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Edit Transcript - Bodycam DUI Arrest - Drunk 23-Year-Old Totals a Car That Isn't Hers
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Bodycam DUI Arrest - Drunk 23-Year-Old Totals a Car That Isn't Hers
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hi hi who's the driver you are okay are you passenger okay were they all evaluated and stuff they don't want to be evaluated so soon as the rescue gets here we'll sign them but we're free to okay cool all right um do you have your driver's license Miss it's in the car okay if you could show me ma'am if you could just stay over here for me I'd greatly appreciate it I was hold all right um do you have the registration and insurance I do not it's on my car it's what it's not my car whose car is it it's her father's her father's but you were driving it yeah okay we were just going to Walmart for a second you're just going to Walmart okay all right step over here with me we just here talk to her real Qui me could you tell us what happened actually I was so I'm in the middle of trying to buy this car and the guy who's trying to sell it to me he's like putting a lot of pressure on me to buy like give him the money and take the car but he was putting a lot of pressure on me so it scared me so I took it to a mechanic and tried to find out if they they seen anything wrong with it right and then I was bringing it back to the house and then well this is his sister's car actually but like and so I had to I had to go Walmart to get like groceries to eat right mhm and so we took her car instead and I was just so freaked out about the whole like situation I was going through earlier that I like missed a turn a little bit but I was going too fast which way were you going this way I was trying to hook this right oh so you went over the median yeah okay so that's pretty far back trying to make a turn not not not terribly I don't think yeah you're in the middle of the that's Way Beyond I think before you make a turn well I think I hit right here I don't think I hit over there you did I can see your tire marks right over the media and where you swerve okay yeah I mean the evidence on scene is kind of not lining up with your story so I've been like freaking out I'm so sorry have you and you are how old 2 three 23 how do you know her uh she's my boyfriend's sister boyfriend's sister and this is this this is her dad's car her dad's car this is the one you were trying to buy or no this is her car I was trying to buy a different one okay and you guys are coming from Walmart no from from her house yes but also her house we went her house Walmart and then back okay so that's where you're coming from is her house coming from Walmart technically since the last time we turned the car off yeah okay okay can you tell me like what Lane you were in when you tried to make that turn I think we were in the right lane if you had any alcoholic beverages today at all nothing like that okay are you complaining do you have any complaints of pain or anything from the crash not from the crash what do you have complaints of pain from I broke my back and shattered my pill a year ago yeah so I have [ __ ] from that that I'm still having like appointments for and everything but nothing new no nothing new okay you want any paint meds or anything no no okay so can you kind of explain to me exactly what happened I know I only caught a part of it so just kind of tell me what you were doing while you were driving I kind of explain trying to turn and I took it too fast okay you weren trying to turn onto this road right here right up here and that took too fast okay you were coming down this way on this road right up this way try to turn right right you mean I'm just like I'm so sorry I was trying to go this way up this street okay okay want make sure yeah I was trying to go that way sometimes I mean we want to make sure that you know there's not another crash somewhere else or something like that okay yeah I get it I'm just like extra because I'm trying to buy this car for my boyfriend's parents you know and like my boyfriend's trying to break up with me at the same time oh I don't know it's just super high stress and okay yeah so do you want to get tip out by the ambulance the Medics just to see how things are well I think I'm okay but she's they're on their way right now anyway remember how I said she's my boyfriend's sister M she's younger than me so I'm worried about her I'm not worried about me at all like I know I [ __ ] up and I was upset and I took a turn too fast but I'm just I'm worried she got hurt okay we'll ask her if she can get checked out okay cuz I'm just I don't want to hurt her I know that I'm upset and I [ __ ] up I'm like I'll pay for that whatever but I don't want to hurt anybody else this is the driver so apparently they're coming from her friend's house she was looking at buying this car I guess her story is still kind of off I guess they were going to Walmart or something I think from what I understand so you can see the skid marks back there she like yeah I was going too fast and I was going to make a right turn I was like you made a right turn way too early if that's what you're going to do because she shows her going very clearly over the medium from the tire marks you can see going oh yeah you can see the tire tracks it'll put the story together she's acting odd I don't smell alcohol but she's kind of slur in Her speech um I do see issues with her like walking where it seems like it's like that drunk stagger kind of deal okay her eyes are red she said in the past she's recovering from like a pelvis and broken back I think so I was like did you take any prescription meds I don't remember if I asked her but she said no to alcohol we can ask her about the meds okay think she said no but this is her okay um yeah that's what we have so far so the woman getting checked out by the medics over there the blonde name is Catherine she goes by Katie spe very confused U blade responses can smell alcohol coming from bre open's an open container uh in the back left area right behind the front uh left seat okay talk hello hi I'm officer H with the re of police officer who H what more turnour H H yeah the reen a police department can we come back over here so I can talk to you about what happened okay let's walk over here and you're Captain okay kti yeah oh you go by Katie yeah okay Katie I just want to get away from these rocks and stuff so walk you're about you're about to duy test me right I I'll talk to you back over here yeah okay let's just walk I fell off a ladder a year ago and I shattered my pelvis and broke my spine oh no so my left leg is a little funny okay and I'll so you have a trouble walking on it yeah okay that's fine why' you why'd you ask if I was getting DBI text you because I figured because I [ __ ] up and I hit a medium okay it would make sense if I no if I was a cop I would do the same thing I was like you just run everybody that crashes their car through kill spray test yeah yeah yeah if you hit a if you hit a curb broad daylight i' I'd test you okay yeah yeah of course yeah okay so my concern is is I can smell number of alcohol beverage on your person oh yeah you smell like alcohol and then uh yeah okay and then there's an open container in there there yeah so just be just be straight up with me how much do you have to drink today I haven't had anything to drink but I did like spill a bottle of Tios on myself before I left the house okay but I've had like issues with alcohol so I've been in AA for a little while uhhuh so I don't drink anymore okay why can't I smell it off your breath off my breath really okay I I would assume off my clothes you could smell it but I your breath whenever you're speaking to me it's like in your feat area I don't know do you have a sip earlier do you have anything I mean like when I spilled it I kind of dumped it all over like my whole head like I was laying down when I spilled the bottle cuz I was trying to put put it up for somebody else okay but I haven't had anything drink now nothing at all no I'm like my dad was an alcoholic and so was my older brother and I'm really scared of falling into that so I try not to drink that's good that's good so you're uh you broke your spine and your I shattered my pelvis and I broke my spine from the fourth down okay so like my left leg looks funny okay that's okay so you're not able to walk like in straight lines and stuff I can walk in a straight line but it looks funny like technically I can walk with a straight line in my right leg but not in a straight line okay if that makes sense okay um so I I just have a few questions before we begin the test okay if you don't feel comfortable doing the walking turn in the one leg stand it's where you have to walk in straight line I can do that but I can't stand on one leg on my left leg but you can on your right leg Yeah Okay so once we get to that I'll ask you I'll I'll kind of demonstrate for you then I'll ask you if you feel comfortable doing that if you feel comfortable doing it then you can do that let's come back over here a little bit okay um so have you ever been diagnosed with a traumatic injury before no no okay no I didn't hit my head I just BR my back okay did you hit your head during the Crouch no okay did your airbag deploy yes okay you didn't hit your head at all not that no okay um and then do you have any medical conditions aside from what you told me that hinders you from walk no okay and then are you wearing any eye contacts no but I have glasses but they fell off when I crashed okay were they in your vehicle yeah okay do you need those to see like are you able to walk in a straight line without I cannot have a license without them okay are you able to see your feet though when you walk yeah okay then that's all you'll probably have to see so what I want you to do is go and put your feet together heel to heel to so all the way keep your hands out your sides I just want you to remain in this position during this test okay and then you see the tip my finger here I watch new is follow the tip of my finger with your eyes are eyes only and just keep your head straight for me okay there you go just keep following it call it all the way out yeah just keep your head straight and then follow it as far out as you can okay okay I have extreme astigmatisms so like my peripheral vision is a little [ __ ] up but like so from like right here I can't see anything but from like right here I can see [ __ ] if that makes sense so I have a stigmatism of both eyes and I've had these tests done on me before too I'm able to kind of gaze out and I I can see that but I can't see this if that makes sense like I can see this but I can't see this okay well just look out as far as you're able to there you go okay go up down okay just stay in that position feet together there you go just keep your head level go up as high as you can perfect are you able to imagine a straight line on the ground here okay so go and stand right there I want you to put your left foot on that straight line if you go and tie your shoe actually before me this okay dead girl about it perfect so I want you to imagine that straight line it's going to be about the width of your shoe okay I want you to put your left foot on that straight line okay do I have to put my foot in front of the other or do I have to put it like I'll tell you just put your left foot on this okay no I'll tell you left foot on the imagin straight line I once you put your right foot in front of your left fo you he touching your to yeah don't begin walking yet yeah just listen my directions okay I'll tell you when you begin all I want you to do is get into this position here right foot in front of left heel touching toe right foot not left foot yep heel touching toe hands down your sides I want you to stay in that position until I tell you to begin the test if you fall out of it just get back into it okay I'm going to demonstrate the test for you and I'll ask you if that's something that you're able to do okay so when when I tell you to begin you're going to take kns going and get back in that position when I tell you to begin you're going to take nine Heel To Toe steps on that mag straight line okay go watch me as I demonstrate for you one two three I took three just for demonstration purposes I want you to take nine on your ninth step you're going to leave your front foot planted I want you to use your rear foot to take a series of small steps turn yourself back around you're going to take nine Heel To Toe steps you're turning back on that imaginary straight line okay okay so nine and then nine yep okay one two three and again I took three for demonstration purposes you know you have to take nine right yeah so it's important that don't start yet I didn't tell you to begin yet so it's important that during this test you look down at your feet feet you count out loud with every step keep your hands on your sides and don't stop the test until it's complete and its entirety okay uh do you do you feel like that's something you're able to do with your physical limitations yeah I do have limited control over my left leg though okay so I might like I'm a little scared you have to be scared do if if you don't feel like it's something you're able to do I feel like I can do it but okay do you think you'd struggle doing it yeah you would okay then we don't have to worry about it okay so I'll do a couple other alternate tests with you yeah let's do that let's do that okay I want to I want to do good on the tests but I don't want to up because of my leg okay no that's understandable yeah and I want to give you every benefit of the doubt so I'm not going to ask you to do something they not able to do okay um so what's your highest level of Education uh mid College Mid College okay so you know the alphabet you know oh oh yeah okay so what I'm going to ask you to do is recite the alphabet starting with the letter G and ending with the letter T and correct order going forward h i j k l m o p q r s t a j k l m o p q r s t u y Zu u v okay and then uh I want you to count backwards starting with the number 72 and ending at the number 51 so count backwards from 72 to 51 782 78 no 72 to 51 72 okay 71 70 89 88 87 86 85 84 83 82 81 80 79 78 77 76 74 7 570 you know you know yeah are you done yeah okay can you open your mouth for me do you have anything inside your your mouth LIF up for your tongue okay nothing you have nothing at all okay so go and turn around to me put your Trans on your back okay under arrest for you guys let's walk over here you don't have anything on you right no okay okay thank you this a lighter oh VAP here I'll bring your phone in here yeah good I was waving Charles tonight oh yeah just come up here this door you okay yeah hang her right and we'll go diagonal through the door on the left left yeah left yeah and then you can send that TR the so I have to read you something real quick okay go ahead listen to me I'm about to tell you something important you're on with DBI the new Mexican con act requires you to submit to 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 phys i a licens a laboratory technician or technologist who can you slow down a little bit Yeah me if I deny it's up here read it with me if you need to my my vision is not that good I can't read it unless unless I stand up and go look at it I can't read it you can if you want I can read it you ready yeah okay where are we at right now so I'm going to read number number listen you don't have to get all I'm I'm not getting defensive I'm just asking I'll read it for you real quick okay so listen to me I'm about to tell you something important you under arrest for DBI the New Mexico imply consent act requires you to submit to a breath test to determine the alcohol content of your blood after you take our tests 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 physician of your own choice to perform an additional chemical test the cost of this additional test will be paid by the law enforcement agency do you agree to take our test which is the breath test or I can pick my own person so you have the right to choose an additional independent test so so I can either say yes to this or I can wait till somebody I choose says yes if you refuse to take our tests then then that's it and you're going to get charged with a refusal but if you take our tests you have the right to choose an additional independent test wait wait so I'm confused if I take your test I can choose somebody to dispute it no or if I it's basically saying that if you take our test you have the right to get somebody here you can make a phone call to have somebody dry your blood or get another independent test of your own choosing if you want to do that it's has nothing to do with court disputing or anything it's just about you giving us a breath sample if you choose to do so and then if you do but I'm confused if I don't choose to do so can I call somebody else or no if you what do you mean if you don't like what you need to call something else because the way that I it I can either let you do the blood test or I can let that somebody I know does the blood test no you can pick somebody yourself if you submit to our test wait so if I say yes then I can pick somebody else in add in addition to doing in addition but not instead of no why not you CU that's I that's same play consent loss so you you would give us a breath sample if you choose to do so and then you don't have to but if you want to you can on your own accord I'll give you your cell phone and you make phone calls to get your own your own test done I want to do that so you want you'll give a sample and then you'll you're willing to do that well so you're I'm confused because my dad always told me I'm not supposed to let you guys do anything okay that's completely you don't have to do any of it I know I just I just don't know what my best course of action is it's up to you how about I read you the um the next section if you refuse and then you can kind of weigh your options if you want to do it or refuse okay is there a weight of options though you can either do it or you or you don't do it so I'll read this to you and then you can make your decision if you want to give a rest sample okay okay so I cannot force you to take our test but if you refuse that's this one right here yeah but if you refuse you will lose your New Mexico driver's license or non-resident operating privilege for one year if you were convicted of court of driving wall in the influence you may also receive a greater sentence tested if I tell you no right now that means you can take away my driver's license so if you if you refuse basically what's going to happen is I'm going to give you a notice of revocation and then you can put in for an MBD hearing to be able to retain your driving privileges wait so you can say I want to revoke your license and then I have to debate it in court you you would have an N you have to say the government doesn't want you to have a license and then I have to debate that in court no I'm telling you that if you refuse you will have an MBD hearing and then it's going to be heared by hearing judge and then they make the decision whether how to keep your license if you refuse so I'm right what I said how about like if I say that I want an MVD hearing then that means I have to wait until they decide that I can have my license You' still have your license until the hearing and then you you would just drive like normally you have your driver's license with you it's not like you can't drive after today but then once that hearing happens if you you know then they'll decide from there I'm so confused because one of my friends she just got a DUI and she said that like well she got a duy but she like got it on purpose honestly I'm going to say cuz she like crashed into like somebody's house and then she tried to drive away but she C called on both DUI and like I just I don't know how I'm going to get to work tomorrow and if I to work tomorrow that I'm kind of [ __ ] okay well I'll give you your phone so you can make some phone calls okay but let's take this in baby steps first we need to do now is I can read this to you again but you need to make a decision whether or not you're going to give a breath test I give a breath test okay I want I want my dad to be here okay well we can't get him here right now adult you give me your phone and I call him yeah you can okay well you need to call him before you make a decision well but then you have to give me my phone okay well right now you're in you're in handcuffs and I'm I going to take your handcuffs so I put you in a holding cell that's okay put me in a holding cell and give me my phone call my dad okay are you want to do do the test if you let me call my dad yeah I'll let you call your dad but we need to finish this yeah that's fine okay I'm going to give you your phone so you can make your phone okay I just i' I've never done this before that's I just want to get all this taken care of and then I'm going give you your phone you can make whatever phone calls you need to do okay um just we just need to get through this okay um okay so you you understand everything that I read you right yeah okay and knowing all that you agree to give a breath sample okay perfect go ahead and take a seat um this will be ready here in a little bit once we knock this out then I'll bring you back there I'll take the handcuffs off and I'll give you your phone so you can make some phone calls okay so this is your own mouthpiece this is your own mouthpiece that you'll be blowing into so fresh out of the wrapper per you and if you want to step up over here have you ever blown into one of these before no okay all you do is you put your mouth around the mouthpiece here you're going to take a deep breath but you have to blow into it like you're blowing into a balloon so the machine requires pressure okay so just going and blow into it I tell stop blow blow into it you're not blowing into it oh I'm sucking my B yeah blow blow into the machine you're not blowing into it there you go keep blowing that that means you're blowing into it y keep it going harder here go and stop you take a de bre have asthma sorry you okay we just take a deep breath hard okay okay there you go keep going keep going keep going keep going keep going keep going keep going keep going yep keep going that means you're doing it take a deep breath H blow into hard there you go keep going keep going keep going keep going keep going keep going keep going keep going keep going you're almost there keep going do it again there keep going keep going need to blow into it harder there you go here put your mouth all the way around it I'm maxing it out I promise you okay that's you're not even blowing into it I'm watching you keep blowing keep going keep going keep harder keep going there you go go and take a seat you okay yeah I need tissues I have slot dripping on my face I'll get it for you you're just going to have to that one more time and then I'm going to take you the handcuffs and get you a tissue okay okay one more time yeah the fast it'll go faster all over my face I don't want to the hardest okay the faster or the harder you're able to blow into it it'll receive a sample quicker okay keep going go blow hard into it like in like you need there you go yeah keep here St you're like having air coming out the side of yeah put your mouth like blow into it like like the whole thing like it's a balloon yeah like you're sometimes you're doing it sometimes you're not you need to blow hard into it there you go keep going keep going keep going keep going keep going keep going keep going keep going here go and take him out off take a deep breath and then just blow into it hard okay you're blowing off the side of it and if you purposefully don't blow into it then you can still be charged with a refusal okay so I need you to take a deep breath stop take a deep breath put your mouth all the way around it and blow harder into the machine okay keep going there you go keep going blow hard into it keep going blow into the machine there you go keep going keep going Ma you're near here go on stop do it like you did the first time okay yeah like like the whole you're not really blowing into it though because it doesn't require that much pressure I blow in your Le before okay I I never have I know but you did it right the first time you just need to when it's when it's producing a tone that means you're blowing hard enough into it when yeah when it doesn't beep that means you're not even blowing into it okay okay go ahead you're almost done there you go keep going there you go keep going keep going keep going keep going keep going keep going keep going keep going you're almost there there you go you can stop going to seat thank [Music] you these are your breath results so you provided two breath samples your first sample was a 0.21 and then your second was 0.19 so you know you you're 08 right okay so you're over twice the legal limit ready yeah okay so I got all your paperwork done I'm going go you okay yeah okay just chill it for a second okay here's all your paperwork okay it's really important I go over this with you okay this form this is notice revocation okay so you still have your driver's license okay you can still drive just keep this paperwork with you So the instructions are right here to file for your hearing so this is what you need to do if you don't do this you have 10 days from today's date to file for the hearing if we do not file for the hearing so if I don't do this in 10 days I get my license revoked yep there you go and then if you get pulled over you're going back to jail in 10 days yeah obviously so it's better just to get put in for the hearing if you're able to yeah I can do that I can do that in 10 days obviously it's no problem can I please have my shoes and go home yeah go ahead normally I take people to jail so this is kind of helping you out but I'm letting you go because he said he wanted an independent test right yeah okay of course yeah okay I stepped on somebody's pee in there by the way did you okay I'll let him know and um now I got to walk around in a piss covered sock okay for the next hour so fix that I don't clean I know you don't but like I'll let him know I know I know you don't I'm going to call your boss and tell him to yell at whoever cleans but that's do better job that's inhumane okay oh don't forget your earrings never my great grandma gave them shits to me dude that's awesome you can put all your stuff in that bag take that bag if you want if it's easier no I don't need to okay um can I use your phone to call where my boyfriend I'm walking you to you are okay you know where he is y okay yeah just follow no you're good I'm going to take you over there I was like maybe you got to H that [ __ ] hard like when you're sit this way okay go I don't know where I'm going I'm following you yeah I want you to walk in front I'll tell you where to go come through this store and we're going hangle left come I here hang come on all right how was Wai to my friends oh well I thought you were a little bit busy right now what up sorry I think he's busy yeah I love you never busy Sor he's busy never busy enough oh I I thought you were at work right now honey I am at work well you have friends at work no not not When people's lives are online dear your lives online I mean getting arrested is kind of important though you're getting released regardless do you not think this freaks people out here do you not think this freaks people out more if I took it to jail right you're being released yeah but imagine you've never done this [ __ ] before would you not be freaked out yeah of course yeah then he ha hi buddy how you doing I'm a little bit impressional okay is he over here your name it's all over your oh tell me anyway officer Alexander H Alexander what Han Alexander Han how do you spell it uh h a u g h n y right here it's on your paperwork I'm going to take a picture anyway oh I can't Hy okay it's all over your paperwork thank you [Music] bye
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