The police department in Albuquerque, New Mexico, is facing scrutiny from the Justice Department over an alleged DWI scheme perpetrated by police officers and an attorney. The story underscores the need for diligence in promoting transparency and accountability in law enforcement.

The scam involves the Albuquerque Police Department (APD) collaborating with a defense attorney to extort money from residents accused of driving while under the influence.

One of the reports chronicles the story of Carlos Smith, who was pulled over during a routine traffic stop for speeding. The officer’s bodycam showed Officer Joshua Montaño’s interaction with Smith, in which he subjected the motorist to a series of field sobriety tests that resulted in an unnecessary arrest.

“I’m Officer Montaño with APD, I stopped you for speeding,” Albuquerque Police DWI Officer Joshua Montaño is heard on lapel video from that traffic stop last June. “Yes sir,” Smith replied.

Police lapel video showed the 42-year-old stopped by Officer Montaño near I-25 and Central.

“Carlos, why you going so fast, man?” The officer asked. “I apologize, I was just trying to get over in the lane and get on the freeway. My bad,” Smith replied.

Officer Montaño checked his eyes and ran Smith through a series of field sobriety tests. “I’m nervous,” Smith admitted, adding he was concerned about his 16-year-old cousin who’s watching from the car.

“I don’t wanna leave my cousin,” Smith said. “I gotta be a good example. I shouldn’t have sped, I’m sorry sir.”

“Well let’s just see how you do, okay?” Officer Montaño replied.

Smith complies with an eye test, walks in a straight line, and mentions problems with his knee when asked to balance on one leg.” This is the bad knee, so can I do this leg instead?” Smith asked. “Any leg you’d like,” Officer Montaño replied.

Smith then counts backward and successfully recites a portion of the alphabet. But in the end, “I do have to give you the opportunity to do a breath test,” the officer said.

At that point, Smith is placed in handcuffs and driven to the Prisoner Transport Center downtown. “To be truthfully honest, I was lost and super confused,” Smith told KRQE. “I didn’t know what to do. So I had no choice but to proceed and do what he asked.”

Leaving his cousin to wait for a ride, Smith willingly took two breathalyzer tests. During the tests, Montaño removed his lapel camera and placed it at a distance from his interaction with Smith, so it’s hard to hear this interaction.

The plot thickened when Smith, after twice blowing below the legal limit of .08, was still arrested and booked for DWI.

The story took an even more suspicious turn the following day when Smith received a voicemail from Montaño explaining that some of his possessions were missing.

“Hey Carlos, this is Officer Montaño with APD. I was just giving you a call because I – I don’t know if you realize, but I’m sure you do that – some of your jewelry was missing from the property from Sunday evening. And it looks like the PTC officers didn’t put that in your bag, but I have it.”

In a follow-up phone call, Smith says Officer Montaño told him he could get his bracelet back from his attorney friend. When asked where he was directed, Smith said he was given a phone number for Thomas Clear’s legal office.

Smith visited Clear’s office and secretly recorded their conversation. The attorney’s paralegal guaranteed that if Smith paid $8,500, they would get his DWI case dismissed. Guaranteeing the outcome of a case violates the professional code of conduct for lawyers.

It appears Smith’s story was not an isolated case. Another report revealed that a federal probe uncovered almost 200 DWI cases that were dismissed due to concerns about the officers’ credibility. The report highlighted the case of another officer who chronically failed to appear in court, which led to a series of dismissals. However, the case got the federal government’s attention after an officer pulled over the wrong person.

The man who was pulled over was an employee of the second judicial district court. His boss, court executive officer Katrina Watson, wrote a letter to the APD’s police oversight agency and the state’s supreme court.

“The court, CEO, the court officer is saying this is fishy because the employee says the officer who pulled him over told him, get in contact with this lawyer,” Day said. “And we guarantee basically the case will go away.”

Ten days after the letter, the driver was charged with driving while intoxicated and refusing to give a breath sample. The charges were filed three months after he was pulled over.

“That’s just never; that’s almost never happened. So there’s something very, very fishy about that,” Day said. “Looks like an officer trying to cover himself after being found out.”

Here is how the alleged scheme works: An officer pulls over a resident and charges them with a DWI. Then, the victim is told to enlist the aid of Clear, who will get their case dismissed for a hefty fee. This means the individual will not have a DWI on their record.

After the payment is made, the officer who initially made the traffic stop and subsequent arrest “forgets” to show up in court to testify. In most states, the case is dismissed if the officer does not show up on the recipient’s court date.

One of the officers in question had not shown up in court about 99 times since 2013.

The implications of this case are profound – especially if the FBI digs deeper and finds more evidence of malfeasance. The American Civil Liberties Union (ACLU) has also filed a lawsuit on Carlos Smith’s behalf that could turn up even more troubling evidence against the department.

If it is found that these officers engaged in a scheme to extort Albuquerque residents, it will further illustrate the need for accountability among members of law enforcement. This is a case in which members of law enforcement abused their positions to prey on undeserving civilians, which cannot go unanswered.