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Updated: Thursday, 24 Jan 2013, 7:20 AM MST
Published : Thursday, 24 Jan 2013, 7:20 AM MST
ALBUQUERQUE (KRQE) - An APS bus driver gets in an accident, gets caught with meth and admits to being a user – but wasn’t tested for a DWI.
It’s a bizarre story that began when APD was called to the scene of a mechanical breakdown of a school bus that had just finished dropping off kids at Zia Elementary.
When APD arrived at the scene around 8:30, they said the driver, 36-year-old Ruben Gonzales didn’t appear to be impaired – and it appeared some sort of problem with the joints caused the rear axle to brake.
Gonzales was taken to UNM Hospital with injuries. According to both APD and UNM police, hospital staff discovered what they thought was meth on him several hours later.
Because it was on UNM property, UNM Police were called in. They say Gonzales admitted to being a meth user. An initial test confirmed the substance was meth – though they say it has to be sent to a lab for further testing.
That’s when they called APD to tell them the accident may have been a DWI. The problem?
“The reasonable time limit had past for us to lawfully conduct a DWI investigation without violating his civil rights. We couldn't do that. They understood that,” said Officer Robert Gibbs, spokesperson for APD.
Additionally, they said they had no way to prove that he had meth on him or was under the influence when he was driving the bus – they say he could have somehow received or ingested the meth after the accident, while he was at the hospital.
UNM Police will be sending a complaint to the DA tomorrow – that will likely result in Gonzales’ arrest. He was still in the hospital as of this evening.
Beal Bus, the company that hired Gonzales, says they did pre-employment drug testing on him and they also conduct random drug tests at their company, per DOT regulation. Owner Denny Beal wouldn’t provide the date of his last random drug test citing privacy issues.
APS says Gonzales wasn’t their employee – but says if he was caught with meth, he won’t be driving a bus anymore. They also said they’ll be sending home a letter to parents who had kids on the bus.
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