By Fernando del Valle
Valley Morning Star
Staff Writer
BROWNSVILLE — A judge yesterday ordered a trial for San Benito ISD school board President Michael Vargas after prosecutors upgraded his charge of driving while intoxicated.
In Cameron County Court at Law No. 5, visiting Judge Leonel Alejandro set a Feb. 6 jury trial during an arraignment hearing stemming from Cameron County District Attorney Luis Saenz’s decision to upgrade Vargas’ DWI charge from a Class B to a Class A misdemeanor based on his blood-alcohol level at the time of his July 5 arrest.![]()
While the legal limit is 0.08 percent, tests show Vargas’ blood-alcohol level reached 0.15 percent.
As a result, prosecutors are counting what records show as Vargas’ first drunken driving charge as his second DWI charge, Saenz said during an interview earlier this month.
The upgraded charge boosts the offense’s potential penalty from six months in jail and a $2,000 fine to one year in jail and a $4,000 fine.
“We’re thankful for the legal system and glad (the case) is proceeding,” Janie Lopez, the school district’s former Guidance and Counseling coordinator who launched a drive to remove Vargas from the school board, said after the hearing.
“Vargas is an elected official and he should be treated like anybody else who works for the school district — they go through the process and are tried,” Lopez said. “It’s important to us that elected officials be held accountable also.”
During the hearing, Alejandro granted Vargas’ request to waive arraignment.
Meanwhile, Alejandro upheld a previous court order for Vargas to equip his vehicle with a breath alcohol ignition interlock device featuring a camera.
During an Oct. 1 hearing, Judge Estella Chavez Vazquez ordered Vargas to install the devise, which does not allow a vehicle’s engine to start if the motorist’s breath contains a blood-alcohol level greater than the legal limit of 0.08 percent.
According to a court document, Chavez Vasquez also prohibited Vargas from drinking alcohol or taking drugs before driving.
The trial date marks the second for Vargas.
Earlier this month in 107th state District Court, visiting Judge Manuel Bañales set an April 13 trial to determine whether Vargas should be removed from the school board on the grounds of intoxication.
Meanwhile, Bañales set a Nov. 25 hearing to decide whether Vargas should be temporarily suspended from the board pending his April trial.
If Vargas is temporarily suspended, the court will consider the appointment of a temporary replacement.
The case stems from residents’ petition calling for Vargas’ removal as a result of his DWI arrest.
Under Texas Government Code 87.015, the rarely applied law allows residents to petition the court to remove elected officials from office on such grounds as intoxication.
Earlier this month, Saenz, who has held office since 2013 after serving as district attorney in the 1990s, called cases stemming from residents’ petitions exceptionally rare.
BROWNSVILLE — A judge yesterday ordered a trial for San Benito ISD school board President Michael Vargas after prosecutors upgraded his charge of driving while intoxicated.
In Cameron County Court at Law No. 5, visiting Judge Leonel Alejandro set a Feb. 6 jury trial during an arraignment hearing stemming from Cameron County District Attorney Luis Saenz’s decision to upgrade Vargas’ DWI charge from a Class B to a Class A misdemeanor based on his blood-alcohol level at the time of his July 5 arrest.
While the legal limit is 0.08 percent, tests show Vargas’ blood-alcohol level reached 0.15 percent.
As a result, prosecutors are counting what records show as Vargas’ first drunken driving charge as his second DWI charge, Saenz said during an interview earlier this month.
The upgraded charge boosts the offense’s potential penalty from six months in jail and a $2,000 fine to one year in jail and a $4,000 fine.
“We’re thankful for the legal system and glad (the case) is proceeding,” Janie Lopez, the school district’s former Guidance and Counseling coordinator who launched a drive to remove Vargas from the school board, said after the hearing.
“Vargas is an elected official and he should be treated like anybody else who works for the school district — they go through the process and are tried,” Lopez said. “It’s important to us that elected officials be held accountable also.”
During the hearing, Alejandro granted Vargas’ request to waive arraignment.
Meanwhile, Alejandro upheld a previous court order for Vargas to equip his vehicle with a breath alcohol ignition interlock device featuring a camera.
During an Oct. 1 hearing, Judge Estella Chavez Vazquez ordered Vargas to install the devise, which does not allow a vehicle’s engine to start if the motorist’s breath contains a blood-alcohol level greater than the legal limit of 0.08 percent.
According to a court document, Chavez Vasquez also prohibited Vargas from drinking alcohol or taking drugs before driving.
Call for removal from office
The trial date marks the second for Vargas.
Earlier this month in 107th state District Court, visiting Judge Manuel Bañales set an April 13 trial to determine whether Vargas should be removed from the school board on the grounds of intoxication.
Meanwhile, Bañales set a Nov. 25 hearing to decide whether Vargas should be temporarily suspended from the board pending his April trial.
If Vargas is temporarily suspended, the court will consider the appointment of a temporary replacement.
The case stems from residents’ petition calling for Vargas’ removal as a result of his DWI arrest.
Under Texas Government Code 87.015, the rarely applied law allows residents to petition the court to remove elected officials from office on such grounds as intoxication.
Earlier this month, Saenz, who has held office since 2013 after serving as district attorney in the 1990s, called cases stemming from residents’ petitions exceptionally rare.
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