SOUTH CHARLESTON, W.Va. (WSAZ) --

Police stopped Jose Cruz on Route 60 in South Charleston Monday night for driving with his headlights off.

Then, he failed sobriety tests and was arrested.

When police were trying to get fingerprints, police say Cruz moved closer to the officer and passed gas on him. The investigating officer remarked in the criminal complaint that the odor was very strong.

Cruz is now charged with battery on a police officer, as well as DUI and obstruction