fingers that's what you asked no what was it we're not gonna need an argument oh still works out mom but it wasn't on my face right i'm asking a question obviously okay we're done is it an answer you're done ma'am i'm not done okay you could continue i'm just i'm not going to argue with you it's like there's no point right now you know it's like arguing with the wall when you're talking with a drunk person it's arguing with a wall that's what it is [Music] so [Music] right [Music] [Music] [Music] what's going on i'm also at home with new mexico state police understand the reason why i'm stopping here okay you have no lights on no i have no lights on you're kind of drifting from left to right okay then your license registration is coming back suspended i guess because of insurance purposes do you have a driver's license your insurance is what your idea is you have it with you though [Music] okay can i see it you don't have your id on you do you have insurance anything literally nothing like that okay is everything all right okay it's already here okay what's your name what's that you know what's your last name hernandez um i'm gonna have you step on how to convince me on this do you have any weapons on you know he's gonna take the enemy no belt [Music] [Music] don't come over here for me please mr [Music] mendes going on tonight the reason why you don't have any lights on are you driving on the roadway um other than that no okay you said the water burner what whataburger you coming from someone right now it's h-e-a-r-a-g-r and and what's your birthday okay [Music] or anything i haven't had any [Music] to do okay [Music] [Applause] [Music] [Applause] [Music] you're gonna need to remain in that position there do you understand maybe start the tip of my right index finger with your eyes and do not move your head you have any questions no completely understand my instructions yes are you sniffing your mouth hold my finger with your eyes do not move your head you stand uh [Music] okay [Music] [Applause] please [Music] give me one second back to my unit a little bit give us some space and i'll see if i can find a jacket for you okay sit tight [Music] x last name fernandez common spelling first name robert robert lincoln adam date of birth 1990. we'll be 10 6 filled with miss hernandez [Applause] so so [Music] here's my jacket at least for now [Music] this wasn't supposed to be at night where i was supposed to be out in the cold i know i understand don't come over here four please play here so whenever you do somehow you put your hands through that the the arms yes ma'am so right here obviously this is not the flattest part you know it's embarrassing [Music] so listen i know this is not the finest thing there is uphill but i'm gonna do my best to give you the opportunity okay i'm standing right here on this side of the little crack facing your vehicle can you do me a favor can you put your feet together just like mine can you put your imaginary line on the ground from where your left foot is straight out in front of you to my right foot [Music] [Music] all right mr fernandez i'm gonna have you do is imagine put your left foot on that line take your right foot place it directly in front of your left foot just like that stop right there hands directly inside keep both feet planted on the ground for a minute i'm gonna have you keep your hands regularly decided you're gonna remain in that position there so i'm gonna give you all the instructions you will not start the test until i tired to do so do you understand yeah so mr hernandez that's how you tell you do so you're gonna take nine steps forward on this imaginary line you're going to look downward at your feet count each step out loud touch heel to toe and knee step your hands bring this side is all the time if you have any questions okay look i'm going to demonstrate this test it's going to look like this one one two three i took three steps you're going to take nine steps do you understand on your ninth step your front foot's gonna stay part on the ground with your back which is the opposite but you're gonna take a series of small steps just like this yes man [Music] like so one two three see how i did that once again i took three steps how many steps are you gonna take once you start distance you cannot stop until it's completed you have any questions no completely understand everything okay hold on i didn't tell you yet take your step back do you have any questions completely understand anything put your right direction for your left foot please [Applause] no questions at all go and begin um three four [Music] [Applause] and [Music] and continue with the test what you remember okay remember you had to take nice steps back three four five [Music] just stop right there if you're done face me put your feet together just like mine and then if you stay just like that you're not going to start the test time to do so do you understand yes well when i do tell you to do so you're gonna pick the foot of your choice could be your right foot or your left foot you're gonna lift that foot across six inches from the ground parallel and keep your hands inside both legs straight you're gonna look down at your raised [Music] it doesn't matter you said my choice yeah that's your choice so either you're right one thousand one until what one thousand what you're just gonna continue counting upwards by 1000 questions 10 30 40 i try to 15. okay so look i'm gonna demonstrate them and pick my rifle from the demonstration you see how i'm doing it i'm gonna keep your foot down for me please you keep your foot parallel to the ground approximately six inches from the ground do not point up this is parallel doomsday so do you want me to move or do you want to count because you asked me to put up my foot but then you want me to count yes ma'am i want you to do both okay so look i can't walk and have my foot pivoted nobody's telling you to walk ma'am okay no worries no worries listen you just said this is on you you i need you to yeah i need you to pay attention okay i'm gonna tell you exactly what i expected of you okay when i do try to do so you're gonna pick the foot of your choice either right or your left foot just like i'm doing i'm gonna pick my right foot off the ground you see how i'm doing it my right foot keep getting right yes ma'am you do okay so you're going to keep that foot approximately six inches from the ground you see how i'm doing it this is parallel to the ground do not point out this is parallel do you understand hands right this side both legs straight you're going to look down at your raised foot you're going to count and i'll command about 1 000 2001 1002 continue counting upward by one thousands and tie tiger stop can you count to one thousand how many one thousands i'm counting you're gonna count in the upper minute by one thousands do you have any questions no you completely understand everything yeah i'm just gonna go in again then one thousand one one thousand two one thousand don't pick your foot up the cheekbone left office [Music] 1014 1015 [Music] i'm gonna do an alternative you're gonna count backwards starting with the number 62 county backwards stopping at the number 47. is your jacket supposed to be something to me [Applause] i'm just giving you my jacket to make sure you're warm i'm out here freezing because you have my jacket okay okay so listen i'm going to have you count backwards down with the number 62 counting backwards stopping at the number 47. see starting what number 62 counting backwards 47. starting with 62. ending with number 47 saying each number out allowed to hear you have any questions no say it out loud please 21 16 59 58 57 58 57 56 55 54 53 52 51 50 49 48 47 46 45 40 43 44 43 okay 43 44 42 41 40 39 38 37 36 35 34 33 32 31 30 29 28 27 26 25 24 23 22 29 20. 19 18 17 16 15 14 13 12 11 10 19. [Music] there don't put your hands on okay back [Music] and do not move okay i'll let you just keep your jacket on until we get to the office okay yes ma'am at this time [Music] fernandez you are being arrested for dwi do you have anything that's going to stab you hopefully you'll hire me anyway no do you have any pockets no do you have anything in your pockets or anything your leggings or anything like that [Music] and i appreciate that okay but i don't think you should be driving right now i really don't okay and that's just me telling you straight up but i just passed everything you asked me how that's your personal [Music] them [Music] anything in between [Music] [Music] listen to me [Music] like a human being perfect i would appreciate that you're talking about appreciate that i'm talking to you like okay okay go ahead so while you're sitting here watching my burgers went down my nose your vehicle is going to get towed it has to be there why [Music] but i just passed everything you said to me and i haven't had anything to drink okay so i'm going to read you something no no no no no no no can i speak yeah i'll let you speak you've got babies i know you i know i know you want to sleep in customer care i know you want to sleep why am i being arrested [Music] [Applause] [Music] i'm asking you a question before you start sneaking up my nose in my mouth [Music] [Music] here [Music] put your left leg in and slide in basically thank you you want to lean backwards please turn on this pull me back please preached armored after base period at 2204 [Music] [Music] [Music] yourself [Music] [Music] no headlights [Music] the light is in the off position [Music] [ __ ] bottles yes ma'am i'll give you a phone call you just come over here snapping your little hands like you're so [ __ ] happy are you [ __ ] and that's serious you do when you cold you snap your little hands back and forth you come with jerky yes yeah damn i look like you just want a super bowl that's how you snap your hands when you're cold be back please be back walk over here i'm walking please we're not really on a communication type basis so you i need to read this to you it's very important i'm gonna need you to pay attention i'll answer any questions you have you haven't answered any until this point okay are you gonna listen to me are you gonna argue with me though okay whether you think it's an argument or not it's up to you it's your opinion listen to me i'm about to tell you something important you are under arrest for driving under the influence of intoxicating liquor and or drugs the new mexico implication act requires you to submit to a breath test to determine the alcohol content of your blood i'm not gonna do it after you take our test you have the right to choose an additional independent test if you choose to take this additional independent test you have the right to reasonable opportunity range for a physician licensed nurse laboratory technician or technologist who's employed by a hospital or physician of your own choice to perform an additional chemical the cost of this additional test be paid by the law enforcement agency which is new mexico state police do you agree to take our test no someone continuing 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 are convicted in quarter driving well another influence you may also receive a greater sentence because you refuse to be tested do you understand that yes do not agree to be tested yes no i'm not being tested okay someone can see your actions refuse to be tested this time as well as you're gonna be charged with aggravated dwi it's just how the state works do you understand and you go into the machine you get tested man that's it then depending on your best score will determine what your charges will be [Music] you don't have to answer right now um i'll give you another opportunity i know you initially stated no so i'll give you another opportunity here in a few minutes a few seconds okay so think about it a little bit can i call my attorney unfortunately not at this moment um i could read you that portion that states right here says your right to speak into an attorney or remain silent does not apply to the requirement of new mexico law that you take a breath test do you now agree to be tested what does it say one more time it says your right to speak to an attorney or remain silent does not apply to the requirement of the new mexico law that you take a breath test if you now agree to be tested [Music] oh yeah yeah oh yeah that's fine why not [Music] uh [Music] what's that after you can make it i'm gonna give you a phone call you can make a phone call so mrs hernandez what i'm gonna do is i'm gonna enter your information to this machine this is intoxilizer 8000. this is what i was asking about do you agree to take the breath test you stated no then you stated yes and you didn't know and you stated yes i don't know what you're trying to intimidate so due to the fact that you said it multiple times um i'm gonna still give you the opportunity to provide a breast symbol into this machine i will tell you when you are able to provide a breath sample at that time you tell me no we'll see you to the machine times out usually takes about three minutes or so my name is about with two large not one okay [Music] [Music] [Music] so listen ma'am i enter your information to this ir 8000 this is intoxilizer this is a breath test okay like you said you said no you said yes you said no then you recently just said no okay so i'm giving you the opportunity this is the fresh mouthpiece still on both sides i'm not going to open it until it's up to you until it's up in front of you okay so at that time it's time to provide a breast sample if you choose to cool i'll walk you through on how to do it if you say no we'll see here until the machine times out usually takes about three minutes and ultimately you're gonna get charged with the aggravated uwi that's just how the state works do you understand that you have any questions cool [Music] so [Music] so [Music] what does that say on the this screen where you can blow a provided breath sample into the machine do you wish to do so i answer your question okay we'll see here to the machine times out it usually takes about three minutes now what's that i thought you had a question is there a camera on me mhm [Music] why wasn't it higher when i was talking to you face to face my entire career ma'am on your belt but what about when i was talking to you at the face i don't know what you're talking about are you talking about on this side of the road yeah yes it was still on there's actually another camera vehicle why wasn't everything don't worry it's all documented don't worry you were doing a a little finger test on me weren't you so where was your finger on your belt uh on your face near your face right your belt was my finger that's what you asked no what was it we're not gonna need to argue about camera oh still where it's at mom but it wasn't on my face right okay i'm asking a question obviously okay we're done is it an answer you're done ma'am i'm not done okay you can continue i'm just i'm not gonna argue with you it's like there's no point right now you know it's like arguing with the wall when you're talking with a drunk person it's arguing with the wall that's what it is so i'm as drunk as you are sure because you have a badge above me no ma'am i just want to know where your camera was when you were recording me doing your finger test okay was it not being recorded my your finger wasn't down there my face once and down there when you were recording me why aren't you trying to record me right now when i'm talking to you go ahead man there it is i found so drunk and so belligerent why can't you talk to me like obviously you don't understand that you were recording my finger [Music] that's the machine timing out with no sample introduced would you like to make a phone call ma'am yes you're going to be able to utilize the apartment phone you have basically two minutes to call somebody and let them know where you're at tell them you're alive you're going to be going to jail and to be standing by for at least a phone call when you get out in a couple hours hopefully eight to ten hours you'll be out and be able to get released you know the phone number that you need to call are you gonna use my phone to get it yeah i'll give you an opportunity to use that phone i know you want to use the phone or not man because it's going with you so it will be left inside the vehicle when it got towed so you're going to ask more questions that's fine i'm 100 answer them but i'm not going to be disrespectful i can ask you so do you want to use your phone or not me asking questions is disrespecting you obviously you don't want to use your phone right yes turn it off i want it called general i want to call and then i get a coffee called jaylen [Music] till then we'll try again here later on when you calm down okay you