A Tucson woman accused of killing a teenager in a drunken driving accident will be allowed to continue driving despite recently testing positive for alcohol.
Pima County Superior Court Judge Richard Fields agreed Friday to allow Glenda Rumsey to drive, but with severe restrictions.
Rumsey will only be able to drive between 6 a.m. and 6 p.m. Mondays through Fridays and only if she gets an ignition interlock device installed on her car. In addition, Rumsey will only be able to drive to work, alcohol treatment sessions, court, the grocery store and to her children’s schools.
Ignition interlock devices disable cars when the driver’s breath tests positive for alcohol.
Rumsey is facing manslaughter, aggravated assault and driving under the influence charges in connection with the death of Jose Rincon, 14.
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According to authorities, Rincon and his friend, Oscar Perez, were riding their bicycles east on Broadway near Vozack Lane on the East Side around 7:20 p.m. Jan. 12 when Rumsey struck both teens with her car.
Rumsey continued driving but stopped a half-mile later, police said.
Rumsey’s blood alcohol content tested at 0.249. The state's legal limit is 0.08. She was also charged with leaving the scene after causing a fatal crash.
Rumsey posted bail shortly after her arrest, but she was was taken into custody last week after a court appearance because she tested positive for alcohol.
She posted $75,000 and was released from jail again Tuesday night.
Friday’s hearing was scheduled because Fields was concerned about Rumsey’s continuing ability to drive.
Defense attorney Stephen Barnard told Fields Rumsey needs to be able to drive and he had already taken steps to install the ignition interlock device.
Since her arrest last week, Barnard said Rumsey has signed up for nine hours of outpatient alcohol treatment a week and is attending Alcoholics Anonymous meetings.
The defense attorney stressed, however, that Rumsey is still presumed innocent.
In response, Fields replied, “I’m not here to punish. I’m here to protect. This is not a sanction.”
Deputy Pima County Attorney Mark Diebolt expressed serious reservations about allowing Rumsey to drive, noting there have been cases in which children have blown into the ignition interlock device.
“Nothing’s fool-proof. A chronic drinker can find a way to deceive and fool the system,” Diebolt said.
In addition to the driving restrictions, Fields also told Rumsey she is not allowed to have any alcohol in her home and she’s not allowed to associate with anyone who is drinking or possesses alcohol.
Last week, breath tests administered to Rumsey after court showed she had a blood alcohol content of 0.012 and 0.007.
Although far below the legal driving limit, Rumsey, 42, had been ordered not to drink alcohol and to take Antabuse, a drug that makes people ill if they drink alcohol.
Rumsey will continue to be monitored by a pretrial services case manager. She is scheduled to go to trial Oct. 14.
According to court documents, an engineer hired by Rumsey’s attorneys believes the city is responsible for Rincon’s death.
The engineer contends that contractors hired to improve Broadway failed to install five feet of pavement from Vozack Lane to a point 300 feet east of Vozack Lane as requested.
Because the pavement wasn't installed, the bike path the boys were riding in was "within a merging condition," the engineer wrote in a report filed with Fields.
The Rincon and Perez families are suing Rumsey, the city and Chuy's Mesquite Broiler, where Rumsey had been drinking prior to the crash.
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