Judge HUMILIATES Drunk Mom in Court After Shocking DWI Case | Real Courtroom Drama”

Added: 2026-05-30

[00:00:00]You almost killed your children or seriously injured them.

[00:00:05]You almost killed other people. Were you thinking celebrating New Year's Eve and having a 4-year-old and a 6-year-old out that early morning hours?

[00:00:16]>> Jake Wilkins for the state, Your Honor.

[00:00:17]>> Defense.

[00:00:18]>> Christopher Castro for the defense.

[00:00:19]>> Are you, Ms. Desiree Gutierrez?

[00:00:21]>> Yes, Your Honor.

[00:00:22]>> Counsel, have you received all the discovery and did you review it with your client?

[00:00:26]>> Yes, Your Honor.

[00:00:27]>> Court will find that the state is in compliance with discovery.

[00:00:31]Ms. Gutierrez, I'm going to show you what's entitled application for community supervision. Did you review that with your attorney? Did you understand it and did you sign it?

[00:00:39]>> Yes, Your Honor.

[00:00:40]>> Showing you what's entitled true bill of indictment. Did you review that with your attorney? Did you understand it?

[00:00:45]>> Yes, Your Honor.

[00:00:46]>> Counsel, do you waive the reading of the indictment?

[00:00:49]>> Yes, Your Honor.

[00:00:49]>> State, are you proceeding on the indictment as presented?

[00:00:52]>> Yes, Your Honor.

[00:00:53]>> Ms. Gutierrez, I'm showing you what's entitled court admonishments. Did you review that document with your attorney?

[00:00:59]Did you understand it? Did you sign it in all the appropriate places?

[00:01:02]>> Yes, Your Honor.

[00:01:03]>> You're charged with the offense of driving while intoxicated with a child under 15. That's a state jail felony.

[00:01:09]Range of punishment is anywhere from 180 days up to 2 years in the state jail facility and up to $10,000 fine. Did you understand?

[00:01:18]>> Yes, Your Honor.

[00:01:18]>> If you have a plea bargain agreement with the state, the court does not have to follow your plea. If for any reason the court does not follow your plea and gives you more than you bargained for, the fact that you entered a plea will not be used against you and you will be allowed to withdraw your plea. Did you understand?

[00:01:34]>> Yes, Your Honor.

[00:01:35]>> Did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:01:45]>> Yes, Your Honor.

[00:01:46]>> Judge May, uh, Justin Court.

[00:01:48]Uh, I'm I'm sorry. When I said that we were proceeding with the indictment uh, as it is, we uh, we would like to orally amend paragraph B, um, the passenger who is younger than 15 years of age, it should read Alora Lee Hernandez instead of Alora Gutierrez. Uh, we did correct that in the plea paperwork, Judge, and I don't anticipate there being an objection from the defense, but >> Any Any objections?

[00:02:11]All right. Um, Ms. Gutierrez, do you understand that's a substantive change to the indictment?

[00:02:18]>> Yes, Your Honor.

[00:02:19]>> All right. Do you understand that your attorney has 10 days from such substantive change to the indictment to prepare for trial?

[00:02:26]>> Yes, Your Honor.

[00:02:27]>> All right. Do you still wish to go forward knowing this?

[00:02:30]>> Yes, Your Honor.

[00:02:31]>> Defense?

[00:02:32]>> Yes, Your Honor.

[00:02:32]>> All right. And the court will note for the record that paragraph A, um, contains the correct name of the complainant who was in the Well, the passenger who was in the vehicle, correct?

[00:02:45]>> Yes, Your Honor.

[00:02:45]>> So, Ms. Gutierrez, just so you know, paragraph A is also a state jail felony and paragraph B is a state jail felony.

[00:02:54]And both are the same charges except in paragraph A, it has the correct name of the person who was under the age of 15, and paragraph B was the incorrect name of the person who was under the age of 15. Do you understand?

[00:03:08]>> Yes, Your Honor.

[00:03:09]>> And I say that so that you will know that if the state were to decide to wave paragraph B, paragraph A is still a state jail felony with the same charge.

[00:03:19]Do you understand?

[00:03:20]>> Yes, Your Honor.

[00:03:21]>> All right.

[00:03:23]All right. Did you understand you have a right to jury trial?

[00:03:26]>> Yes, Your Honor.

[00:03:26]>> A right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:03:32]>> Yes, Your Honor.

[00:03:33]>> Did you understand by entering this plea bargain agreement you were giving up those rights?

[00:03:38]>> Yes, Your Honor.

[00:03:39]>> And did you intend to give up those rights and enter into plea in this case?

[00:03:43]>> Yes, Your Honor.

[00:03:44]>> Counsel, has your client been able to provide you with any defenses?

[00:03:49]>> Yes, Your Honor.

[00:03:50]>> Do you believe she has a rational as well as a factual understanding of the charges against her?

[00:03:55]>> She does.

[00:03:56]>> Do you believe she's currently competent and was legally sane at the time of the offense?

[00:04:01]>> Yes, your honor.

[00:04:02]>> Ms. Gutierrez, has anyone threatened you, coerced you, or placed you in fear to get you to enter this plea?

[00:04:07]>> No, your honor.

[00:04:08]>> Has anyone promised you anything other than the plea?

[00:04:11]>> No, your honor.

[00:04:12]>> Are you satisfied with the way you've been represented?

[00:04:15]>> Yes, your honor.

[00:04:15]>> Are you a US citizen?

[00:04:17]>> Yes, your honor.

[00:04:18]>> Court will find that defendant has knowingly and voluntarily waived her right to jury trial. Showing you the plea bargain page, did you review that with your attorney? Did you understand it?

[00:04:26]>> Yes, your honor.

[00:04:28]>> According to the plea, the state is requesting that your punishment be assessed at 2 years in the state jail facility. There's a $500 fine. State recommends community supervision, the DWI intervention program, VIP, ignition interlock for half the term of probation. Did you understand that to be your plea?

[00:04:46]>> Yes, your honor.

[00:04:47]>> Defense is at the plea.

[00:04:48]>> Yes, your honor.

[00:04:49]>> State is at the plea.

[00:04:50]>> Yes, your honor.

[00:04:50]>> Showing you the paragraph entitled waiver of appeal paragraph, did you review that paragraph with your attorney? Did you understand it? Did you sign it in both places?

[00:04:58]>> Yes, your honor.

[00:04:59]>> Did you understand by signing that you're waiving your right to appeal? The only items that can be appealed are written pretrial motions that have been filed, heard, and ruled upon by the court. Did you understand?

[00:05:09]>> Yes, your honor.

[00:05:09]>> Counsel, have there been any such motions?

[00:05:11]>> No, your honor.

[00:05:12]>> Next, I'm showing you outside the plea bargaining agreement. The state is requesting that your community supervision be for a term of 4 years.

[00:05:19]There will be a tap evaluation, 120 hours of community service restitution, and 1-year driver's license suspension.

[00:05:26]Did you understand those are recommendations from the state, and the court does not have to follow those recommendations?

[00:05:32]>> Yes, your honor.

[00:05:32]>> Then to the offense as charged, how do you plead? Guilty, not guilty, or no contest?

[00:05:37]>> No contest.

[00:05:38]>> State, any evidence?

[00:05:39]>> Your honor, I submit State's Exhibit 1 in the attachments.

[00:05:42]>> No objections.

[00:05:43]>> All right, and you may continue to confer.

[00:05:44]>> Thank you, Judge.

[00:05:45]>> All right, Ms. Gutierrez, I'm showing you what's entitled wavering consent to stipulation of testimony and stipulations. Did you review that document with your attorney? Did you understand it? Did you sign it in all the appropriate places?

[00:05:57]>> Yes, Your Honor.

[00:05:58]>> Again, did you understand you have a right to jury trial, a right for you or your attorney to cross-examine and confront any witnesses the state would call and the right to remain silent?

[00:06:08]>> Yes, Your Honor.

[00:06:08]>> Did you understand that today the state will be presenting evidence in the form of witnesses statements and police reports, but most importantly there will be no live testimony. Do you understand?

[00:06:17]>> Yes, Your Honor.

[00:06:19]>> Court will find that the defendant has knowingly and voluntarily waived and consented to stipulation of testimony and stipulations. Court will accept into evidence state's exhibits one and attachments and review the same. All right, after reviewing state's exhibits one and attachments, the court will find there's sufficient evidence to find you guilty and the court will find you guilty. Are you proceeding with sentencing?

[00:06:39]>> Yes, Your Honor.

[00:06:40]>> Anything you wish to say on behalf of your client?

[00:06:43]>> Uh nothing to say, Your Honor.

[00:06:45]>> All right, are you employed?

[00:06:48]>> Yes, ma'am.

[00:06:48]>> What do you do?

[00:06:49]>> I'm a sales representative for TaskUs.

[00:06:53]>> For what?

[00:06:53]>> For TaskUs. It's like a kind of like a call center, but I work in the as a sales representative for a client.

[00:07:03]>> All right, how often do you drink?

[00:07:06]>> Well, that night was like New Year's Eve, but I don't drink that often.

[00:07:11]>> Well, how often is not that often?

[00:07:14]>> Um I want to say maybe like on like the weekends or like every other weekend.

[00:07:24]>> Do you realize what could have happened in this case?

[00:07:28]>> I feel really guilty about it.

[00:07:30]>> What could have happened in this case?

[00:07:32]Other than your 4-year-old and 6-year-old being killed, what else could have happened?

[00:07:39]>> I could have hurt somebody else.

[00:07:40]>> Yes.

[00:07:42]And because what I'm reading here is first of all, you were driving too fast on Huebner and Vance Jackson.

[00:07:51]And then you did a wide turn and you drove the wrong way.

[00:08:00]So at at that time of early morning hours when it's dark out and I don't know why in San Antonio there are some places that there are no lights and it's super dark.

[00:08:11]And somebody else could have been driving and you could have had a head-on collision with them.

[00:08:16]>> Yes, your honor.

[00:08:17]>> And then not only did you do that, then you accelerate more, drive in the dirt on a grass median and almost ran headfirst into a light post.

[00:08:31]What were you thinking celebrating New Year's Eve and having a 4-year-old and a 6-year-old out that early morning hours?

[00:08:40]>> I wasn't young.

[00:08:42]>> And why would your cousin cuz I'm reading this your cousin allowed you to leave so surely they could tell that you were intoxicated or were they intoxicated as well?

[00:08:51]>> I'm not sure, your honor.

[00:08:53]>> Let me just explain something you and I tell this to people all the time. I don't drink alcohol. I just don't think it tastes well. That's why I don't drink alcohol.

[00:09:01]But if you have plans where you're going to drink alcohol, I don't care if your in plans are to drink one drink at dinner, always have somebody who's going to be the designated driver.

[00:09:13]Because when people are intoxicated, their reasoning flies out the window.

[00:09:18]Everybody who's intoxicated who decides to drive don't think they're intoxicated or think, "Well, I'm only going two blocks. I can make that."

[00:09:28]You almost killed your children or seriously injured them.

[00:09:33]You almost killed other people.

[00:09:36]Do you understand?

[00:09:37]>> Yes, your honor.

[00:09:38]>> Is this your first DWI that you've been charged with?

[00:09:42]>> DWI, yes, your honor.

[00:09:44]>> I know this I'm not even going to ask, but I know this is not the first time you've drank and drove.

[00:09:50]So, that's going to have to stop when you're on probation out of this court.

[00:09:53]I'm going to follow your agreement, but on probation out of here and it's throughout a throughout Texas.

[00:09:59]Sometimes people think I'm being mean when I tell them you can't drink alcohol on probation.

[00:10:04]Those are the rules across the board in the state of Texas. If you're on probation, you cannot drink alcohol.

[00:10:10]Doesn't matter if you're at a barbecue and I know July 4th is coming up and people think that's an excuse to drink alcohol.

[00:10:19]You are not allowed to drink alcohol. Do you understand?

[00:10:22]>> Yes, your honor.

[00:10:25]>> So, who's taking care of your children right now?

[00:10:27]>> Their dad.

[00:10:28]>> Okay.

[00:10:29]All right, this is what the court is going to do.

[00:10:32]Court is going to sentence you to 2 years in the state jail facility suspended and probated for 4 years.

[00:10:38]There's to be regular reporting by Zoom or in person.

[00:10:44]Regular UAs.

[00:10:48]DWI intervention.

[00:10:53]BIP.

[00:10:56]Ignition interlock for half the term.

[00:11:00]I'm going to want a TAP evaluation.

[00:11:04]And if the TAP evaluation recommends inpatient treatment, we'll start with intensive outpatient treatment.

[00:11:11]I'm going to want 90 meetings. Have you been doing sober meetings?

[00:11:15]>> Not yet. No.

[00:11:16]>> All right, we're going I'm going to want 90 meetings in 90 days.

[00:11:22]120 hours of community service restitution.

[00:11:26]I'm going to order parenting classes.

[00:11:30]And once she completes those parenting classes, the community service hours will be deemed to be completed and she can do that with rainbows.

[00:11:39]One year driver's license suspension.

[00:11:50]And probation will do one field visits, one field visit.

[00:11:55]And if all seems well, then um probation you can have field visits as many times as you choose. There's going to be a $500 fine that will be probated.

[00:12:07]Probation, is there anything else she needs?

[00:12:10]>> Yes, one minute.

[00:12:12]>> Uh thank you.

[00:12:14]Proof of employment within 30 days. There's to be no employment as a home health care provider or with minors.

[00:12:28]Uh is there anything else probation?

[00:12:30]Is there anything else you need from the court in order to be successful?

[00:12:34]>> No, sir.

[00:12:34]>> All right, I'm going to show you what's entitled trial court certification of defendant's rights to appeal. Did you review that with your attorney? Did you understand it and did you sign it?

[00:12:43]>> Yes, I did, Your Honor.

[00:12:44]>> All right, because this is a plea bargaining agreement, because I followed your plea bargaining agreement and because you waived your right to appeal, you do not have the court's permission to appeal. Do you understand?

[00:12:53]>> Yes, Your Honor.

[00:12:54]>> Because this is a felony conviction, you're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you need to speak to an attorney. Do you understand?

[00:13:05]>> Yes, Your Honor.

[00:13:06]>> All right, we can go off the record.

[00:13:07]Here's the thing, when you have children that are the age that you have, everything that they see, they mimic that.

[00:13:16]And they will now think it's okay.

[00:13:19]So, you need to let them know that you made a bad choice, that it won't happen again, that you're sorry for putting their life in danger. And parenting classes will teach you that.

[00:13:29]>> Yes, ma'am.

[00:13:29]>> All right, cuz your children are 100% dependent on you. And if something were to happen where you would have killed somebody, who knows, maybe you would have been in prison, and your children would have been without you. Or if you would have died, your children would have been without you. Or if your children would have died, you would have been devastated. Okay? All right, so you're going to do better?

[00:13:49]>> Yes, ma'am.

[00:13:50]>> All right. Here's the thing in this in this court, communication is key.

[00:13:56]So if there's an issue that you have, ask probation. Probation will work with you. If you feel like probation is not addressing some issue you have, then just come to the court. We're here Monday through Friday, okay?

[00:14:08]>> Yes, ma'am.