A Taos Sheriff’s Deputy is facing perjury charges for what he said during a DWI hearing.
Sergeant Gilbert Atencio arrested a man last month for aggravated DWI after he says he refused to submit to a breathalyzer test.
According to court documents, the man did at first refuse to take the test. However, the man then later agreed to take a breathalyzer test, but he was never tested and hit with the heightened DWI charge.
During a MVD hearing to revoke the man’s license, Atencio testified three times that he had reviewed his lapel video and said that the man had refused to take the test twice.
When questioned, Atencio said it was a simple mistake in his recollection and that he’s never made this mistake before.
The DWI charge against the man was dropped.