Sometimes, facing DUI charges once is not enough to keep people from drinking and driving. While some learn their lesson, others are unable to quit drinking and driving while intoxicated. The Modesto Bee reports on a man facing charges in the death of a Modesto police officer. This will not be his first DUI charge.
In April of 2012, Matthew David Gibbs was arrested by the California Highway Patrol (CHP) under suspicion of driving under the influence. At the time of his arrest, his blood-alcohol content was three times the legal limit. These facts were reported by John Gould, a spokesman for the Stanislaus County District Attorney’s office.
Gibbs was scheduled for an arraignment for which he failed to appear. An arrest warrant was issued, but Gibbs was never arrested.
Fast forward to April of 2014. Gibbs and his attorney Ryan Roth filed a motion to have the case dismissed on the basis that it violated Gibbs’ right to a speedy trial. Roth argued that Gibbs lived at the same address on record the arrest and that address was on record with the Department of Motor Vehicles.
Over the objections of the district attorney, Judge Marie S. Silveira ruled in Gibbs’ favor and dismissed the first DUI charges on September 19, 2014.
Now, Gibbs has been arrested in connection with another DUI. This time, the alleged DUI is said to be responsible for the death of Modesto Police officer Sgt. Mike Pershall in an accident that occurred Tuesday evening. Gibbs allegedly hit officer Pershall, who was off-duty and riding his bicycle, killing the officer.
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