[Music] he what's going on so I was driving just land number one and this guy driving with the no lights on and off the radway that's when I I was like I already passed him so I pull over and then wait for him to pass me but he pass me and follow him and he's somehow driving on the shoulder and then correct on back on the L three okay got here talk to him smell old alcohol and have him step out that when I saw like a small bottle of banana 99 cent right on the floor and then I took out I uh do a quick pad he has like a what's the marijuana small little thing but he say two days AG go okay um headlights and TS off yes so no lights at all no lights at all okay and where' you see him at maybe Miles Ahead okay cool I going talk to him um what did You observe as far as so you saw open container the odor old and thenot has he been drinking he refused to say that he's been drinking cool do you have his ID oh yeah are you do you have his ID no you ID hi there good how are you Martinez M martinz come come talk to me yes sir let's go in front of my car [Music] all right s Martinez obviously those officer told you why they stopped you what's up with your headlights so I thought I had it on automatic okay where we coming from sanre you can s and you heading to S okay cool so they believe that you you may have been drinking because they from what they told me you had a open bottle of 9 bananas or whatever it was see on there they can smell it I smell it from you when I was walking behind you and now we're here also when you stood there for a quick second you lost your balance that's not normal I don't know maybe it's your boots I have no idea I've never seen you walk before okay so I think time time for you and I to be honest with each other okay did you anything more than that 99 Bananas thing that was all you had when did you have that one earlier today okay like when like two two okay so about 8 and a half hours ago why would it why would the odor still be present it's a strong drink okay that's fair it's I don't I don't I don't Dr that stuff okay is you had Al G yes sir okay obviously our job out here is make sure everybody makes it home safely right including ourselves okay stand right down my light just turn the face me what do we what you for living so I used to work Corrections okay had some hard times man lost my mom my dad and my sister Allin like two years kind of went off the deep end trying to find my way back and obviously screwed it off tonight never had any criminal sightings or anything like that okay apologize for you going through a tough time I mean I can't sit and say that I've been been in your shoes because I haven't okay but I mean I could only imagine how hard it would be okay obviously there's other other avenues I'm I'm not going to counsel you or anything like that you're a therapist but obviously you know I mean you you were going you going man there's other ways to to deal with I guess depression or stress whatever you want to call it right aside from possibly putting yourself and and or others in danger by possibly drinking and driving I'm not saying that that you're drunk that you were that you were out here doing that but it's possible right maybe you're heading down that path maybe you need a wake up call I don't know have are you are you are seeking help yes yeah okay we're good is it is it like through friends or is like actual help through church perfect perfect okay so put your put your your toes together your Sid up check your guys real quick put your on backwards real quick I know be silly or you put it there if you want no big deal so you had that one shot about 2:00 8 and a half hours ago you you you have no reason to lie to me no sir okay and then also marijuana you smok marijuana no I no couple days ago he found a joint that I had bought a couple days ago can't smoke cuz I'm trying to quit for job so a job uh security at uh un oh at the hospital nice sides okay any any major head injury any kind of traumatic brain injury see my finger right here follow my fingertip with your eyes only don't move your head this thinging is going to move for your left to your right it's fult the whole time [Applause] hey same thing I'm going go down now so you made all the way from from Santa here without your lights on I have automatic lights on but that's a far way to go I mean like were you around other cars yeah okay just some traffic gotta any problems walking bouncing or turning no okay so we got two more Quick Test Poss get you on your way can you walk find in those boots sure okay come over with me come over here you stand right there my light face that way put your put your toes together your sides Mr Martinez right now what I want you to do is imagine a straight line starting from your left foot to my right foot can you imagine a straight line yes yes sir okay the linewidth with of your foot which is about 6 in wide roughly do your favorite M Martinez on the that imaginary line place your left foot just like this want do it for me yeah got you your left foot first okay now place your right foot in front of your left T can hold the toe like I'm doing head at your sides right here do not move into I te you to do you understand yes or no sir so for that position when I te to begin and only when I te to begin you will take a series of N9 no toe steps down that line just like this watch me don't start it just like this one two two three I took three just to show you but you'll take nine once you take nine steps you'll make a turn keep your front foot planted with your back foot bring around like this taking serious small steps turning all all the way around and now you facing my police car Mr Martinez did you did you turn the Turning process that's did you understand the Turning process yes sir okay after you turn nine more he toes step down the same line like this one two three back down number nine Mr Martinez during this test keep your hand directly at your sides look down your feet while you count and count loud so I can hear you also once you start this test don't stop but you've completed it and don't forget don't forget to chill the toe I give lot instruction you have questions for me no sir do you fully understand okay look at your feet next up will be step number one go and begin you give me any instructions turn the back again I said keep your front foot P turn with your back foot hands 5 6 okay do favorite right down my light stand on my light stand on my light right there just stand on it and turn and face me put your he toes together head on your sides next test called the one leg stand when I tell begin I want you to use raise leg your choice either your left leg or your right leg approximately 6 inches parallel with the ground Mr Martinez do you know what the word parallel means yes sir do you know roughly how tall six inches is yes sir okay watch me I'm I'm going to demonstrate M Martinez my hands are sides what I'm going to do is sorry what I'm going to do is I'm going raise my left leg okay my left my left leg so my toes pointed my foot's about six inch par parallel with the ground which means level I dve my sides your footage raised you look down at it and count like this 1,1 1,2 13 1004 1005 1006 keep on keep on keep on Counting until you to until I tell you to stop counting during this test keep your hands directly at your sides right here look down the foot that's elevated and count so I can hear you once again live instructions have questions for me sir you feel understand yes sir okay Mr Martinez you can start when you want I'll tell you when to stop ,000 300,000 400,000 500,000 600 800,000 keep counting I didn't say stop 12, 13, 15, 16,000 17 18, take what stop m Tina remember I told you to look down at your foot yes sir but you're looking over there you mentioned you mentioned it was it was windy it's a little Breezy do you think you didn't do very very well because because of the wind or because of the breeze it's your determination to correct but I mean I don't know I don't know if you think it maybe you want to mention it was windy it's Breezy but it's not I don't think it's windy but that that's just semantics you know you might think it's windy I I might think it's Breezy or vice versa but yeah I'm I'm not gonna lie to you I don't think you did very well on these tests I'm trying to ask you do you think it was because it it's Breezy or windy I feel they had some effect but okay do you know alphabet yes sir can you count backwards yes yes sir did you go to high school yes sir College some some okay starting with the letter H stopping with the letter R we your alphabet forward don't sing them but say each letter clearly so I can hear you h i j k l m n e QR okay count backwards with number 58 to 43 58 to 43 58 57 56 55 54 53 52 51 50 49 38 47 46 45 5 44 43 okay so obviously that that part you understood right okay walk straight in front of my police car just walk normal face face that flashing light right there put your hands behind your back both hands behind your back keep them there Mr Martinez right now I'm about to tell you something very important you were under arrest for driving under the influence intoxicating liquor Andor drugs the meico and P 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 additional independent test you have the right to re opportunity to range for a physician a licensed nurse or liary tra traditional technologist who hospital or a physician of your own choice to perform additional chemical test the cost of this additional test will be pay for by the law enforcement agency which which is us the M State Police Mr Martinez do you agree to take our test I wish I I'm asking you for a breath test yes sir yes did you do a favor face me oh open your mouth lift your tongue nothing in your mouth just your teeth and tongue okay go and spit that out okay open your mouth again nothing else in there okay is there anything in your mouth no sir choose your teeth and tongue open it okay it's now 10:39 by my watch okay 5 not sure if they gave you the DL at this time go show that M 105 for 1047 and was read verbally agreed mouth is free and clear need a 46 come back with me Mr marz I'll give it to you okay see Miss Martinez fre copy 29 500 503 947 affirmative for the recording