State Police defend traffic stop of truck driver involved in deadly Florida crash

New Mexico State Police released details and lapel video of a July traffic stop with a semitruck driver after U.S. Transportation Secretary Sean Duffy criticized their failure to properly give the driver an English language test — a month before he killed three people in a crash in Florida.

Duffy alleged that if State Police had conducted an English Language Proficiency test during the July 3 stop, Harjinder Singh would not have been on the road. On Tuesday, Duffy said New Mexico could lose millions in federal funding if it continues failing to enforce English language requirements for truckers.

Within hours of Duffy’s comments, State Police sent a 28-minute lapel video from the traffic stop and a lengthy explanation. State Police Chief Troy Weisler said Duffy “mischaracterized New Mexico’s Commercial Driver’s License policy and compliance with federal law related to English Language Proficiency (ELP) testing.”

In a news release, State Police said new federal guidelines on ELP testing went into effect June 25, but “no standardized testing procedure was provided.”

“When State Police sought clarification, the response received was simply, ‘You know when somebody doesn’t speak English,’” according to the release. State Police said the agency asked “several times” if more guidance was coming and “were told there would not be.”

The release states the agency then “developed its own process” to comply with the requirements. The agency said it developed a timeline to implement ELP requirements and would begin enforcing the rules Sept. 1.

“This process required careful review and statewide training for our personnel to ensure consistent and fair application,” Weisler said in a statement. “It was critical that we implement this correctly, both to comply with federal law and to reduce the risk of litigation, as has occurred in other states such as Florida.”

State Police said “even if ELP testing had already been in effect,” no assessment would have been done on Singh as they “are only required when there is a challenge in communication.”

“As the video of the traffic stop demonstrates, there were no communication issues,” according to the release.

The lapel video showed State Police pulled over Singh, 28, for speeding, on U.S. 64/87 near Raton. A State Police officer issued a speeding ticket, but cut him a break.

“Instead of writing for 60 in a 45, I’m going to write it for 55 in a 45 since you said you were starting to slow down, I’m going to help you out,” the officer told Singh. The officer told Singh the fine was for $25, and he chose to pay the fine instead of going to court.

The officer also had Singh go through several vehicle checks, including flashing his lights and popping the hood of the semi to inspect the engine.

“It’s the first time... In five years, no tickets,” Singh said. The officer replied, “I feel bad being the first guy to write you a ticket, but I tried to help you out.”

Singh then asked police how long the speeding citation would stay on his record. The officer said depending on what state Singh was from, it would stay for five to seven years.

Duffy announced a Federal Motor Carrier Safety Administration investigation into the Florida crash on social media platform X on Aug. 19 and named New Mexico, Washington and California as three states that did not comply with English proficiency requirements. Duffy said if the states do not comply in administering ELP tests, “we will withhold federal funding.”

Under the executive order signed by President Donald Trump in April, drivers would not be allowed to continue working if they could not demonstrate English proficiency. Previously, drivers were issued a citation if they admitted to police that they could not speak English.

Florida authorities said Singh, who is from India, had entered the country illegally in 2018 and that he is not a legal citizen.

“The Republican Party of New Mexico is sounding the alarm on the dangers posed by issuing Commercial Driver’s Licenses (CDLs) to individuals who cannot understand the English language or our traffic laws. This is not just a matter of compliance — it is a matter of life and death,” New Mexico GOP Chair Amy Barela said in a statement.

“This is about making Americans safe again. New Mexicans deserve roads that are not only maintained with federal funds but also safe from preventable tragedies. RPNM demands that state leaders immediately return to compliance with federal CDL requirements to protect both lives and taxpayer resources.”