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Video from Rep. Dan Pabon's arrest revealed

Posted at 2:33 PM, Jul 20, 2016
and last updated 2016-07-21 01:35:36-04

DENVER -- Colorado's legislator who recently pleaded guilty to charges of driving under the influence is pictured in a recently obtained video from Denver police. 

Authorities pulled over Rep. Dan Pabon, D-Denver, after he ran a stop light. On video, Pabon is seen fumbling for insurance and performing several tests for the officer before he is arrested and charged. 

Conversation between Pabon and the arresting officer can be heard on the video, recorded from the officer's body camera. 

Some of the conversation can be seen below: 

Officer: "How much have you had to drink tonight?"
 
Pabon: "Not very much."
 
Officer: "OK, How much is not very much?"
 
Pabon: "A drink or two?"
 
Officer: "A drink or two? Is that beer or hard liquor, wine?"
 
Pabon: "Beer."
 
Later on: 
 
Officer: "Hey Daniel, since you've admitted that you've been drinking tonight, would you be willing to submit to some voluntary roadside maneuvers to make sure you're safe to be driving?"
 
Pabon: "I think I'm safe to be driving."
 
Officer: "OK, do you want to do the roadside maneuvers?"
 
Pabon: "No, I prefer not to."
 
Later on: 
 
Pabon: "Out of an abundance of caution, could we just park the vehicle on the side?"
 
Officer: "No, I can do that, man."
 
Pabon: "Just, I can take an Uber home."
 
Officer: "No, I can do that man, sorry."
 
Later on: 
 
Pabon: "I don't know if you saw my registration, but I'm in HD 4, I'm a state representative."
 
Officer: "OK? How come those plates aren't on this car?"
 
Pabon: "Uh, they're on my wife's car."
 
Officer: "OK, is that plate for this car?"
 
Pabon: "Yeah."
 
Officer: "You know that is an arrestable offense too."
 
Later on: 
 
Officer: "Just because you had something to drink, doesn't necessarily mean that you're too intoxicated to be driving, but a way for me to be able to judge that is to do the roadside to understand where your impairment level is." 
 
Officer:  "I'm sure you're well aware that there was an issue two or three years ago, with a state representative and a Denver officer got fired for it and the state representative got in trouble, too.
 
That incident is in reference to the traffic stop of former State Rep. Laura Bradford, who was pulled over at 17th Avenue and Pennsylvania Street in February 2012.
 
Sgt. Benita Packard was the supervisor during the stop and allowed Bradford to get a ride home without being arrested for DUI. A loaded gun was also in Bradford's car and Packard allowed Bradford to take the gun with her, and never mentioned the weapon in her written reports. The chief recommended that she be fired, but she instead agreed to a demotion. Bradford, citing her husband's health, chose not to run for reelection.
 
Pabon agreed to the roadside maneuvers, which started with the officer asking Pabon questions, including medical questions that were redacted from the video.
 
Later on in the Pabon traffic stop: 
 
Officer: "How much sleep did you have last night?"

Pabon: About five hours."

Officer: "Five hours. Is that a normal amount?"

Pabon: "I've got a 3-year-old and a 9-month-old."

The officer had Pabon follow a light with his eyes. Then, he had him walk heel-to-toe for nine steps, turn around and walk heel-to-toe nine more steps. He then had Pabon put one foot in the air about six inches and balance. The officer said six inches is about the height of a pop can.

Later on: 

Officer: "Although the impairment is slight, I don't think it's really a very high impairment, OK. So I would ask is would you be willing to submit to voluntarily blowing into a PBT, it's a portable breath test, it's not an official test, nor is it admissible in court."

Officer: "If you blow under (.08) on that, you leave. If you blow, even if you're in, a little bit in the DWAI range (.04-.08), it's still not worth my time because by the time I take you to do a test, the alcohol will be out of your system."

Officer: "You're right there on the border for me, that you could be over or you could be just under."

Later on: 

Officer: "The readout is .112, that is verifying what I am seeing because it's a low BAC, but that is over the legal limit."

Officer: "I hate to tell you this, but I'm going to place you under arrest for suspicion of driving under the influence of alcohol. OK. I cannot let this go. It's not worth my job."

Pabon: "Is there a possibility that we can have my wife come and pick me up or a family member pick me up right now?"

Officer: "Once you're done with processing they can do so, yes."

Pabon: "No, I just mean before you…

Officer: "No, I cannot do that, no."

Officer: "It would look very bad; one, upon myself, and it would also look very bad upon yourself if we did that for you."

Pabon: "Can you put a call into your supervisor or the city attorney?"

Officer: "They will be notified because of who you are."

Pabon: "Is there anyway we can avoid this possibility? I mean, I know you've got…"

Officer: "I cannot, no."

Pabon: "This is going to change my life right now." 

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