By FRANCISCO E. JIMENEZ
Staff Writer
reporter@sbnewspaper.com
Leonardo Nieto Mendoza
Rey David Montoya, Jr.
Two men were arrested over the weekend for driving while intoxicated while their children were left unsecure in the backseat of their vehicles.
According to a police report, at approximately 1:38 a.m. Saturday, January 5, a San Benito police officer noticed a 2006 grey Chrysler 300 fail to stop at a stop sign at the intersection of West Robertson and Travis Streets.
The officer identified the driver of the suspect vehicle as 27-year-old Rey David Montoya, Jr. of San Benito, who allegedly claimed that he was going to pick up his cousin at a bar. The officer noticed that Montoya allegedly showed signs of impairment as a result of alcohol consumption, the report read. It was also reported that a three-year-old girl was asleep and unrestrained in the backseat of his car.
A standardized field sobriety test revealed that Montoya was “in no condition” to operate a vehicle and was placed under arrest. A breath test indicated that Montoya’s Blood Alcohol Level was reportedly above the legal limit. He was charged with DWI with a child passenger and arraigned by Municipal Judge David Garza, who set his bond at $3,000.
In a similar yet unrelated case, 25-year-old Leonardo Nieto Mendoza of Harlingen was arrested and charged with DWI with a child passenger, this after he, too, was allegedly driving while intoxicated while his four-year-old son was asleep and unrestrained in the back seat of his SUV.
At approximately 3:49 a.m. Sunday, Jan. 6, an officer stopped a red Ford Explorer for driving on the wrong side of the road near the 1300 block of West Business 77. According to a police report, the officer identified the suspect as Mendoza, who allegedly displayed signs of impairment. A sobriety test was conducted on the suspect, which he failed, the report further read.
Mendoza was placed under arrest and a breath test determined that he was over the BAL limit.
He was charged with DWI with a child passenger and arraigned by Justice of the Peace Manuel Flores, who set bond at $5,000. The child was released to a family member, and CPS authorities were notified of the incident.
According to San Benito Police Department Assistant Operations Chief Michael Galvan, cases such as these occur often.
“It’s not uncommon,” Galvan said Tuesday. “In fact, it happens more than we’d like. Even one case is too many. It just so happens that there were two cases in the same week.”
Galvan stated that a DWI charge with a child automatically results in a stiffer penalty.
“It raises the charge to a state jail felony, automatically,” said Galvan. “A DWI is a class ‘B’ misdemeanor, but the state changed the law allowing us to charge for each child for a state jail felony. If the suspect has five kids in the vehicle, then that’s five counts.”
Read this story in the Jan. 9 edition of the San Benito News, or subscribe to our E-Edition by clicking here.
1 comment
I remember when the SBPD use to have random check points around skid row and resaca area. Checking drivers coming in and going out. Hello!