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The 1-hour and 5-minute video shared by Transparency Bodycam shows Red Bank Officer Grace Maggiulli responding to a crash at Maple Avenue near the intersection with E Bergen Boulevard on June 3, 2024.
At the scene, one driver explains to Maggiulli he'd been rear-ended while at a red light by a 2023 Chevrolet, which she'd later learn was being operated by New York resident Gustavo Gonzalez, 24, of Monroe, in Orange County, according to police paperwork obtained by Daily Voice.
But Gonalez tells Maggiulli a different version of the story,
"He backed up into me," Gonzalez tells Maggiulli.
Maggiulli keeps a cool head as Gonzalez spends the better part of the hour trying to convince her of his side of the story, and let her know his parents both work in law enforcement.
Maggiulli eventually has Gonzalez exit his vehicle so she can walk him through a series of field sobriety exercises. Gonzalez requested a breathalyzer saying he "usually refuses all that," apparently referring to field sobriety tests. Maggiulli explains there were a few things she wanted to ask him, and that officers in New Jersey don't carry breathalyzers.
Maggiulli asks Gonzalez if he has any head conditions, specifically anything that would cause Nystagmus with his eyes.
"No, what are you going to do the finger thing now?" he says, moving his index finger back and forth in front of his face.
"Yeah, I am actually," Maggiulli says, and explains his eyes were shaking in real-time.
Gonzalez denies drinking alcohol, taking medication, and having any neurological conditions. Maggiulli again explains the way his eyes are shaking, she wants to put him through field sobriety tests.
Gonzalez says he's in shock from the other driver backing into him, but the officer isn't buying his story, and calmly explains that the nature of the damage indicates that Gonzalez, in fact, rear-ended the other driver.
Gonzalez appears incapable of completing the first field sobriety test and tells the officer he's "refusing everything," and again asks for the breathalyzer or a blood draw.
"Just based on what I'm seeing and how you are... your eyes," says Magiulli, who topped the department for DUI arrests in 2017, and was honored by MADD. "You have resting Nystagmus."
Gonzalez was ultimately taken into custody. The crash report indicates that intoxication was a contributing factor in the crash, and cited for careless driving, following too closely, failure to possess driver's license, operation of a motor vehicle while in possession, and DUI.
Gonzalez blew a 0.0% on the breathalyzer, however, a search of his vehicle turned up illegal drugs and syringes.
As of press time, the only charge associated with the June 3 incident on the New Jersey Courts website was drug possession.
On March 19, Gonzalez was charged with careless driving, DUI, and refusal in East Orange. Those cases remain active.
Click here for the complete video from Transparency Bodycam, which had 11.5K views as of press time.
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