ALBUQUERQUE (KRQE) – Bobby Dilley can’t remember the night of his nearly fatal crash or the two weeks before it happened, but his injuries are unforgettable. It happened in March on I-40 near 2nd street while Dilley was driving home. Police say Michelle Rivera rear-ended his Jeep and Dilley lost control. His car flipped.
“That night it was treated, it was treated as a fatal,” Dilley said Monday. “My neck was broken, my hand was crushed, my head rode along the asphalt for over a 100 feet. I wasn’t expected to live. I wasn’t expected to walk.”
According to a criminal complaint, Rivera blew more than twice the legal limit and was arrested for DWI for her third time.
Monday Rivera was back in court for her arraignment. Her attorney Patrick Martinez spoke for her.
“What I can tell this court is since this incident has occurred that [Rivera] has taken this very seriously,” Martinez said. “Since this occurred she has not drank, she has not had a drop. She is not driving.”
Dilley was pushing Judge Judith Nakamura to either raise Rivera’s current $100,000 or remand her back into custody. Nakamura declined, citing a lack of convictions.
Rivera’s first DWI charge from 2003 was dismissed after prosecutors failed to properly provide evidence to the defense. Her second DWI charge from 2009 was dismissed as well. Online court records show the second charge was discussed because prosecutors were “unable to proceed.”
“I understand there’s been two past DWI arrests but the fact is there have not been DWI convictions for whatever reason,” Nakamura said. ” Believe me I understand the seriousness of these injuries but I still have to follow the law.”
“My feelings are she’s going to go out there, she’s going to reoffend and she’s gonna hurt or kill someone else,” Dilley said after hearing the decision.
Although Rivera remains out of jail, she is not allowed to drive or drink. Rivera is also on court-ordered monitoring.