She Wouldn't Listen to Me

Three police vehicles arrived at the scene of an accident where a burgundy Chevy Blazer and a black Volkswagen Cabrio collided near the intersection of Fanuel and Garnet Streets in Pacific Beach, at approximately 8 pm on Sunday, May 2.

A young mother with her 10-month-old child was riding in the burgundy Chevy along with the child’s grandmother; two 22-year-old, blonde females, Rachel and Amanda, were riding in the Volkswagen Cabrio.

The cars were traveling east on Garnet. The Chevy was stopped at the red light but the Volkswagen Cabrio failed to stop as it approached from behind. The impact was heard several blocks away.

I spoke with the drivers of both vehicles. The trembling 22-year-old driver of the Volkswagen said, “I’m scared. I had a beer,” her breath intoxicating from over a foot away.

“Just try to sound sober,” said her friend. When I asked the two what had happened, the passenger said, “I was wondering why she just kept going. The light was red and she was giving it gas.”

Other than aches, pains and red marks from where the airbags had hit the neck and chest of the practically topless Chevy driver, no one from either car was aware of any other injuries at the time.

A man named Jim Kinder, a witness to the accident who introduced himself as a retired civil defense, civil litigation attorney, was unpopular with the SDPD; Kinder was addressed by name, without them having to ask.

“They hate me,” said Kinder, “I tell people what their legal rights are. Their legal rights are that they don’t have to take the pencil test -- follow the pen or pencil with your eye -- they don’t have to answer any questions under the 5th Amendment, they don’t have to do the sidewalk sobriety test, and if you’re 21 or older you don’t have to take the portable breathalyzer. They [cops] try to get people to do all those things because that gets them convictions. And unfortunately, it’s their job to get convictions,” said Kinder.

Kinder spoke with all parties involved in the accident and informed them of their rights.

“Look, see, she’s doing exactly what I told her not to do,” said Kinder at watching the woman succumb to sobriety tests.

“She’s going to jail. She wouldn’t listen to me. Too drunk to listen to me,” said Kinder.

Outcome: The driver, after taking the tests Kinder advised against, was handcuffed and taken into custody for further testing; her Volkswagen Cabrio towed away by the SDPD.

“Will you please stop taking pictures, it’s a HIPAA violation,” said one of the firefighters, to me. (To hear Kinder’s response and watch excerpts from the scene of the accident watch video).