HENDERSON, Nev. (KLAS) — A Las Vegas woman missed a court appearance Wednesday nearly three weeks after police arrested her for her seventh alleged DUI, but prosecutors blamed a delay in toxicology testing for not yet filing charges against her.
Marion Reyes-Rivero appeared in Henderson Justice Court on Oct. 18 for what records show was her seventh DUI charge since 2007, the 8 News Now Investigators first reported. The Nevada DMV revoked her license most recently in June.
During the October hearing, Judge Sam Bateman released Reyes-Rivero from custody on her own recognizance because prosecutors had not received blood results from the most recent case, Bateman told the court.
Prosecutors had yet to receive the results as of Wednesday morning, delaying the case, again. Deputy District Attorney Christopher Pandelis blamed the setback on the Henderson crime lab.
“The Henderson Police Department lab informed us that initial testing on the blood was done by the lab but a report has not been typed and the review process that is typically done by the lab has not been initiated, therefore they could not complete the final report that we would need,” Pandelis told the court Wednesday.
Prosecutors must file charging documents within a reasonable amount of time for a judge to hold a person on those charges or set bail, according to state law. Pandelis said prosecutors had asked the lab to expedite the process.
“In response to us expressing that urgency, they informed us that all the Henderson Police Department lab scientists that are employed at that lab were out of town this week,” Pandelis said.
“All at the same time?” Bateman asked.
“Yes, they are out at a conference,” Pandelis said.
A spokesperson for the city said the information Pandelis provided in court was inaccurate.
“That is not correct,” spokeswoman Kathleen Richards said. “There are two forensic scientists attending a conference this week, as required to maintain their certification, and this is not delaying DUI cases.”
Bateman did not issue a warrant for Reyes-Rivero’s arrest because she has yet to be formally charged with a crime.
“She did not appear today but because there is no criminal complaint, I can’t really justify issuing any sort of a warrant for her,” Bateman said.
Court records indicate Reyes-Rivero showed up to court after the hearing had ended. A new hearing was scheduled for Nov. 15, which would be more than a month after the initial DUI arrest.
On Thursday, Oct. 13, Henderson police arrested Reyes-Rivero after police said she stopped her car in the middle of two travel lanes on Warm Springs Road near Green Valley Parkway, documents said.
While speaking to Reyes-Rivero, a Henderson police officer noted Reyes-Rivero’s eyes were “bloodshot and watery” and her speech was “slow and slurred.” Reyes-Rivero then urinated on herself, police said.
“Marion, states, with a slow and slurred speech, that she did not have a driver’s license because it was taken away for a prior DUI arrest,” a Henderson police officer wrote in Reyes-Rivero’s most-recent arrest report. Police determined the car Reyes-Rivero was driving was a family member’s, they said.
In August, Clark County School District police arrested Reyes-Rivero on a DUI charge hours after Reyes-Rivero was in court closing out a separate DUI case, records showed.
In that case, a police officer stopped Reyes-Rivero for speeding near Windmill Lane and Bermuda Road. During that arrest, Reyes-Rivero did not have a license and lied about her identification, police said. Documents in that case indicate the Nevada DMV had revoked Reyes-Rivero’s license in 2020.
During the August arrest, Reyes-Rivero told police she “just had court this morning” at 7:30 a.m. where she had completed a course for a previous DUI charge, documents said.
A criminal records check for police agencies in southern Nevada revealed Reyes-Rivero has been arrested 21 times, including re-bookings ahead of jail appearances. Reyes-Rivero was previously arrested on DUI charges in April 2007, September 2010, April 2019, February 2020 and July 2020, documents said.
The August and October arrests bring the total to seven DUI accusations, including at least two convictions. Nevada law resets non-felony DUIs to zero after 7 years of a clean record.