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How a Misdemeanor Turned Into Several And a Possible 18 Month Prison Sentence
How a Misdemeanor Turned Into Several And a Possible 18 Month Prison Sentence

NM Bodycam  |  2025-06-16

13,811
520
67
20:42
ID: Z-GvUUjJiqE
Definition: hd
Dimension: 2d
Language: en
Description

Officers report summarized: On February 10, 2024, at approximately 0103 hours, I was patrolling west bound on Marland in Hobbs, Lea County, New Mexico. I observed a white Ford pickup traveling west bound in front of my patrol unit, The vehicle displayed New Mexico registration, I ran the registrati...

Officers report summarized: On February 10, 2024, at approximately 0103 hours, I was patrolling west bound on Marland in Hobbs, Lea County, New Mexico. I observed a white Ford pickup traveling west bound in front of my patrol unit, The vehicle displayed New Mexico registration, I ran the registration and the vehicles registration and insurance came back suspended. I turned on my emergency equipment and initiated a traffic stop. I approached the vehicle on the passenger side and observed a male driver to be the sole occupant of the vehicle. I stated the reason for the stop and asked for all proper documentation. I observed the driver to display blood shot watery eyes, slurred speech when answering my questions and the driver’s movement when trying to retrieve his documents was very slow and sluggish. I asked the driver if he had drank any alcoholic beverages before driving and the driver stated, “no”. I had the driver step out of the vehicle and I identified him as Mr. Gonzalo Castillo Marquez by his United States passport. When speaking to Mr. Marquez I advised Mr. Marquez he would be performing SFST’s to ensure he was safe to drive. When Mr. Marquez was walking towards me, I observed him to be stumbling. Horizontal Gaze Nystagmus Test (HGN): I instructed Mr. Marquez to get into the test/starting position. I then instructed him to follow the tip of my pen with his eyes and his eyes only without moving any other part of his body. I asked Mr. Marquez if he understood the instructions to which he stated "yes". During the test Mr. Marquez did move his head and he had to be reminded not to move any other part of his body besides his eyes. I had to restart the test due to Mr. Marquez moving his head and not looking at the tip of my pen. I was unable to validate the clues for the HGN test. Walk and Turn Test: (WAT): Mr. Marquez was placed in the starting position for the WAT test. Mr. Marquez struggled to maintain his balance in the starting position and was using his arms to maintain his balance. During the walking phase, Mr. Marquez stepped offline, on step two, and he could not maintain his balance. On his returning steps, he could not maintain his balance and stepped offline once again on step ten and on step eleven using his arms for balance more than six inches from his body. One Leg Stand (OLS): I instructed Mr. Marquez on how to do the one-leg stand. Mr. Marquez swayed side to side, placed his foot down three times and stumbled. I instructed him to continue the test and he placed his foot down prior to being told to stop the test. Based on Mr. Marquez’s blood shot watery eyes, slurred speech and him performing poorly on SFST's. I placed him under arrest for Driving Under the Influence of Intoxicating Liquor and or Drugs. I read Mr. Marquez the New Mexico Implied Consent Advisory for a breath test. Mr. Marquez agreed to give a breath test. Mr. Marquez mouth was checked prior to starting his deprivation period. The deprivation period started at 0124 hours, and he was searched. During the search incident to arrest I located 3.4 grams of suspected methamphetamine in a small clear plastic baggy in Mr. Marquez’s left jacket pocket with his cigarettes. Mr. Marquez admitted that it was meth. I located in his right jacket pocket Mr. Marquez to have a small nugget of marijuana in the a clear plastic jar. I transported the evidence and Mr. Marquez to the Hobbs New Mexico State Police Office to complete booking related paperwork and conduct the breath test he agreed to taking. After the completion of his 20- minute deprivation period Mr. Marquez blew a .00 on his first breath sample and .00 on his second. I then read Mr. Marquez the New Mexico Implied Consent Advisory for a blood test which Mr. Marquez agreed to give a blood test. Officer Alberto Juarez with New Mexico State Police contacted New Mexico State Police Dispatch to conduct a Triple I on Mr. Marquez and observed him to have 2 prior DWI convictions. I then contacted New Mexico State Police dispatch to see if there were any certified DRE officers that were on duty. Dispatch advised me that they made contact with Deputy Troy Brackeen with the Lea County Sheriff’s Office, who is a certified DRE officer to conduct alternative testing. After testing was conclude deputy Brackeen conclude that Mr. Marquez was under the influence of methamphetamine. I tested the small, crystallized rock, that was in a clear plastic baggy which field tested positive for the presence of methamphetamine. A “Quick Check” test kit for meth/ecstasy revealed positive for methamphetamine. After completion of all arresting related paperwork, Mr. Marquez was booked into LCDC for Possession of Controlled Substance, Driving Under the Influence of Drugs, No Driver’s License, Vehicles Subject to Registration, and No proof of Insurance.

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2026-10-17 13,811 520
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