[Music] d how are you hi I'm fine everything okay tonight yeah everything's fine okay so when I was on the interstate behind you you completely went off into the shoulder and then I got behind you you were speeding you're doing 76 on the interstate okay any reason for that I I apologize I don't think I have a reason for that I'm sorry okay do you have your driver's license ma'am I I actually don't I only have my passport I can go home and get my driver's license I did bring in do you have a driver's license though I do have a driver's license you're validly licensed and everything whose vehicle this is my vehicle registered to you and everything register okay can I see your um insurance registration time you're all right is it registered and insured and everything yeah it is I've been giving you my insurance on my phone what's your name sh we'll make it easy I'll have you step out we'll go look it up on my computer sure yeah that way you don't have to fum I'm on the phone with my husband right now okay Christopher let me call you back in a little bit okay okay [Music] anyways you're a jam in yeah well so I'll just have you step out we'll look it up okay that way we're not out here all night yeah just step out I've already asked you two times oh as I'm standing at that car door I can smell alcohol coming from within how much have you drank tonight I have two glasses of wine at a restaurant with my friend okay so you had two glasses of wine when we're talking a glass of wine I'm not a Wine Drinker how big is that it's a regular glass of wine as if a bartender would show okay would you say 5 oz 6 oz 8 oz would you know off the top of your head I I wouldn't know no okay so you had a couple glasses of wine I had two glasses of wine at a restaurant with my friend yeah about how long ago uh I don't know what time is it now 2 hours ago at this point yeah okay anything else besides that wine no you haven't smoked any marijuana no absolutely not no prescription pills no Okay the reason I asked that question is your eyes are red bloodshot and they're watery okay okay so just judging by your driving behavior I'm still smelling alcohol coming from your breath as I speak with you I'm going to run you through some tests tonight okay I'm going to have you stand in front of my car okay can I take off my jacket is that yeah you can just put it on on your trunk my husband's probably going to come over here do you want to take your jacket off uh no uh can I take my shoes off at least well we'll get to that okay right now I just want to check your eyes I'll have you stand in front of my car okay all the way in front of my car do you see where my light is yeah stand right on that light Miss Shiloh face me tonight are you wearing contacts no any reason I had trauma no you haven't hit your head in the last I don't know a couple weeks or so no sir no traumatic brain injuries no okay stand like me toes touching feet together Arms by your side tonight what I want you to do is I want you to stare at the tip of my finger okay where my fingerprint is okay I'll be going back and forth a few times don't move your head throughout this test just stare right where my fingerprint is moov in your eyes and your eyes hold me all right you understand mhm any questions no sir okay so my finger just your eyes all right ma'am I'm going to be asking you to do some walking turning and balancing tonight do you feel comfortable doing that in those shoes no can I take them off sure 545 also is it okay if I call my husband is Shiloh correct what's that is it okay if I call my husband he's right across the street right now I just want you to take your shoes off and we're going to proceed okay yeah this next test what you're going to do is you're going to Sor it's like cold little chilly yeah okay you're going to choose a leg of your choice could be your left it could be your right okay tonight you're going to lay you're going to lift whichever leg of your choice off that ground your foot is going to be about 6 in off the ground your foot going to be parallel with the ground your arms are going to be by your side you'll look down at the tip of your toe and you'll count in 1000s until I tell you to stop watch me 1001 1,002 13 1004 continuing so on and so forth until I tell you to stop do you have any questions no you understand the test ma'am go ahead and be good say m sh stop for a minute did you understand my instruction do I need to look at my foot you look at your your tip of your toe your arms are going to be by your side and you're going to count in 1000s okay sorry I'll give you another go go ahead me go ahead and pick up where you left off ma'am just keep going Mich you can stop can I stop okay can I say I failed no you I'm not saying it's pass or fail I'll have you put your shoes back on okay no that's I I I I failed sure like can I just like call to get like somebody call to my car and then you can take me to the Jael well I'm just going to have you push your shoes on we'll address everything in just a minute okay okay just place your shoes on for me please place your hand behind your back okay sorry yeah so I'm speaking with you ma'am it is 0050 hours or 1250 have a seat for me please what's in your mouth ma'am nothing just your teeth and your tongue okay so listen to me I'm about to tell you something important you're underr for driving well under 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 if 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 range for a physician a licensed nurse or laboratory technician or technologist who employed by a hospital or a physician of your own choice to perform an additional chemical test the cost of this 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 so 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 wall on the influence you may also receive a greater sentence because you refuse to be tested do you understand that yeah okay your right to speak to an attorney or remain silent does not apply to the dexco requirement that you take a breath test do you now agree to be tested no okay B I'm going to take your actions as a refusal to be tested any weapons on you anything I need to know about no you're obviously not wearing very much so that's why I didn't search you 5:45 s all 0050 1015 1047 mouth free and clear New Mexico ICA was red she refused to be tested how are you hi how's it going good who are you her husband weird so it looks like it's a step dad's car okay it's a firefighter try get call let me get her 15 minutes I you're all right with it okay she refused so if you want to clear I'm good what thanks SE uh can I talk to her no at all she has her phone in a minute when we get to where we're going she'll call you and all that okay I don't do that because it makes for Dam drama and I get it spitting fighting yelling cussing oh no I mean I'm just concerned what's it I get you should call you are the windows rolled up I'll take care of all that appreciate it you said it's stepdad's car yeah he's yeah and he's on the way uh I haven't called him yet okay how far is he um no I'm not even sure if he's working today so I'll call Pi go from there okay do we need it or no no I didn't put it in there okay I thought H here you go man just a purse nothing inside looks like a water jug some boots some clothing items that doesn't [Music] work you there we go6 requesting what youing this way for right now you me close close nothing the bur and I do not see a wall 516 I'm Adam Tom Sam George 68 I did not see a wallet do you have a wallet that you want to take with you no it's on my house okay what'd you find out no he's talking to Okay so he's at the station you just can't make it down here perfect so usually we don't do this unless you're on scene but since you're there um all I need is I'm recording right now so um do you have your new [Music] Mexican is there a fob I okay perfect so uh you're going to give this to your son-in-law Mr carto he's take the ownership of the vehicle we just at any kind of damage that you guys okay all right Perfect all right sounds good I'm going give you back to him all right thank you good to go all right like I said she's got her phone she call you about 10 15 minutes again I'm just going to put that in the cater do you need me hang or you good all right 545 come and rightone starting hang on I'll get you stting I know you told me no on scene I'm still going to run this machine as if you were to tell me yes it's going to do its process um if at any point you change your mind you want to provide a breast sample tonight let me know I'll let you have that opportunity once this is done if you do not provide a breath sample by the 10 time it's over you'll be charged as I stated earlier with a heavier charge aggravated aggravated DWI um as I stated if you're convicted in court of drivve under the influence you may also receive a greater sentence okay so if at any point you change your mind let me know can I ask for a lawyer before your right to speak to an attorney or remain silent does not apply to the New Mexico requirement that you submit to a breath test before I was arrested your right to speak to an attorney or remain silent does not apply to the requirement in the Mexico law that you take a breath test sure but I'm you are under arrest right now yes that is correct so I have an attorney you can get an attorney but as I stated an attorney does not apply to this machine tonight sure okay to the intoxilizer but I'm arrested at this point so yes ma'am I would like to have an attorney before I take the intoxilizer please it does not apply to this even if you requested one it does not apply as I just read to you yeah I would still like to have an attorney please front of this machine says please blow until the tone stops are you wanting to provide a breath sample no I think that was my original say right so we will sit here this means machine Tes means it's an aggravated it takes about 2 to 3 minutes we'll sit here in an awkward silence once it's done in those 2 to 3 minutes the machine's going to time out at that point you will be charged with aggravated DWI if at any point in these two to three minutes you change your mind let me know I'll put that brand new mouthpiece on there and you can provide a breath sample okay in the next two to three minutes what was that was that a question right what were you asking in the next two to 3 minutes that's what I need to make my decision is well this is the process okay we will sit here I'm going to give you this second opportunity if you would like to change your mind you told me no multiple times on scene right now is at time if you would like to change your mind you can but like I said two to three minutes it will time out we won't be sitting here all night you will be charged with aggravated dwa sure yeah um I just I want an attorney before I do anything okay please and that's fine as soon as we're done with this I'm going to give you yourself phone and you can call whoever you want to call if you want to talk to attorney you can talk to an attorney but as I stated earlier when I read the New Mexico yeah it would be an aggravated DWI right yeah it the right to speak to an attorney does not apply to this machine so you can it applies to an arrest yeah and it applies to an arrest but this machine in particular it does not apply to sure so this is your opportunity to provide a breast sample sure I would just like an opportunity to talk to an attorney before I provide a breast sample yeah yes ma'am that's fine so we'll sit here till it times out sure I don't know if you got the gist but we didn't tell your car thank you it's your stepdad's or Dad's my stepdad's I didn't catch firefighter yeah he's a cosigner yeah so we locked it up I rolled your windows up thanks I appreciate it um I inventoried it I didn't see anything of crazy amount of value um just your purse there was no wallet anything like so go ahead my office which is laer why do you roll around with a passport because I forgot my wallet at my office which is at a law firm on um right over here please right which is the law firm on what law firm what law firm or who's the attorney I should say I'm the attorney attorney you're an attorney I'm an attorney nice yeah what law do you practice um civil def okay right here for me I've I've met a few civil defense attorneys in my life I'm sure nothing found it though all right man let's get back just a little bit let me grab your phone we'll be here for about 20 minutes and then tonight I will be taking you to Metropolitan Detention Center okay sure can you um can I go my parents yeah I'm going to bring your phone right now okay and my husband please you'll have your phone I have one simple rule like I said we'll be here for about 20 minutes I don't want Snapchat Instagram um anything like that so you can call you can call whoever you want in the next 20 minutes