by Marty Mayfield
RATON — Victor Alan Duran, 49, was charged with his third DWI while driving a tow truck owned by J&M Towing, after arriving on the scene of an accident on US Highway 64 in mid April.
The incident took place on US 64 near milepost 339 late on April 16, 2018 when the tow truck was dispatched to pick up a disabled vehicle that had hit a deer. Colfax County Sheriff Deputy Bill LaPorte noted in his statement of probable cause, that after arriving on the scene of the accident Duran did not seem like himself. LaPorte had dealt with the individual several other times and his behavior was inconsistent with past experience.
Once the damaged vehicle was loaded, LaPorte provided the necessary paperwork to Duran and noticed a smell of alcohol on his breath. LaPorte asked Duran if he had been drinking, and Duran said he had a couple. LaPorte had Duran perform a Standardized Field Sobriety Test, which Duran failed. Duran was transported to VMDC, where a breathalyzer test was performed on him, which came back at .11 and .09. The legal limit for a CDL driver is .04.
LaPorte also noted in his statement that Duran was a New Mexico Licensed CDL operator who was operating a commercial vehicle for the company he worked for. This charge is his third DWI in New Mexico, and Duran confirmed he had other convictions out of Colorado.
Duran was released on his own recognizance by Judge Warren Walton the following day. According to court records, the case has been handed over to Judge Felix Pena in Springer at the request of Duran’s defense attorney Sarah Montoya where a preliminary court date has been set for June 18, 2018.