Deal NJ DWI Bodycam footage captures the confusing moments that led to the arrest of a 43-year-old woman in Deal, New Jersey. What started as a motor vehicle stop quickly escalated when officers discovered an open container of alcohol and a driver who claimed her phone had just been stolen. This case highlights the complexities of language barriers and impaired driving investigations on the Jersey Shore.
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Watch: Deal NJ DWI Bodycam Caught on Camera
Note: Pay close attention to the timestamp at 00:09:47. This is the moment Officer Velasquez confirms to a backup unit that she found a “crushed up Modelo” bar can inside the vehicle, significantly shifting the investigation.
Full Story: How the Incident Unfolded
The incident began in the early morning hours of March 24, 2024. Officer Jenifer Velasquez of the Deal Police Department initiated a traffic stop near Hathaway Avenue and Atlantic Avenue. The subject of the stop was a grey 2008 Dodge Ram driven by Nancy Hernandez Garcia.
The Initial Confusion From the moment the officer approached, the driver appeared disoriented. Hernandez Garcia, who was wearing a shirt from a local restaurant named “Undici,” claimed she was coming back from work. However, her story had several gaps. She told the officer that someone had “took her phone,” which immediately raised red flags for the patrolwoman.
The “Red Bank” Excuse In a strange twist, Hernandez Garcia claimed she had already been stopped by police in Red Bank, New Jersey, earlier that same night. She told Officer Velasquez that the previous officers pulled her over for “failure to lane”. Despite this claim, she could not produce a ticket, registration, or insurance card when asked.
The Discovery The situation turned critical when the officer looked inside the truck. According to the police report, Officer Velasquez observed a crushed-up Modelo beer can in the middle console area. When asked about drinking, the driver initially denied it but later the officer noted the smell of alcohol on her breath.
Field Sobriety Tests Officer Velasquez proceeded to conduct standardized field sobriety tests. The transcript shows the officer attempting to bridge a language barrier, using a mix of English and Spanish to explain the “Walk and Turn” and “One Leg Stand” tests. The driver struggled to follow instructions, leading the officer to determine she was unfit to drive.
The Arrest: Charges Against Nancy Hernandez Garcia
Following the investigation, Hernandez Garcia was taken into custody. Below is a breakdown of the specific citations mentioned in the report.
| Charge | Simple Explanation | Potential Penalty (US) |
| DWI (Driving While Intoxicated) | Operating a vehicle while impaired by alcohol or drugs. | License suspension, fines ($250-$400+), and potential jail time. |
| Open Container in Vehicle | Having an open can or bottle of alcohol in the passenger area. | Fine of $200 for a first offense (NJ specific). |
| Careless Driving (Implied) | Often cited alongside DWI for unsafe operation (like the “failure to lane” mentioned). | Fines and points on the license. |
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Legal Analysis: Was the Deal NJ DWI Bodycam Stop Justified?
Fourth Amendment Check For a traffic stop to be legal, an officer must have “reasonable suspicion” of a violation. In this Deal NJ DWI Bodycam case, the police report notes the initial call type was a “Motor Vehicle Stop” which then upgraded to a DWI. If the driver was swerving or driving erratically (consistent with the “failure to lane” she admitted to earlier), the stop is legally valid.
Probable Cause to Search The “Plain View Doctrine” likely applies here. Officer Velasquez reported seeing the crushed Modelo can when the driver opened a compartment. Seeing evidence of a crime (open alcohol) in plain sight gives law enforcement probable cause to search the rest of the immediate area without a warrant.
The Language Barrier Defense A potential legal challenge could arise regarding the Field Sobriety Tests (FSTs). The transcript shows the officer struggling to communicate instructions in Spanish (“Mira la punto,” “Uno dos tres”). Defense attorneys often argue that if a suspect cannot fully understand the complex instructions of a physical test, their “failure” might be due to confusion rather than intoxication. However, the physical evidence of the open beer and the odor of alcohol provides strong independent evidence for the arrest.
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General Legal & Police Procedure FAQs
Can police search your vehicle without a warrant?
Generally, the Fourth Amendment protects against unreasonable searches. However, under the “Plain View Doctrine,” if an officer sees something illegal (like an open beer can or a weapon) through the window while standing in a legal position, they have “probable cause” to enter and search the vehicle without a warrant.
What is the purpose of the “Pen Test” (HGN) officers perform?
You often see officers moving a pen or finger in front of a driver’s eyes. This is the Horizontal Gaze Nystagmus (HGN) test. Alcohol causes the eyes to jerk involuntarily when looking to the side. Officers look for this “jerking” motion as a scientific indicator of impairment that a driver cannot easily control or hide.
Do you have a right to an interpreter during a traffic stop?
In the US, while you have a right to an interpreter in court, a roadside traffic stop is a fluid investigation. Officers often use translation apps, basic commands, or bilingual officers to communicate. However, a severe language barrier can sometimes be used by defense lawyers later to argue that the driver did not understand the instructions for sobriety tests, potentially challenging the arrest results.
Can you refuse a Field Sobriety Test?
In many US states, Field Sobriety Tests (walking a line, standing on one leg) are voluntary. You can politely refuse them. However, refusing a chemical test (breathalyzer or blood test) after being arrested often carries automatic penalties (like license suspension) due to “Implied Consent” laws, which are different from the physical roadside tests.
Why do officers ask “Where are you coming from?”
This is not just small talk. Officers ask this to test a driver’s memory, speech patterns, and ability to process divided attention tasks while under stress. They are listening for slurred speech or inconsistent stories (e.g., saying they are coming from work at 3 AM when the business closed at 10 PM) to build “reasonable suspicion” of impairment.
Conclusion & Current Status
Nancy Hernandez Garcia was processed at Deal Police Headquarters. The vehicle was towed by Bennett’s Recovery. She was released with a summons and given a court date of April 10, 2024, at 09:00 hours.
This case serves as a reminder of the strict DWI laws in New Jersey and how quickly a “lost phone” excuse can turn into a criminal investigation when alcohol is involved.
Download Police Report click here.
Disclaimer: All suspects are presumed innocent until proven guilty in a court of law. This report is based on official police records.
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