A 40 year-old man has pleaded not guilty to a DUI that caused the death of an 84 year-old man, and a judge has ordered the defendant to wear an ankle monitor during the trial, as reported by the Murrieta Patch.
R.M.P. is facing charges of vehicular manslaughter in the July 6 death of R.J.
R.M.P. was arraigned on August 14 at the Southwest Justice Center in Murrieta.
While driving his pickup truck northbound near Chantory Street, R.M.P allegedly crossed over into a lane that the victim was driving in.
R.J. was on his way to his La Cresta home. He died on impact.
When R.M.P. was transported to a nearby hospital for injuries he sustained in the accident his blood alcohol level was checked. The BAC report showed a .19 percent and the test also picked up amounts of hydrocodone - known most commonly as vicodin - also in his system.
Deputy District Attorney Chris Bouffard, in stating the results of R.M.P.'s blood tests to judge Stephan Sillman, requested that the defendant wear an ankle monitor as a condition of his bail.
Bail was set at $75,000. A bail bondsman was standing by.
Bouffard said, "My concern is for the safety of the community during the time he is out on bail, this is a vehicular homicide."
The toxicology reports ordered by the Murrieta Police Department also came back positive for both alcohol and hydrocodone.
Bouffard alleged that during the course of the police investigation a cooler of alcohol and a plastic bag of vicodin were located in the pick-up. He said, "He has an incredible alcohol abuse problem and that concerns the D.A.'s office."
Michael Severo, R.M.P.'s attorney said in defense of his client, "I don't think there is enough of a concern that we should put an ankle monitor on him at this time."
Severo argued that it was R.M.P.'s first offense and that he had been cooperative with investigators. He also attested that the vicodin use was due to back problems that his client suffered with.
R.M.P. was not taken into custody but he was ordered to refrain from possessing alcohol or drugs during the pending litigation.
Sergeant J.G. told the court that the ankle monitor will register blood alcohol based on the person's sweat, and that the monitor would automatically check this every 30 minutes. Then, every day, the data would be retrieved for a case agent to review.
R.M.P. had originally told investigators that he swerved into R.J.'s lane because he was trying to avoid running his vehicle into a rabbit. Later, when physical evidence could not corroborate his story, he admitted that there was never a rabbit.
On September 8 R.M.P. will be appearing in court again.
Contact a DUI attorney if you have been charged with any crimes stemming from DUI, DWI, OUI or OWI. An experienced attorney can help. Keep in mind that jail time, fines and the loss of driving privileges are at stake!