ALBUQUERQUE, N.M. (KRQE) – She has been arrested seven times for DWI and convicted twice. Tuesday she was going to plead to three of those DWI charges at once, but the judge rejected the plea deal saying it was too lenient. Now the Bernalillo County District Attorney’s office says the plea deal is off the table.

Jennifer Whitey was in court to plea to three DWI arrests in a little over two years. “There appears to be three separate DWI offenses it is intending to plea with the admission of two priors, so making this actually a true third, a true fourth, and a true fifth, but the state appears pleading to a 2nd, 3rd, and a 4th,” said Judge Clara Moran.

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Whitey’s latest arrest was in December of last year. She was also trying to plea to DWI arrests in March 2020 and November 2021. She told the court she has been sober for four months and is not driving despite being ticketed on March 31 for driving on a revoked license.

Judge Clara Moran was wondering why they were going to plead down the number of DWI convictions because of her history and rejected the plea. Tuesday afternoon, the district attorney’s office said there will be no more plea deals in this case. “We go back to the drawing board and we see what we can do and we know we are taking it to trial though and there will be no offers made,” said Spokesperson Lauren Rodriguez.

The state will decide if they will try each DWI case separately or try to lump them all together. A fifth DWI conviction is a mandatory one year in prison. Whitey was ordered to report to pre-trial services to make sure she has not been drinking and violated her conditions of release.