? I will 100% make sure that they are aware that you might need to be represented by an immigration attorney, right? Because there's certain things that do happen, you know, with with with your status and citizenship, right? So, don't worry. There you will have >> Trump. This is not this scares [clears throat] me. I wasn't born in Ecuador. I was born here and that scares me. Please understand. >> I need you and I know. I I need you to understand though, Dom, >> that people Can Can I explain something to you real quick? It might put you at ease, okay? You are not the first person, listen to me, you're not the first person that is not a legal US resident to have been arrested for this. All right? And and in my experience, I have not seen them be deported back to their country of origin or anything like that. Okay? >> I don't know what will happen to me. >> Listen, you're going to be okay. All right? I I don't have any decision with the M, but but trust me, you have a good record, right? This is just anything. >> Okay, that's okay, D. All right. And >> listen, we're not I'm not going to I'm not going to do anything. All right, that you're, you know, that's going to make you worse in, okay? I'm not here to steal you wrong, guide you in the wrong direction. Okay? >> Yeah. Just a [ __ ] idiot. I'm so [ __ ] stupid. But I need you I need you to listen very carefully or else otherwise it's going to be counted as refusal. Okay? I'm going to read these again for you and I need you to answer a yes or a no at the end. >> If you answer anything besides a yes, I'm going to count that as a refusal. Do you understand? >> And what does a refusal mean? >> I'm going to read everything for you again. >> What does a refusal mean? >> I'll read everything for you again, D. Okay. You have been arrested for for driving while intoxicated under NJSA 39 col4-50. The law requires you submit samples of your breath for the purpose of testing to determine alcohol content. A record of the taking of the breath samples, including the test results, will be made. Upon your request, a copy of that record, will be made available to you. After you have provided samples of your breath for testing, you have the right at your own expense to have a person or physician of your own selection take independent samples of your breath, blood, or urine for independent testing. If you refuse to provide breath samples, you will be issued a separate traffic summon or ticket for the refusal. A court may find you guilty of both refusal and driving while intoxicated. If a court finds you guilty of a refusal, you will be subject to various penalties, including license revocation up to 20 years, a fine up to $2,000, installation of an ignition interlock, and referral to an intoxicated driver resource center. These penalties may be in addition to penalties imposed by a court for any other offense or which you are found guilty. You have the right to you have no legal right to have an attorney, physician, or anyone else present for the purpose of taking these breath samples. [clears throat] Excuse me. You have no legal right to refuse to give or delay giving samples of your breath. Any response from you that is ambiguous or conditional in any respect to my request that you provide breath samples will be treated as refusal to submit to breath testing. Even if you agree to take the test but then do not follow my instructions, do not properly perform the test or do not provide sufficient breath samples, I will charge you with refusal to submit to breath testing. I repeat, the law requires you to submit samples of your breath for testing. Will you submit samples of your breath? Yes or no? Dom, I need a yes or a no. >> No, I know. I know. I know. I know. You just give me like 5 seconds. >> Okay. [gasps] because I'm scared of what will happen to me and I and I know and like literally a part I'm just scared just please understand >> I understand you're scared okay >> cuz I was >> I listen I listen to me I could empathize with your situation okay but like I >> I know >> repeated we have to get through this okay before I could assist you in the the path that we need to take for What you worried about? >> We're We're past that. We're past that point down. Okay. The final time. If I >> The law requires you to submit samples of your breath for testing. Will you submit the samples of your breath? >> Well, I submit samples of my breath for >> testing. >> And then if I don't I'm just asking I can't say yes or no. Okay. >> Okay. I'm just asking. I don't want to like be offensive. >> I need a yes or a no. Listening. No. No. Listen, Dom. The next words that come out of your mouth is going to be a yes or a no. If it's anything other than that, I have to take it as a no. >> Okay. >> The law requires you to submit samples of your breath for testing. Will you submit samples of your breath? >> No. >> No. Okay. >> But what does that mean? Am >> your answer is not acceptable. The law requires that you submit samples of your breath for breath testing. If you do not answer or answer anything other than yes, I will charge you with refusal. Now I ask you again, will you submit to breath testing? >> Can I ask you if my options? I'm just asking. >> Your options are yes and no. Okay. >> If I say no, do I go straight to jail? Do I go >> This is This is the jail. >> We're here. Okay. >> Okay. >> Again, you said no to breath testing. >> I know. No, I don't know what the option means. >> And they say, "No, I stay here." >> No, you're going to go home tonight. Okay. >> And they say, "I don't know what to say." [laughter] >> Take a breath. Take a breath. Dom, take a breath. Okay. Your answer is not acceptable. The law requires that you submit samples of your breath for breakfast. >> Who should I say? >> Dom, I cannot give you legal advice. >> I I don't know what to say. What makes it easier for you? I don't want to be in trouble. >> I'll do anything. >> Dom, I appreciate you wanting to make this easier for us, but I cannot unfortunately provide you legal advice. I cannot make you make a decision sway you in any way. >> I just want to whatever is easier, I'll do anything. >> Okay, I'm going to read you again. Okay, you answered no to providing breath samples. >> Is that Listen to me. Are we going to get in trouble? >> It is. Listen to me. It is not a problem for me. Okay. >> Should I say yes? >> I cannot provide you legal advice. Don, for the last time, if you say, listen to me. [laughter] If you say anything other than yes, I'm going to take this as a no. Okay. The law requires you to submit samples of your breath for testing, your previous answer is not acceptable. If you do not answer or answer with anything other than yes, I will charge you with refusal. Now, I ask you again, will you submit to breath testing? >> What is charging for refusal? >> Question. I I cannot We can't keep going in circles. Okay. So, I I I I know, dumb. I I understand. I understand you. Listen to me. I know you have a fear that you're not going home tonight, but I I I'll reassure you again that you will be going home. Okay? Just real quick. >> Sorry. >> Just real quick, Dom. Dom, I want I want you to be able to stay in this room and not a jail cell. Okay? So, I need all jewelry and rings to come off. All right? Can you do that for me? >> Yes. >> Yes. Sorry. >> It's okay, Dumb. [snorts] >> This is the most horrible thing that could happen to me. [laughter] >> I look so hard. >> We're going to get you home. Okay. Now, Dom, I want you to start thinking. >> So, [laughter] this is the worst thing I could have done. >> Dom, listen to me. Is there anybody that you can call to come pick you up tonight? boyfriend, brother, sister, >> someone that hasn't drank. Keep taking your rings off while you're doing that. >> Yeah, but my phone wouldn't I need you guys. >> We have your phone. We'll help you. Oh, yeah. You'll be able to use your phone for the We need to use our phones for legal purposes. Okay. But I'll let you get to your contacts and look at that stuff. Okay. >> So, I'm literally so mad at myself. >> Dom, can you take your Dom? >> Dom, I need you to take your earrings out for me. Okay. >> Um, >> yeah. I I don't know the name of that top one. I forget the name of it, but you just got to take that up for me. So, >> okay. I've Okay, that's this one I can't do. >> Is like a is like a procedure. >> I've gotten surgery. I've gotten >> surgery surgically like in there. >> I've gotten no surgery. >> Okay, that's fine. That's fine then. Then can you get this one out? >> These two I can't but I can try. >> These are all going home with you. Okay. Just do me real quick. Just take uh you got to take the jean jacket off. Okay. >> Yeah. >> It's clear. I don't have any like this is a bra underneath. >> Okay. >> I'll do it. >> You always need it. >> Does it have any Can you take off your necklace for me? >> It's all cold. >> Yeah. I'll let you keep your It's It's all coming back. I've done everything. >> I just can't have any. >> No, I know. Jewelry while waiting. You You have to I know. I know. >> I'm so [ __ ] >> Just get that second necklace off for me. Okay. >> God, I I deserve this. Okay. Now, this is all going to be going back to you. Okay. Dom, it's all going right here. Okay. It's in your eyesight. >> All right. Just hop up on the bench for me. Okay. You're going to pop off those shoes. Just cuz they we can't have anything with like strings or anything. Okay. just refuse. >> I know, but u I thought you were punching stuff in. >> No, thank you. >> All right. Yep. You can have a few. Okay. All right. [snorts] Put this on here. Okay. Not too tight on you, right? You got room in there.