RICHMOND, Va. (WRIC) — Caron Nazario, the Army Reserve officer pepper-sprayed at a traffic stop by former Windsor Police officer Joe Gutierrez back in December, was recently found guilty of speeding in a separate traffic stop in November.

Similar to the incident that went viral earlier this year, Nazario did not pull over immediately after police lights came on.

“It is a traffic stop where Lt. Nazario again waits for a clear, safe space to pull over. A traffic stop where Lt. Nazario remains calm and courteous” said Lt. Nazario’s attorney Jonathan Arthur. “It is a traffic stop that is irrelevant to the deplorable actions of the town of Windsor’s police officers.”

Gutierrez’s attorney is now motioning to dismiss Nazario’s lawsuit brought against the former LEO. They argue Gutierrez’s actions didn’t violate Nazario’s First Amendment rights.