A McAllen man with a history of drunken driving arrests has found himself behind bars yet again and is now facing a $200,000 bond, which his attorney is fighting to get reduced by claiming a lack of probable cause.
Mission police arrested Roberto Loza, 37, on Sunday after a witness saw him crash on Interstate Highway 2, according to a probable cause affidavit.
Loza’s attorney, however, has filed a writ of habeas corpus seeking to reduce Loza’s bail and calling for his release. The attorney claims there was unlawful incarceration based on “the absence of probable cause.”
“We have filed a petition to lower the bond for Mr. Loza,” attorney Sergio J. Sanchez, who represents Loza, said in a statement he emailed Wednesday. “We expect to have a hearing on this later in the week. He is presumed innocent, has ties to the community, and he will appear at all future court settings-that will be our argument in court.”
Police arrived at the intersection of Stewart Road and Business 83 after receiving a call in reference to the crash. The caller informed police that a gray Nissan Xterra exited the expressway after crashing into the center concrete barricade of IH-2.
Officers located the Nissan heading north at the intersection of Stewart Road and Business 83, where they proceeded to conduct a traffic stop.
According to the affidavit, the driver of the vehicle, later identified as Loza, refused to identify himself and had a “strong smell of alcohol emitting from his breath,” along with bloodshot eyes and slurred speech.
Loza refused to participate in a sobriety test as well as provide a breath sample, authorities stated in the affidavit.
He was arrested and booked Monday on a third or more DWI, and remained incarcerated at the Hidalgo County jail Wednesday on the $200,000 bond.
