I was never driving you are detained you're not free to leave okay the way you're acting is for what for what for duy for what it's a simple basic experience would you like to read it maybe that will help you [Music] [Music] n [Music] [Music] how are you hi how's it going tonight good how are you good hey I'm stopping you for a couple reasons first your driving behavior on the interstate you're following Too Close you're speeding okay do you have your driver's license yeah is this your vehicle yes I'll look at your insurance your registration okay what do you need is it all in that one pocket is it registered insured all that good stuff y perfect did you just buy it yeah nice so I'm showing expired uh insurance is it valid it's up to date looks like it expired about week ago oh yeah it should be up to dat just it's all up to dat okay let me get you up to dat it is up to date though yeah okay Miss Bradley yes I'll have you step out we'll go back here and have a conversation about your speed okay um I'd rather just stay in okay that's not an option so Miss Bradley I'll have you step out we'll go right back here um I'd rather just that's not an option okay why are you having me step out so as I stated earlier you're speeding you're following too close on the interstate I'm concerned with your driving behavior okay I'm going to be issuing you citations to do that you're going to have to come sign them back at my patrol vehicle I've never had to do that before okay just come Qui go ahead and step out ma'am everything's fine any weapons on you no okay go aead and step out man I'm going to stay in the vehicle 545 send me another Miss Bradley go ahead and step out any are right back here please why are you so hesitant to step out of the vehicle just don't think there's a reason okay so I'll just tell you right off the bat there's Supreme Court case law that you have to when I ask you to okay okay it's not even debatable okay I didn't know that Miss Bradley I'll have you come back here and stand in front of my car okay right back here where where you headed tonight uh I was taking my friends home okay coming from where uh from my house got you so Miss Bradley there is a heavy presence of an alcoholic beverage odor coming from within that car okay now that I'm standing this close to you I can still smell it okay how much have you drank tonight nothing why can't I smell it coming from your breath I don't know I'm asking you I don't know you have no idea why your breath smells like alcohol no okay so why is the inside of the vehicle smell like alcohol I don't know who's been drinking I don't know okay I'm just asking cuz your drag Behavior has me a little worried okay okay I don't know if you noticed on poo back there right before I turn my lights on you almost hit the medium about half your vehicle was over the lane dividing line okay did you notice that no okay I'm still smelling alcohol coming from your breath ma'am how much have you drank tonight nothing that's the story we're going to go with yes okay I'm going to have you stand in front of my car you could take me in I'm not going to do anything what does that mean that means you could take me in I'm not going to do any anything okay so we're not we're not there yet okay okay so I'm not going to do any field sobriety I'm not going to do it so you could take me in okay if you want to so I don't want to okay I don't want to do anything Miss Bradley last thing I want to do is Metropolitan Detention Center for 5 hours trying to get someone booked into a jail okay that's the last thing I want to do tonight I agree with you so if you're safe to drive I'm not even going to give you a speeding ticket I'm going to put put you back in the car you'll be on your way to drive okay to do that I need to check your eyes okay I'll have you stand in front of my car I don't want to do it you could take me in for whatever you want to take me in I'm not going to do ity I don't want to take you in okay I agree with you I don't want to go in but I will let you take me in I'm not going to do it okay so I don't want to take you in that's what I'm saying but as I'm speaking with you there's a heavy odor of alcohol coming from youre whatever whatever you say that's what I'm saying okay I'm not going to walk and I know what I smell okay and I know I haven't been drinking tonight okay so why would I smell alcohol standing this close to you I don't know why are your eyes red and blood shot I don't know Miss Bradley I'm just asking you simple questions okay I agree you've been hesitant with me the entire time I've been with you you didn't want to get out of the car at first now that I have you out this is where we're at okay okay so I want to run you through some tests tonight no I'm not going to take any tests you could take me in I'm not going to do the field for test why is that I don't want to okay take man well like I said I don't want to take you in okay well I would rather you just take Nan I'm not going to do it okay it's my check on right I don't want to do it would you at least let me check your eyes no I'd rather have you arrest me like I said Miss Bradley I don't we're not there okay arrest me so Miss Bradley you wreak of alcohol okay you're slurring your speech that's your opinion how much have you drank tonight nothing take me in I'm not doing any of your tests I just want to check your eyes that's all I want to do no take who's in the vehicle at sober enough to drive I don't know including you I don't know you don't know if you're sober go security guard if I provided you a breath test tonight I don't want to do one would it blow zeros gates in the M Bradley you're being very difficult yes sir I just want to check your eyes no why is that want to do any test okay well your balance was a little weary when you got out of the car okay heavy odor of alcohol as I'm standing right here that's your opinion your eyes are bloodshot the red that's your opinion you're acting little belligerent okay your driving behavior is crap okay you're speeding following Too Close weaving in and out of traffic you failed to maintain your lane back there on poo okay so let me check your ass no okay Miss Bradley stand right here don't move do you have anything on you you shouldn't no take one step back widen in your stance widen in perfect you have a cell phone and wallet you want to go with you tonight um yeah where's it at in the car okay is there anything in your bra that's going to hurt me when I check it no okay Miss Bradley walk around the side of my car have a seat for me so as I'm speaking with you right now it's 10:34 or 2234 hours okay listen to me I'm about to tell you something important you're underr for driving well the influence of intoxicating alcohol and or drugs 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 our test you have the right to choose an additional independent test if you choose to take this additional independent test you have a reason you have the right to a reasonable opportunity to arrange for a physician a licensed nurse or laboratory technician or technologist who 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 agency which is the New Mexico State Police do you agree to take our test no Miss Bradley 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 also if you are convicted in court of driving while in the influence you may also receive a greater sentence because you refuse to be tested do you understand okay your right to speak speak to an attorney or remain silent does not apply to the requirement of the New Mexico law that you take a breath test do you now agree to be tested is need a yes or no so I lose my license I can reread it to you again when we get to where we're going but at this time I just need a yes or a no if you're going to provide a breath sample tonight well I have like my driver's license yes ma'am so I'm going to read read to you one more will I have my driver's license I'm going to read to you one more time okay I cannot force you to take our test but if you're refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you are convicted in court of driving well the influence you may also receive a greater sentence because you refus to be tested do you understand that no your right to speak to an attorney or remain silent does not apply to the New Mexico requirement this to the requirement of the New Mexico law that you take a breath test do you now agree to be tested I still like do I have a driver's license if I refuse so this is how this works you're being charged with DWI tonight if you refuse you have 20 days to contest the revocation of your license basically a civil hearing okay you'll go before me I'm going to testify to everything I saw tonight you're going to testify to everything if you want to testify and at that point you will lose your license I just need a yes or no if you're going to provide a breath sample tonight ma' yes okay what's in your mouth ma'am nothing just your teeth and your tongue what was that ma'am not lose my Chapstick chapstick is going to go back in your car okay it can't go with you tonight did you get my phone I will 545 ol let me know when you're clear for 49 you need stay back over here yes 54 545 2234 hours 10:15 104 7 mouth free and clear on my watch 2234 start me a 46 and the ICA was red she agreed to be tested care did one of you grab her phone or wallet what was that no purse she's requesting her phone to go with her tonight so she can make a call I can you tell her I already called Erica okay well she wants to call someone she want her phone her a phone and you said you have her wallet yeah she want it off I'm just going to take like the wallet part of it that way if she's released tomorrow she'll have some money to do something no a light just give her the little purse can she take the the purse can't go they got strict rules wallet in there is there a wallet in the in her car I'll double check did you grab the keys also no I didn't get keys okay you can hang out right here thank you ma'am now [Music] sit down don't call security dispatch see someone on duty with that where's your key your key fob is it on you probably is it in a pocket I searched you I didn't see anything do you usually keep it on you might be in my purse it's in your purse okay and then is that fire arm in the vehicle yours I don't want to okay I don't know can I who's gun who gun fine okay I I uh can I get that you've been drinking tonight I have been we're going to inventory it it's going to stay in the car um I'm not going to give someone that's been drinking a gun because that's a violation of our St State Statute what's the state statute that that covers that uh unlawful carrying of a firearm anyone that's been consuming alcohol cannot carry a firearm okay okay so we're going to inventory it somebody gets it before that vehicle is to and they receive that if they have not been because it's not going to be inventory it's going to be inventory in the vehicle so it's going to stay inside the vehicle it's going to be documented we're not seizing it we're not putting it in safekeeping we can do that too and then you have to go and do a whole process of how to get how do I receive it she gets out tomorrow to pick up the vehicle and get is that what it was she just I know she's being ass M at is that what it was she was just ref so this is thing she her drive her driving was crap okay she's speeding on the interstate she's failing to maintain her Lane she gets out she almost Falls over her balance is weary she reeks of alcohol her eyes are bloodshot watery all the signs of alcohol consumption and then she refuses like I said like I said if she was fine I was going to let her go tonight but she refused all we'll go through the whole process get out you have 30 days to do that or it gets destroyed you want to do that I just want to know and I just told you I'm not going to she's not she's not being arrested because she's a dick if that's what you're asking and everything like one can we get her out like what's the process what can we do as long as she doesn't have prior convictions of DWI she's going to get released at about 8: a.m. so we can do that that's why I took her phone she'll have someone to call to come pick her up okay she says her key fob is in that purse will you check cuz I don't want the tow driver to drag the car [Music] we're going to take it it's going to go with her property 545 clear for fire okay it's going to be a spring field 9 mm Henry Edward 94079 and then if you would just make a note that firearm has been made safe and it's going to be stored and inventoried on the toe it's going to go with the car tonight [Music] 59 said just look left he sees you and you open the gate I'm good if you want to roll are you sure you lock out the TRU step out for me we're going to go right over here have a for for [Music] I'm not going to blow okay [Music] that's for so Miss Bradley I'm going to run this machine as if you were going to tell me yes okay the reason I'm doing that I'm going to give you a secondary opportunity to change your mind if you do change your mind let me know at that point I'll put a brand new mouthpiece on there you can provide a breath sample if you still decide to not provide a breath sample tonight this thing's going to sit here for about 2 to 3 minutes at the conclusion of those 2 to 3 minutes it'll make an audible tone at that time you'll be charged with aggravated DWI which is a stiffer penalty in court okay so it's up to you we'll be here regardless just proceed on I'm not going to do it this is the process okay so we'll sit here and be awkward for three minutes so with it being on Friday night like when will I be out not till Monday uh I believe it's 24/7 over there so you'll see a judge probably 2: a.m. 3:00 a.m. and then be released if it's busy I'd say noon if it's it's not busy it's at 8:00 a.m. so Miss Bradley right now is that time are you going to provide a breath sample no okay so we'll sit here for a little bit you want to have my call like how do I get out do you have any prior any felony history felonies no okay depending on what your criminal history is if you're fine they're probably just going to release you on your own recognizance if you're some crazy felon that I don't know about they're probably going to hold you tickets where's my car I don't know yet I'll give you that information by the time we leave here sounds like your friends were a little I want say aggressive but apprehensive unseen so that's why we left and then uh when that's taken care of we'll figure out where your car's going but that firearm was not my I don't someone owned it I'm not saying it's yours I just don't so I don't want that to be charged from no you're fine so it is what it is we're here um I'd say you got maybe a minute left if you're wanting to provide a breath sample tonight okay you told me you had nothing to drink right now would be that opportunity to prove it you're a nurse what do you do so you're like a a radiologist radiologist there you go what happens here so we'll be here maybe 20 minutes you're going to go it's early in the night so you're going to go sit at a transport Center I would say for another hour or so and then you'll be booked into the Metropolitan Detention Center tonight okay do Bradley stand up for me do you need the restroom come on in I'm going to grab a bag just hang out for a minute I'm going have you stand right about here and then face this wall I'm going to take those cuffs off for you I'm going to look anyways but you kind of hesitated when I asked if you had priors have you been arrested for DW before yeah how many times one okay so then this will be an aggravated second charge tonight okay I need you to take your jewelry off where was your last one Vegas New Mexico or Nevada Vegas Nevada New Mexico New Mexico usually people say sorry Vegas is Nevada it's a long time ago more than 10 years I think it's like 2015 okay but you see felonies that's not a felony yeah well DWI aren't felonies until they're the fourth charge so does your nose ring come out no okay take your hair pins do you have piercings anywhere I know so you have to take them out so we have a restroom over here I'll walk over there's a camera I want to be decent I don't want all the dispatchers seeing your privs