On May 1st, 2024, an officer in New Mexico was out on patrol when he spotted a white Toyota missing a tire, creating a trail of smoke and sparks. The officer quickly performed a traffic stop, pulling the driver over on a nearby road. Here's what the officers did next. Hey, how's it going? Hey, what's going on? You know you're missing a wheel. I'm missing a wheel? Yeah. Do you know that at all? You don't know that at all by chance? No. Yeah. You're driving. You don't smell the smoke. No. Hold on. Stay right there. Stay right there. Oh, sorry. No, you're fine. Yeah. You're You're down to like It looks like you're down to the wheel. It's smoking and sparking everywhere. You're leaving a trail all the way you're going. No, I didn't know that. You didn't know that? Where you coming from? Um uh from Northeast. Where's Northeast? Northeast Heights. Northeast Heights? Where? Um 1100 I heard. Okay, perfect. Can I see your driver's license real quick? Sure. Where are you going right now? Home. Home. So you just said you're coming from there. So you're going there too as well? Uhhuh. Yeah. Those look like credit cards. Nope. Those look like credit cards. You don't have your driver's license? Yeah, I do. Do me a favor. Go ahead and turn the car off real quick. Turn the car off. Thank you. Turn the car off and go ahead and put the the uh keys up on the thing on the dashboard. [Music] Do me a favor. Yeah. You don't have any shoes on or anything? Go ahead and step over here. Okay. Okay, put those up on your trunk. Good. Do you have any weapons on you or anything like that? Okay, at all. Do you mind if I check? Yeah. Okay, go ahead and turn around. Face that way. Check. Okay, keep your hands up. Keep your hands up. Put your hands down on the floor real quick. Check. Got you. Okay. Go ahead and do just go ahead and hang out right here. The back of your trunk. Okay. The back of your trunk. Go ahead and hang out right there. Okay. No. I mean, you don't you don't need to check me. What do you mean? I mean, you don't need to check my car or anything. I don't have any weapons. I'm not Do you know why we stopped you at all? No. Over here. Oh, I didn't know that. You didn't know that that was happening? No. Why wouldn't you have noticed that? traffic. Just driving home. You didn't notice that you were missing your tire and driving under your car. It's traffic. We're sorry about that. Um, we're allowed to enforce traffic and take our jurisdiction, right? I am joining jurisdictions, but No, just in stand over there. I ma'am, come over here and stand at the back of your truck. Yes, you do. Hold on one sec. Can you come stand over here? Go stand over there. Come over here. I'm just asking. Can you go stand over there, please? Ma'am, don't touch me. Come stand over here. You stand right there. What? Why is he touching me? Because you're walking towards him. He's telling you to stand over here. I'm not touching him. Well, you're not listening. I'm not walking towards him. No, you're not. He was grabbing my arm. Because you're walking towards him. All right, I'm going to go get my phone. I'm going to record him. Okay. Are they going to come do it or do they want us to do it? Are they willing to do it or no? He says that he'll do it. He has to pick up the rookie first. Okay. Boy, if you just want to do everything. Five cars for me. What am I doing? I'm not doing anything. I don't have any weapons. Okay, just hang on. We're going to conduct a DWI investigation and then if you're good to drive, then we'll let you go. Okay. Okay. [Music] No, right there. I'm just looking. You're going to go right back to the back of your truck. Go to the back of your truck. Yeah. I'm not to the back of your truck. I'm not. Ma'am, we're not we're not trying to be rude or anything with you. Can you just stand back here and wait? It depends. It depends. Um, we're I'm trying to be nice and cordial with you. We're just looking. We're looking from here. We're not going to your vehicle. It's fine. You're not. We are. If I have an attorney with me. Yeah. It's not really It's not how it goes. Can you stand over here to the back side of your car? Okay. Do not try to get in your vehicle. Do you understand? I'm not trying to get in my vehicle. Do you understand? I'm just saying I'm telling you do not try to get in your vehicle. All right. I'm not I'm not doing Don't step. That's why that's why we're telling you just hang out. That's all you got to do to not step towards yourself. You're not going to get into your vehicle. I gave you my license. Insurance. It's right there. There's a credit card. What is that? Credit card. No, my insurance is here. My license is here. Well, don't come over there. Go over there. Absolutely not. Go over there. Absolutely not. No, you don't have to touch me. You do not have to come towards me. I'm touching you. I'm touching your It looked like you were going to fall over. No. Why don't you have a seat on the ground or something? No, I don't need to do that. You need you need five vehicles or Well, we were following your tire drag marks all the way over here from 528 in Southern. I just didn't know that I had that. Okay. Simply. Okay. So, hang out for a minute. Okay. And officer is going to come over here and they're going to conduct a DWI investigation. [Music] I I am not comfortable with you. That's okay. If you're not comfortable, you can go to the back of your truck. No, absolutely. I'm not comfortable with you standing there. We're not comfortable. We think that you're going to try to get back in your vehicle and try to drive. That's why he's standing here. What do I have? I have a gun. I have a knife. You do? Nothing. Okay. I'm saying so you need to move. Genie, no. You're threatening me. He's not threatening you. He is. No, he's not. He's standing there because we think that you're going to try to get back in your car. Don't Don't think that I'm not going to make a big deal of it. Of what? Of this. A waste of resources. How is this a waste of resources? Do you not believe that it was a major hazard that you were driving around the city on a rim? Seven. Seven. Yeah, it's a waste of resources. Okay. I'm not threatening anybody. I'm not doing anything. It's a waste of resources. The hazard of you driving on the road on a rim like that is kind of threatening everybody. Well, I didn't even know that. That's a problem. I don't even see it. Do you see it? Can you tell how your whole car is tilted? No, I don't even see it. That's concerning. [Music] What's your first name? You're not a registered owner of this vehicle. I am. Well, I just ran it and you're not on there. Yeah, I am. Is your name Jason? No. I didn't think so. That's my husband. Okay. Well, you're not on the vehicle registration is what I'm saying. So, what's your first name? You have to provide that. You know that, right? Okay. Not providing that is a crime, just so you know. No, my husband is registered. I know, but you have to provide your No, I don't. You were driving this vehicle. You can't provide your driver's license. I'm trying to get your name and date of birth so that I can pull up your driver's license information and make sure that you're a valid driver. Can you please tell me your first and last name and your date of birth? That's called concealing identity. This is a lawful traffic stop and I don't want you to get in more trouble. Give Give me a reason because I'm asking you. No. And you we're stop waffling. I don't have to do that. Okay. It's so I guess he wants him to handle it. So she is Hello. Hello. What is your name? Officer Rodella. Hello. Hello. Jenz. Okay. Do me a favor and stand by your car here. Just just you know, we'll be with you in just a minute. Okay. You already explained to her the situation? Yeah. I'm refusing to identify yourself. We're all too white. Do you have an ID on you? Can we take a look at it? What am I doing? Is this your car? Okay. Well, the reason why we're here is because uh your tire you're driving on the rim. Okay. Yeah. I mean I I mean that's not a crime, right? To have a tire going. No, but it's kind of weird. I mean, it's It is a crime to drive in a vehicle in unsafe condition. You know, I was pulling off to fix it. Call my husband to get fixed. The tracks from the 28. Um, yeah. Sarah was when I just noticed it. I got to What's your date of birth? you. That's real. Like him cuz he's brown and I'm white. Why? So, I just wanted to get that for the camera. I'm going to put this in your car for you. Okay. So, it doesn't get lost. Just wanted to make sure that was on camera. Did you see the rim? Huh? She's driving on the rotor. It's not even a Yeah. Ma'am, can you go back to the back of the car like we asked you multiple times? Get out of my way. I'm not going to get out of your way. I'm going to ask you one more time. Good to go back to the other to the back of the truck. Stand right there. Touch me. Well, just relax for now, ma'am. Just Why is Why are they kissing me? Because we have to investigate the situation. I'm just walking. Yeah, but now you just just pushed one of the officers. So, that's a crime. No, I didn't. You did. I did not. You have some shoes in the car. Charles 5253. That female is going to be detained for a battery on a police officer. Do not try to name me at all. Why are you touching me? I I have not done anything wrong. You did? You've done two things three things wrong. One, you're driving on a rim, which is what? Cut it out. Stop. That's it. Stand up. Take a seat. Take a seat. [Music] Yeah, she just kicked me in the nuts. Stop. Just relax. You're making I'm making things worse. Okay. Why am I being Just relax. You want to sit up? Treat it like Do you want to sit up? What did I do? Do you want to sit up? I'm asking you. Do you want to sit? Do you want to sit up? What did I do? Right. Yeah. We're going to sit you up. Okay. You want to sit? No. That way you're more comfortable. No. Come on. Just roll over and sit down. Okay. I'm going to help you, Jennifer. Okay. Just roll over. She wants to stay in that position, but I'd rather she sit. I think we have to roll her on her back. And then look at this. You need to sit up here. There we go. She's going to start kicking. I am going. There you go. Sit up. Just sit up. Sit up. I'm going to make sure that you guys need to sit up and you know who I need to sit up. Dr. Jen. Okay. Who needs to sit up? Doctor St. What's your name? Uh, I think it's Jennifer. She wasn't homeless at first. Good morning. Hi, ma'am. My name is Officer Duran. Okay. Okay. The reason I'm here, ma'am, is that Wenos? I'm sorry. Wenos. Wenos. Yes. What's your name? Jen. Jen. Okay. My name is Victor. I'd shake your hand if I could, but you're in cuffs. Okay. Yeah. All right. Are you having a rough take off? I can't take him off, but let me see. Let me see how tight they are. Just stay in there for now. Just stay in there for now. Okay. to commit crime. Are they're a little too tight? You want me to loosen them up a little bit? Of course. Okay. Go ahead and step out just so I can loosen them up. But are if I do that for you, are you going to be cooperative? Yes. Okay. I'm not going to take him off. I'm just going to loosen him a little bit. Okay. All right. Come on, Jen. All right. Face the vehicle for me. Mhm. Thank you, Jen. This one. Does that feel better on this one? All right. Six vehicles. No. for traffic. So, no, ma'am. It's just the more of us, the safer everybody is, both you included. You know what I mean? So, it's not to intimidate you. It's not for any other reason other than just for safety. And it's mainly your safety. Cuz if there's only one of us and somebody wants to fight now, you know, we can get really hurt. But if there's more than one of us, we can uh we can mitigate that. Yeah. Feel a lot better. Okay. You know what? You've been very cooperative. So, I'm gonna let you stand and just talk to me like this. Okay. All right, ma'am. The reason why I'm here, okay? Is because you're suspected of being under the influence of either drugs or alcohol. Okay? That's the reason I'm here. So, in order for me to make sure if that's true or not, to make sure that you listen to me real quick. Just real quick, then I will let you talk. I will let you talk. I promise. Okay? Just listen to me. The reason why I'm having you, you want your shoes? Let's go. The reason why I pulled you out, asked you to step out of the car, is because I just want to make sure that you're safe to drive that vehicle back home. Okay. Do you feel like you're in good condition to drive it home? Okay. I don't know that. Okay. Cuz I'm not a doctor, but do you mind performing some uh some field sobriety tests just to make sure that you're okay to drive? Yeah. Okay. All right, ma'am. In order for me to do that, okay, I have to take you out of handcuffs. Okay. But if I do that, I need you to be cooperative. Okay. I don't want him or want him. They're good guys, man. They're good guys. They're not. Sometimes things start off on a wrong foot. Okay. If they're not, I may have been him. I may have been the one that had to put you in handcuffs. I I don't know what happened when I got here. Okay. I don't want him or him anywhere near me. Okay. So, before I take him off, just give me one second. Okay. Yeah. All right. So, the only thing, Sergeant, I don't need to take him off for HGN. So, let me just do HGN real quick. Um, that's the issue that that's the issue that we're going to fall into. If I move off cut, she's already 15 and she starts up again. I mean, we were talking about it. I think I think you guys were right. I think I was overthinking it and I think you guys might have it. Yeah. I think I think here we have it. Especially with you talking to her now. We could you could articulate too like, hey, this is your demeanor now. Yeah. And if we take her out, she's going to be um combative again. And then we're giving her the opportunity to um be combative again. Why would Okay. Okay. And alternates or I could do the only well the only I can do in that condition 15 cup and hn. at least my supplemental I'll add to it like hey you know due to the circumstances the only field soiety test I was able to do you know safely on her with HGN because she was she was uh arrested on a felony crime you know what I mean on the I'm yeah on the same page it's just it just changes the dynamic but no I I I see where you were coming from brother it's it's a hard one okay I agree with that all right ma'am so what I'm going to do okay again it's called the standard field writing tests okay what I need you to do your hands are behind your back. So, just leave them that way. Okay. You want to put on your shoes or you good barefoot? I'm good. It's not too cold. Okay. Do me a favor. Put your heels and toes together just like this. All right. And then Uh-oh. Okay. Okay. So, the only thing is that if I have you stand like that, you can look at me. I'm going to hold you for now, but in order for me to perform this test, I can't hang on to you. Okay. You have to be able to stand straight, heels and toes together on your own power. Okay. Okay. All right. All right. I'm going to wait just a minute just to make sure that you're okay. Okay. All right. Perfect. All right. So, what I need you to do is go ahead. You okay? Yeah. Ma'am, you're swaying a lot. You going to be okay? I'm nervous. Okay. Let me ask you this real quick, man. It's okay, Jen. Jen, it's okay. All right. We all have bad days. Okay. I can smell an order of alcohol coming from your mouth. Okay. Mhm. Uh, have you had more than two beers? No. More than one? No. How about uh more than one shot? I could I can smell the alcohol, ma'am. Okay. That's why I'm asking you. I'm not asking you if you had. I can smell it and it's coming straight from your mouth. Okay. So, have you had more than two beers? No. Have you had more than one shot? Two shots. What kind of alcohol have have you had? Just wine. Wine? Okay. Just a glass. Small glass. Big glass. Small glass. Small glass being like 12 oz. 16 oz. 10 oz. 8 oz. About 8 oz. Okay. How long ago? Uh what time is it? So, right now it is 6:32 in the morning. Uh, probably 4:30. About 4:30 a.m. in the morning. Okay. Have you gone to bed since then? Mhm. Yeah. Okay. Yeah. All right. So, let's get back to this test. Okay. All right. So, what I'm going to have you do, go ahead and look straight at me. Okay. Make sure you keep your hands and feet just the way they are. Put your feet Make sure that they're touching. You see where your toes are? Yeah. There you go. Perfect. Just like that. All right. So, what you're going to do, you see the tip the tip of my finger? Mhm. All right. So, what I need you to do is you're going to follow the tip of my finger with your eyes and your eyes only. Not moving your head. Okay. Don't move your head. All right. Go ahead and have a seat for me. Okay. Just real quick. I'll be right back with you. Okay. Can you have a seat for me? What's wrong? I don't want to have a seat. Okay. Just go ahead and stay right here with this officer. Okay. All right. So, she can't she can't finish. Um she was swaying at first. She's able to keep her balance now. Um she couldn't finish HGN. She's not listening to direction. She keeps moving her head. Um but even what I could get from the HGN on the onset uh in equal tracking, uh she does have nice stagnant back. So, okay, Jen, can you do me a favor, ma'am? I know you said your Is it Jennifer? Wow. Yeah. Jennifer. What's your last name? Gutierrez. Okay. Jennifer Guerz. Okay, ma'am. So, Jennifer, having car issues isn't a crime. You're right about that, ma'am. So, I'm just listen to me. What I'm about to tell you is very important. Okay. Okay. All right. So, you are under arrest for driving while under the influence. Okay. Why? How? Oh, just let me let me run this all by you real quick. Tell me and then I'll explain everything to you. Okay. Did Did you give me a breathalyzer? I give you my word. We'll get to that. I give you my word. Okay. I don't make promises often. Okay. But I promise you that what if you let me get through this, I will explain answer any question that I can as far as why you're arrested and then the breathalyzer question you had. Okay. All right. All right. So, what I'm about to tell you is very important. The New Mexico Implied Consent Act requires you to submit to a 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. Do you understand that so far? No. I got to get a yes from you, ma'am. All right. I'm going to I'm going to move on. Okay. Will be paid by the Rear Rancho Police Department. Do you understand that? No. No. What do you not understand, ma'am? I understand but I don't agree. Okay. That and I'm not asking for you to agree. Okay. So, as far as what I've read so far, including you know the first part, you do understand, you just don't agree. Yeah. Okay. Thank you, ma'am. All right. So, now being read this information. Okay. Do you agree to take a breathalyzer test? No. No. Okay. So, now your question that came now I'll answer your questions. Okay. All right. So I'll I'll start from the last question which is a breathalyzer because that's what this is for. Okay, this is the implied consent for the you know New Mexico state statute. Okay, for DWI in order for us for you and us to be able to confirm that you are not impaired to the slightest degree, we would need to perform a breathalyzer test. But if you refuse, then you're charged. I I I'll have to read some further information here. Okay. safely. But if you want to confirm that you're not under the influence, you can take the test. You still choose to not take the test? No. Okay. All right. I can't force you to take our test, but if you refuse, you will lose your New Mexico driver's license or non-resident operating privileges for one year. If you are convicted in court of driving while under the influence, you may also receive a greater sentence because you refused. Do you understand? Okay. You're right to speak. Uh, okay. So, being given that information now, uh, would you like to take the breathalyzer test? No. Okay. All right. Your right to speak to an attorney or remain silent does not apply to the requirement of New Mexico law uh that you take a breath test. Okay. You understand that? Okay. You agree to take a test at this time. No. Okay. So, now to answer your question. Okay. because you were cooperative, you know, this is it's it's your right to refuse, okay? But because you were cooperative with me, okay, and you've been polite with me and with everybody else, I will answer your question as far as why you're under arrest for DWI. Okay? I I have a flat tire. That's the whole issue. So, so, so there's what's called totality of circumstance. Okay, ma'am. And I can't I won't go into detail. It'll be in the report. Okay? It'll be in your summons. So, I'm not going to go into detail. Let me just tell you this. have no weapons. Like we have 1, two, three, four, five, six people. We're just here for your safety and ours, ma'am. That's it. Yeah. All right. So, I tried to explain, but I can't. We got to get going now. Okay. If I had a gun. Yeah, I understand. But I don't have a gun. One second. Can you start my declaration, please? All right, ma'am. I'm going to have you come back in here. Okay. All right. Over here. Oh, come on. This No, these these got to stay on cuz you're under arrest, ma'am. Yes, ma'am. Yes, ma'am. So, you're under arrest DWI among some other charges, but it'll all be explained, ma'am. So, don't make it harder on yourself, Jen. Please don't do that. Come on. Come on, man. You're okay. You're okay. You're okay. You're okay. Come on. It can only get better from here, okay? Not worse. How How we'll talk on the way in. you I when I try to explain I'll explain it to you on the way. Thank you, Jen. It's all good. I'm sorry, ma'am. Yeah, I I it's it's hard to speak when you're behind me in the partition. Once we get to the station, I'll be able to speak with you. Okay. Tell you what. So, you're saying that why do we join this profession, right? It's to protect and serve, right? Okay. You said you didn't have any weapons, right? No. Okay. So, do you realize the condition your car was in? Do you know what kind of car trouble you were having? Yeah. I That's why I pulled off. What was your car trouble? What was going on with your car? My tires were bad. How? In what way? You were driving on a rim, ma'am. And based on the condition of that rim, it was the rim itself was only about I would say 10 in in diameter, meaning you were driving on that metal rim so long that you wore it down from about a 15 to 17in rim to 10 in. And as far as not having a weapon, when you're driving in that manner, ma'am, and you're not aware of it and you're suspected of being under the influence, that vehicle is a weapon. Yes, sir. Uhoh. Put the sign. All right. Go ahead and step out now. You sure you don't want your shoes? No. Okay. over here. Sweet. Cool beans. All right. Go ahead and follow me over here. All right. Hang out here with Officer Pzar. Okay. So, it'll be about an hour to an hour and a half. Okay. Okay. Run in there and we'll check up on you periodically. Okay. Okay. Let me out. We can't right now. Jen. Jen. Hang on. Jen, hang on. Let me tell you something. I'm almost done. But the more you keep kicking, the longer it's going to take me. Just give me 5 minutes. Just give me 5 minutes. I'm almost done. Okay? I'm almost done. Just please. Cuz the more you kick, we have to keep coming in here. 5 minutes and then we'll be out of here. Okay. 4 minutes. The suspect was charged with resisting an officer and the UI. In court, the suspect took a plea deal and pleaded no contest. The court sentenced her to community service and to attend DUI school. She was also ordered to install an ignition interlock device in her vehicle and write three letters of apology. [Music]