[Music] [Music] pull over [Applause] you're ready for 28 boy Tom William Lincoln 32 boy Tom William Lincoln 32 hey man you were hauling ass back there yeah we're just trying to get home right yeah yeah I know I'm sorry hauling ass heavy traffic there wasn't really traffic I mean there wasn't really tra get out of the car get your license registration insurance and get out of the [Music] car come on you got your kid in the car you driving like that no you need to knock that off cuz I could arrest you for reckless driving okay I'm sorry cuz you want to haul ass and all that traffic apolog huh I apologize step out you can look for [Applause] the here give him the paper step out I'm going to back on you up a little bit come in this way hey man I can smell alcohol you've been drinking a little bit yeah I'm I'm coming in the park and I was just sweating you're coming home from what I I'm come from the park from a what the park Tri Park yeah alltown Park drinking uh I was earlier but like when did you stop like maybe 2 hours ago 2 hours ago how much did you drink uh just a toen two tokens and that was it just two tokens that's it yeah talk hands of what uh uh but light that's it that's it that's it yeah so how do you feel I'm okay I mean I'm I'm feel a little buzzed or what no that's why I went to the park just to sweat it out you sat at the park to sweat it out no I was playing basketball at the park cuz your eyes are all bloodshot watery I can smell it I can smell it when I got to the truck and then when I went to the other side I could smell it off coming off your breath yeah no but it was earlier yeah that's like two 2 3 hours ago okay well we're going to see if you're okay to drive okay okay as long as you do well on these tests you'll be you'll be okay to drive okay okay so we're going to run through these tests to make sure that you you can drive a vehicle safely okay does that make sense yes okay here you can just stand right here real quick I'm going to switch my lights so it doesn't blind you or nothing 546 56 I have a DL out of New Mexico when you're clear good oberved an notor of alcoholic beverage uh he admitted to drinking I'll be a 106 with Fields John all right so we're going to do these uh we'll try to find a nice flat spot I know I was trying to get you to stop on I40 but you kept driving yeah I know I just want want be the the the mainway okay here stand right here and then face me face me put your feet together arms at your side okay so what you're going to do is you're going to follow the tip of my finger do you see it yeah you look at it the tip of my finger we're just using your eyes only do not move your head side to side keep your head perfectly still and move your eyes the left so I have to okay try try with just your eyes only do not move your head so feet together arms at your side all the way together there you go ready I'm going to go all the way out so you're going to follow it and just focus on the tip of my finger okay ready ready [Applause] [Applause] keep enough keep keep focusing we'll do that one again okay ready all right okay now I'm going to go up a couple times okay ready okay all right so now we're going to do uh the walk and turn do you have any issues walking or anything like that standing on one leg or your balance or anything like that the vertical it kind of Misses my balance okay and I have have paperwork for but I don't have it on me right now so I had I do take medicine for the for like you know okay so we're going to try we're going to try to do these tests okay so what you're going to do is you're going to stand like this okay I I don't feel comfortable you using this line because yeah the traffic traffic I don't want you to get hit so just imagine an imaginary line okay right in front of you towards your truck yeah okay and that line is the width of your foot okay so you got to stay within that line yes kind of similar to the line over there but right in front of you so the width of the line is the width of your your boot okay okay so this is what you're going to do so you're going to put your left foot on that line okay yeah you're going to put your right foot in front of your left foot heel to toe just like so keep your arms at your side yeah okay say so you're going to get in that position go ahead okay so it be like just like this no no no yeah so you got your imaginary line right the width of your foot okay put your left foot on that line okay yeah so we're going to go like this and then put yeah we're going to do nine hero steps and then turn around do nine HTO steps but don't start the test until I tell you to start okay okay do you understand yes okay so go ahead and get in this position that I'm in with your right foot in front of your left foot heel to toe yeah see like the vertical so I don't have my I don't really have balance okay just try to do your best okay so we going go here so yeah so keep your arms at your side stay in this position and until I tell you to start the test so what you're going to do is nine hit or toe steps along your imaginary line okay you're going to turn around and do nine H toe steps all the way back okay I'm going to show you how to do the turn okay so what you're going to do is you're going to be go ahead and get back in that position the starting position so it's going to be like this I'm going to do three he toe steps so you can see me do the turn and then I'm going to do three h to 12 steps back okay okay so whenever you're doing the steps count out loud one of your steps and look down at your feet for the whole duration of the test do you understand and keep your arms at your side yes and make Heel To Toe steps okay so it's going to be like this one two 3 once you do that first ninth step you're going to keep your front foot planted on the ground you're going to bring the foot that's behind it which should be your right foot out to the side once you do that you're going to turn towards your left in a series of short steps tur yourself completely around once you turn completely around you're going to continue with the rest of the test one two three but you're going to do nine hitoe steps do that turn I just showed you and do nine H toe steps back and you want make count the N count each one of your steps so okay 1 2 3 4 5 6 7 8 9 look down at your feet for the whole duration of the test keep your arms at your side okay okay do you understand all the instructions yes let's see if you can go ahead and get in that starting position like the ver yeah let's just try it okay so right foot in front of your left foot heel to toe okay this the starting position okay so are you ready no no no get in the starting position starting position once you're in the starting position I'll tell you to begin the test okay you understand all the instructions right yes go ahead and begin hey what you working on 542 47 can you go ahead head that way please sir go ahead and begin okay one ver so once you start the test don't stop until you're done okay so just try to do your best if you step offline just try to get back online and do the rest of the test okay okay start now yeah go ahead and begin 46 104 I'm in the middle of uh Fields thank okay you want to try that one again you want to try it again yeah I yeah try it try it again yeah cuz like I said I just came in a park and you know yeah try try it try it again okay so right foot let's let's back up a little bit though right here so your left foot on your imaginary line that's the width of your foot and put your right foot in front of your left foot heel to toe okay so are you ready to begin okay you understand all the instructions yes okay go ahead and start go ahead and begin one 2 3 4 5 6 7 9 okay so now we're going to do the one leg the one leg stand okay uh so just stay right here stand right here and then uh do you feel comfortable facing my unit or facing this way uh I I mean by facing unit cuz like you know like I said the vertical kind of messes my so you want to face my unit yeah so I can the light's not bothering you kind of do okay got you all right so for this one you're going to stand with your feet together and your arms at your sides so whichever foot you feel most comfortable to lift off the ground you're going to lift up approximately 6 in off the ground okay you're going to keep your foot par your raised foot parallel to the ground whichever foot you choose you you can choose your right or your left I'm choosing my right but you can choose your right or your left you're going to keep both your legs straight you're going to keep your rais foot parallel to the ground don't point it to the sky like that don't point it down like that okay keep it parallel approximately 6 in off the ground once you're in this position you're going to look down at your raised foot keep your arms at your side and you're going to count a sequence like so 1001 1002 13 1004 1005 1006 17 1008 1009 100 10 101 and so on until I tell you to stop okay do you do you understand yeah well try to do try to do your best here I'll get out of here try to do your best well if you want to move over here where it's flatter okay no it's it's just my vertical I get DIY that's why that's why I go to the park just to you know just try to try to make myself you know uh you don't think you're just a little drunk still or no no no I'm not drunk you're not like plastered but all right so I you want do a breath lier we can do that too I mean I'm not I'm not drunk you want to do a breath lier yeah cuz I'm not drunk I mean like I said I I Dr maybe 3 hours ago but then that was only like two be that that was okay I got all right so so look I saw enough so turn around for chance my your can come my son yeah hold on how old is your son 13 yeah all right what do you got in your pockets anything wallet my wallet wallet phone let's go this way anything in this pocket no go this way then uh sorry I'm trying to guide you so you don't fall and then uh just have a seat can we have a seat seat the front no have a seat not yet have a seat get all the way in it's going to have to scoot in and your son is 13 yeah okay watch your watch your 546 andom 46 incom 546 tencom I'm going to have that uh subject 1015 for 47 his uh 13-year-old son is in the vehicle with him I'm going to see if uh I can get a hold of his mother 546 income 546 you get my last sorry that 15 104 uh okay so you are under arest okay so with that you have the right to remain silent anything you say can be used against you in court law you have the right to an attorney if you cannot inform one one will be provided for you by the state do you understand all your rights okay so now I got to read you this so listen to me I'm about to tell you something important you are under arrest for DWI 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 the right to a reasonable opportunity to arrange for a physician a licensed nurse or laboratory technician or technologist who is employed by a hospital or a physician of your own choice to perform an additional chemical test the cost of this additional test will be paid by law enforcement agency do you agree to take our test yes I told you read okay I just got to read it to you okay okay so you agree to be breath tested yes okay 546 ccom can you send me a 46 uh New Mexico andly consenter byis he was read he agreed to be tested 206 and Los with Mex David 76 black in color six losos L 566 go great 20 or 2003 shvy it looks like it's suspended expires in December suspend Insurance yeah hold on hold on hold on hey so your dad was arrested for DWI he's been drinking smell on no I found the reg okay you couldn't smell the alcohol on your dad's breath really huh anyways you need to call your mom to come pick you up okay and you're 13 right what's your uh what What's your uh what's your name my or your phone not no your social security number you don't know it okay St hey what's up up was uh I told him to call you calling your mom right yeah he's 13 I can wait here if you want me to trying to get pulled over on but then he took thanks app 546 income 542 is going to stay with the vehicle and wait for the mother to pick up the child I'll be in out to the 81 for breath test booking paperwork can you uh mark my debt Period start at uh time of arrest Depot time of arrest Che 2 566 you walk 66 so he's me confir 6566 you want know uh that other officer is going to wait for his mom he's going to wait for his mom to come get him huh yeah it's getting towed Sergeant asking to and do you need assistance uh 23 her son's in a vehicle now if the one's confirmed um he's going to just take the vehicle as long as the 41's okay with it can I call my wife or yeah once we get to the office I will let you use your phone and call your wife okay okay I just want to call right now just so she can call I told your son to call his mom right okay that's your wife right yes his mom so it's it's being taken care of okay4 what in the SOS or think it's it's going to be6 10 appreciate you guys I'm going to be 6 the can you double check make sure Lo me under oh actually I got to do a coups Che 566 or 514 you know his words confirmed 57 I fre West 160 New Mexico boy Frank Char Char 49 hey that uh that DWI on your driving record back in 09 was that a conviction or was was that a conviction hello oh um thank you careful hello there streer bro I think I got three stops with three arrests Dr czy got 15 to 41 actually start my dip what lieuten Carol's First St yeah stepen yeah huh I didn't put that in the cab oh wait 1958 ready hey that last DWI that you got was it a conviction or just an arrest here go ahead and step out you weren't convicted no no okay yeah that Wasa it like back in 2009 uh oh yeah yeah uh we're going to wait a few more minutes so just have a seat in there for now sit on one of the benches can I come my wife real quick yeah after we're done with the breath test and all that and then I'll get you some water I'm going to wait a few more minutes just to be save 20 21 and then for 13 and over it's just the one charge right 13 and over yeah you can just charge them once just driving while into toxic with the miner in the vehicle no so if they're 13 and over it'll be the felony oh so charge them with felony child abuse oh okay gotcha so then charge them regular DWI and then the yeah the regular DWI depending on what he yeah yeah yeah regular child view and so if he was 12 then I would do the other the other one right yeah okay gotcha I go ahead and start it all right so let's do this uh breath test real quick if you want to just have a seat uh right there let have a seat yeah right there do a new mouthpiece that can you listen little bit I'm not I'm not you know I'm not being yeah hold on one second last name first name John yes John James James data birth 253 okay ready take a deep breath keep BL keep BL keep BL keep BL keep BL keep BL keep BL keep BL keep BL keep BL keep BL keep okay stop you just got to do it one more time one more time in the machine and then I'll put you back in there just put one arm to the bar and then I'll let you use your phone and call your wife okay thank you yeah one one more breath and then I'm going to loosen okay ready keep going keep going keep blowing keep blowing keep blowing keep blowing keep blowing keep blowing okay stop so 3.29 what is it 3029 that's high what's the socio again okay let's go in here and I'll loosen the cuff let you use your phone and all that stuff okay see which hand do you want for you right yes right hand yeah oh I'll get you yeah so you were way you you were actually over three times illegal in it that's a lot of alcohol man two can and you only had two cans and you're that high n man yeah cuz I came from my son game oh went the par yeah okay cool yeah just call your wife or whoever you need to call I I'll be doing paperwork so it's going to take me a while you want some water yes please okay it's actually what's case number the