Marana Police Department “J Detail Incident Report for 1803-0520 ies) Nature: 1052 ‘Address: W ORANGE GROVE RD & N THORNYDALE, RD; 6400N; 3800W : Marana Police Beat 3 Marana AZ, 2102 Neal-Jeasen,Gra How Received: 911 Ageney: MPD Responding OMficers: Sample,Dan Schmidt Maritza Giessuebel,Aril Ysuguire,Htin Warreo, Chi Responsible Officers: Schmidt, Maritza Disposition: Patrol-Adult arest 03/12/18 ‘When Reported: 10:39:10 03/12/18 Occurred Between: 10:38:28 03/12/18 and 10:38:40 03/12/18 NARRATIVE: 1803-0520 NARRATIVE #476 BWC ACTIVE VEHICLE 1: (On March 12, 2018 at 1028 hours, I responded as a back up unit to the intersection of W Orange Grove Rd and N Thornydale Re reference a three car collision with injuries. arrived on scene to-help provide traffic control to Ofe. Sample #133. 1 utilized my patrol vehicle to block the south bound to turn eastbound left tum lanes of travel where the collision occurred. Ofe. Sample then provided me with the information for the driver of véhicle 1, identified through Arizona Drivers license as Amber Young. Ofe. Sample explained that he was tending to the injured individual, and had trouble speaking with Amber, so he asked if | make contact with her. approached the drivers side of the above listed vehicle and located an adult female identified as Amber Young. I asked if she was okay and needed medical attention, and Amber said she was okay. I observed Amber was very emotional and was explaining that it was her wedding day. Amber explained she was worried about missing it. I noticed that Amber's eyes were red and watery. Amber spoke slowly and would not make eye contact, T asked her if she had taken anything or drank anything today. Amber stated she had not drank or taken anything, pling owasDetail Incident Report for 1803-0520 Page 2 0f 17 asked Amber to step out of her vehicle so I can hear her better, and upon exit, Amber got out slow! JAmber then explained the collision and how it occurred. Amber explained that the vehicle in front of her came to an abrupt stop and then she collided into them. Due to the damaged still being in the roadway with congested traffic, I provided amber a public assist ride to the Wendy's parking lot (3780 W Orange Grove Rd.). ‘A member of NW Fire assisted in relocating Amber's vehicle to.tbe same location, and out of the roadway with permission from Amber. then spoke with Amber in the parking lot about [Amber then said that she was anxious and nervous because it was her wedding day. Amber also explained that because of the added nerves, ‘Amber explained that she "didnt mean to hit anybody."} ‘Amber also mentioned that she was justin a rush and nervous for her wedding, and that she did not mean to hit any cars. After Amber made the comments about “Amber if she would be okay if Iran her through some tests to make sure she was okay to drive. Amber agreed to perform the tests. then asked the Amber the pre-test interview questions to determine her cligibility to perform the tests. Amber said she was not sick, not diabetic, not epileptic, un-injured, had no physical disabilities and was wearing comfortable shoes. After these questions were completed, I located an even, painted, white parking lot line on the asphalt to perform the walk and turn test. omens nbwdindDetail incident Report for 1803-0520 Page 3 of 17 ‘Amber stood at the selected line and I began my instruction phase. During this phase, Amber needed additional instructions multiple times. Amber started the test before all instructions were given, and after being told not to start until told to do so. Amber would not maintain the starting position during the instruction phase. Amber also asked questions during the instruction phase, after explanations were given to her, and after she had said she understood the instructions, Afer being told to start, Amber missed touching heel to toe by more than 1/2 an inch for all of her steps. Amber was also observed walking off of the line. Amber also made an incorrect tum by not making a series of small steps, instead she made a quick-tum. After the first test, I asked Amber if she understood having her feet heel to toe during the test. [ also demonstrated hee! to toe steps and standing fo Amber: Amber then’said she would do it again. Amber then performed the walk and tur test again on her own saying "you want me to do heel to toe? I can do that." During this second time, Amber said "heel, toe” for every step she was making instead of counting the steps out loud, While saying "heel, toe" and walking, Amber's fect were not heel to toe and had more than a 1/2 inch space between them as she was walking the line. After Amber completed the walk and turn test, six out of eight NHTSA cues were observed. There was additional observations such as swaying in the starting position, needing additional instructions, and an incorrect start position by not standing in the starting position. — = — ‘The next test that I had Amber perform was the one leg stand test. I read the instructions to Amber along with demonstrating how to perform the test. Amber said she undersfood. I fold Amber to begin the test-"A fer counting (0 “one thousand five" Amber put her foot on the ground and stopped counting. I told her to keep going. Amber then started again and afler counting a few more numbers, stopped the test again by putting her foot down, Amber advised that her dress ‘was in the way, and I asked her if she wanted to try the test again holding her tess. Amber said yes, I told Amber to start whenever she was ready. I observed ‘Amber hold her leg behind her bent at an angle, instead of out in front of her, straight, 6 inches off of the ground. 1 asked Amber why she was holding her leg, like that and she moved her leg to in front of her, but then put her foot down, ‘Amber said she wanted to redo the test. Before Amber redid the test, 1 demonstrated and explained the directions of the test to her again. I told Amber to begin when she was ready. After Amber started the test again, she did not count out loud and almost fell over before placing her foot back onto the ‘ground, During the tests, | observed Amber swaying while balancing, hopping, and putting her foot down multiple times for three of the four NHTSA cues observed. Lalso observed Amber not keeping her legs straight, not keeping her foot parallel, not counting properly by stopping counting, and required additional instructions. plaid ougisDetail Incident Report for 1803-0520 Page 4 of 17 explained to Amber the next steps being the HGN test. Amber then asked about a blood draw test. I explained to Amber that was one test, but that was later on and J had paperwork to read and explain to her called Admin Per Se. I advised Amber I would explain more of that test later and she said okay. While waiting for the HGN officer, Amber began crying. Amber explained she was sorry and that she did not mean to hit anyone. HGN certified Ofe. Giessubel #479 then arrived shortly after to perform the HGN test. Of. Giessubel advised that there were six out of six HGN cues noted. After HGN was completed, Amber was placed under arrest for DUI under ARS 28-1381A. Tread Ambét he¥ miranda warnings at 1T46 hours. Amber stated "yes” she understood her rights, and she would answer my questions. | asked Amber all of the Post Miranda questions. ‘Amber explained that approximately four hours prior to the collision she [i is conflicted with the previous statement that at initial eéntact with her. Amber explained her last meal was at 2030 hours and she got approximately’6 Hours of sleep. 1 asked Amber ifstebelieved she should have been driving. Amber said, "she wasn't sure what she should be doing today." 1 then asked Amber if she believed she should be driving in her state at the moment, Amber replied to this question with "no. maybe." asked Amber if she felt the effects of| i the moment and Amber said "yes." When asked her level of sobriety ona scale of 1-10, Amber placed her self at a 3 and then asked what that IT asked Amber why she thinks she should not have been driving, and she said she didn't think about it, Amber said she did not think she was going to hit another vehicle. explained and read verbatim the Admin Per Se paperwork to Amber. Amber denied consent. Amber then stated that she did have alcohol this morning, and that if wwe tested her the results would return positive. It was apparent that Amber did not understand the Admin Per Se form. She initially believed her license would be suspended for a yea whether or not she consented to the blood draw. After multiple explanations to Amber by myself and Ofe. Giessuebel of all of her options for Admin Per Se, Amber consented to the blood draw. 1 then advised Amber we were going to transport her to the MPD Ina Substation rindins osoDetail Incident Report for 1803-0520 Page 8 of 17 located at 5100 W Ina Rd to perform the blood draw. I placed Amber into double locking handouffs and checked them for spacing. I performed a search incident to arrest of Amber prior to transport. Amber was then placed into the back of my patrol car and buckled into the seat. I tured the air conditioning on to allow airflow to the backseat. After a few minutes, I attempted to exit the parking had gotten one of her hands out of her handcuff and brought her hands to the front of her. I got Amber out of the vehicle and escorted her passenger side to get more air. I then switched handcuffs to smaller sized ones so Amber could not slide her hand out. I checked the handcuffs for spacing again and double locked them, Amber was then buckled into the car. While placing Amber into my patrol vehicle, I noted an odor of intoxicants was noted coming from Amber and from her mouth, I then transported Amber to the Ina substation and during the transport, Amber advised me| ‘was then taken out of handcuffs and sat in the phlebotomy charr fe: Giessuebel then performed the blood draw. Ofe. Giessuebel advised Amber of her right to independent testing, and the mandatory fingerprint compliance form, I then asked Amber follow up questions to the alcohol she admittedly consumed. ‘Amber explained that she had not drank any alcohol, and then stated that she actually one glass of champagne. Amber stated that she had the glass of champagne about 1100 hours. The collision occurred at 1030 hours. 1 advised ‘Amber that I was speaking with her at the accident scene before 1100 hours, and ‘she said “yeah it was right before that." I asked Amber why she did not mention the alcohol she consumed prior, and she stated she just "did not want to fess up." ‘Amber's fiance, namedé - "=" as contacted via phone and asked to come to the substationg q_, arrived and a third pasty release form was completed and signedé Was provided his copy of the 3rd party release form, I then provided Amber with her temporary identification from the Admin Per Se paperwork. I completed a criminal citation for ARS 28-1381AJ (Driving or actual rindi ovensDetail incident Report for 1803-0520 Page 6 of 17 physical control while under the influence). Amber was also issued a civil traffic citation for ARS 28-701 (Reasonable and Prudent speed) for the collision. Amber signed her criminal citation without incident and was released tof => vithout incident. ‘On March 13, 2018 at 1530 hours, I contacted “™ via telephone reference his written witness statement. [asked f he can go over his statement with me/— _~-xplained that in the morning on March 12, 2018, he was traveling southbound on Thornydale Rd and observed a white suv vehicle swerving back and forth withia the southbound lanes of travel. explained that the white suv. ‘was swerving 2-4 feet into the next lanes before cutting back into the original lanef~ -explained that he also observed the white suv hit the median in front. of the north entrance on Costco Dr and continue on. “> then explained he observed as the white suv continued at a high rate of speed towards the red light at the intersection of Orange Grove Rd and Thornydale Rd.€_“*explained that the white suv dodged a box van before hitting the blue sedan, explained that he turned around and went to the collision scene to be there ‘until first responders arrived.f- ». ‘said he observed the driver of the white suy, later identified as Amber Young, get out of her vehicle at some point after the collision ~ explained that himself and the another female witness nearby described Amber was "uneasy" on her feet when walking out of her cai explained he observed part of the Field Sobriety tests Amber was taking part in, and described her as being "uneasy" on her feet then as well. explained the same observations written on his witness statement. ‘This concluded my involvement in this matter at this time. NFI ENTERED BY M. SCHMIDT #476 Assigned To: Detail: Date Assigned: **/*4/** Status: Status Date: **/4/+* Due Date: */98/** Case History: Case Notes: Unit: 201M Rnroutes 11:28:08 03/12/18 Arrived: 11:28:24 02/12/18, ‘Completed: 12:12:14 03/12/18, splviess onmsDetail Incident Report for 1803-0520 Page 16 of 17 ‘SUPPLEMENTAL NARRATIVE: (LWSUPL: Supplement Nbr. 1) Name: Giessuebel,Asil Date: 15:50:55 03/1218 1803-0520 SUPPLEMENT #479 : BWC USED (On 03/12/18 at 1207 hours I responded to N Thornydale/W Orange Grove to assist with a request for an HGN certified officer reference a traffic accident. Upon arrival at 1216 hours, I spoke with Officer Schmidt #476 who requested L administer HGN to the driver of one of the vehicles involved in the collision, later identified as Amber Young. ensured Amber was facing away from traffic and no emergency lights were activated. I administered HGN at 1144 hours and observed 6/6 cues and no vertical nystagmus. I also observed Amber had watery eyes and could smell a small odor of intoxicants coming from her breath when she spoke. Tadvised Officer Schmidt what I observed, While standing by, Amber admitted it was her wedding day and she was feeling a large amount of anxiety. Amber said she had a glass of champagne this morning ee ee RRR £022 aises at se sould octave een devng her vehicle today. 1 stood by while Officer Schmidt placed Amber under arrest for driving under the influence. After Officer Schmidt read Admin Per Se, Amber consented to a blood test, I followed behind as Officer Schmidt transported Amber to $100 W Ina (Marana Police Department Substation) to conduct the blood test. | arrived at the substation and at 1234 hours, I collected two gray top tubes of Amber's blood. read Amber her right to an independent breath/blood test. I also assisted in explaining and completing the mandatory fingerprint compliance form, I placed the two tubes of blood into evidence at $100 W Ina, ENTERED BY: Giessuebel #479 sphadiesd oavtans