ALBUQUERQUE, N.M. (KRQE) – One judge ordered him to stay behind bars, but on Monday, a different judge decided one of Albuquerque’s most dangerous drivers should be back out on the streets with a promise he’ll behave this time. Adam Pacino, 26, was driving drunk, going 140 mph on Montgomery in September with a loaded gun.

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Monday morning, Pacino was making his case to get out of jail. After he was arrested, prosecutors argued he was a danger to everyone on the streets and should be held until his trial in February. A district court judge agreed saying, he could only get out if he goes to a month-long inpatient rehabilitation with an ankle monitor.

Pacino’s lawyer asked a different judge to soften that stance citing money issues and arguing her client did a stint of a drug and alcohol rehab in jail, and the experts there thought he’d be fine with an outpatient program. “The state would ask the court to at least stay with the original order for inpatient treatment program,” said Prosecutor Matthew Hasler.

Prosecutors pointed out that the original judge went out of her way to specify Pacino needed to do inpatient treatment if he wanted to get out of jail.

“I don’t believe that Judge Moran was basing her decision on a clinical recommendation, it was basically looking at the circumstances of the case and a real concern about the safety of the community if the defendant is under the influence of any kind of alcohol or drugs,” said Bernalillo County District Court Judge Bruce Fox.

After a five-minute hearing, Judge Fox ruled Pacino can go home and do outpatient treatment but cautioned him to follow the rules: no drugs or booze. Pacino says he sells cars for a living, has been popped in the past for street racing and getting belligerent at a high school football game while drunk and high on meth when he was 21.