Valley Morning Star
Staff WriterBROWNSVILLE — A judge Tuesday held an arraignment hearing in the case of San Benito school board President Michael Vargas, who faces a charge of driving while intoxicated.
During the hearing in County Court at Law No. 5, Judge Estella Chavez Vasquez ordered Vargas to install a breath alcohol ignition interlock device in his vehicle.
The device will not allow the vehicle’s engine to start if the motorist’s breath contains a blood-alcohol level greater than the legal limit of 0.08 percent.
Chavez Vasquez, who granted a waiver of arraignment, set a compliance hearing for Oct. 31 stemming from the Class B misdemeanor charge.
Dan Sanchez, Vargas’ attorney, did not respond to messages requesting comment.
“It seems to me the court system is trying to do what is fair — they didn’t just dismiss his case,” Janie Lopez, the school district’s former Guidance and Counseling coordinator, said after the hearing. “I’m hopeful the court system will do what is right.”
School board member Mary Lou Garcia, who attended the hearing, declined comment.
Second case
On Oct. 31 in 107th state District Court, Vargas faces another hearing after residents including Lopez filed an Oct. 2 petition requesting he be removed from office as a result of his arrest.
Under the law, residents can petition to remove elected officials for intoxication.
“Although not explicitly stated in the statute, due process may require that respondent (Vargas) have the opportunity to challenge or oppose the petitioners’ application for citation and service,” the court wrote in a letter to the petitioners. “Accordingly, the court will afford respondent a hearing to show cause why the citation should not issue and be served upon him.”
The petitioners’ evidence includes a police car’s dash cam footage of Vargas’ arrest.
Arrest
On July 5, a Harlingen police officer arrested Vargas, 32, after finding him sleeping behind the wheel of his car outside a fast-food restaurant at 1518 N. Ed Carey Drive at about 2 a.m., according to a police report.
Later that day, Vargas, who was arraigned before Municipal Court Judge Arturo Saenz, was released from the city jail after posting $2,000 bail.
Click on link to read rest of story: https://www.brownsvilleherald.com/news/local/san-benito-school-trustee-vargas-appears-in-dwi-case/article_a5434960-ef9c-11e9-a19e-4b627f428c0d.html
8 comments:
This article has an interesting side issue. Judge Flores immediately signed the order to have Castro served and he was. I believe his answer is due Monday. Judge Bañales did not sign the order authorizing service, according to the article. Instead he is allowing Vargas to show why citation should not issue.
Again this is why you have only one judge handling both cases. Right out of the gate we have two different judges issuing conflicting rulings.
Also the Cameron County Port has a growing number of cases which cannot be found. When I saw this article last night I sought to read Judge Bañales order on the matter. The portal says no case exists when you search under the full case number, the name of the plaintiffs and under the name of Vargas. I am not going to the court house to have the file pulled so I can see the order. Why is the clerk's office hiding files from online review?
Bobby Wc
Chueco County what else
San Benito ISD has so much to be proud of.
NOT!!!
Having a key start has not worked for me Scumbag Rene Oliveira he use another car.
Politicians take pleasure in corruption. But at the end there's only one judge above.
@The Disbarred Wonder...
Why would you have one judge handle both cases if they both happened in different places at different times? That makes absolutely no sense whatsoever.
The scumbag Rene Oliveira think he is god, and king of the Muff Divers.
Is that a mortuary picture just asking.
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