Man headed for trial in DUI endangerment case

Francisco Rubio, 51, was allegedly driving under the influence of drugs with his young grandson in the car

A 51-year-old Macungie man arrested in February for allegedly driving under the influence of drugs and recklessly endangering a child after witnesses reported seeing him driving erratically with his 5-yearold grandson in the car is headed for trial after waiving his preliminary hearing.

Francisco Rubio, of the 200 block of West Girard Street, appeared before Lansdale District Judge Edward Levine and waived all 15 criminal counts filed against him — including multiple counts of DUI, as well as endangering the welfare of children, reckless endangerment and related offenses.

Levine reduced Rubio’s bail from $100,000 cash to $100,000 unsecured and he was released from Montgomery County Correctional Facility after two months behind bars.

According to an affidavit of probable cause filed in district court, Hatfield Township cops responded to the vicinity of Bethlehem Pike and Unionville Pike around 9:30 a.m. on Feb. 5 after two witnesses reported seeing a red Hyundai Elantra with a Minnesota license plate driving on the shoulder, careening all over the roadway, drifting into the opposing lane, driving through a red light and nearly hitting another vehicle near the Hilltown Crossings Shopping Center. One of the witnesses said he saw that the driver of the Elantra was slumped over the wheel, the affidavit indicates.

Police located the vehicle stopped on the shoulder of Bethlehem Pike and spoke to the driver, later identified as Rubio, and also observed the 5-year-old child asleep on the front passenger seat without wearing a seat belt; there was no child safety restraint system or booster seat inside the car, according to police.

While speaking to officers, Rubio allegedly said he was coming from Parx Casino in Bensalem, although cops noted that the casino was located in the opposite direction from where Rubio had driven, and when asked if he knew where he was currently, Rubio replied, “Bensalem,” according to court documents. Rubio’s speech was very slurred and his movements were slow, and he was taken into custody for suspected DUI.

While handcuffing Rubio, police noticed something rolled up in his sleeve and discovered a prescription pill bottle that he said belonged to his wife, with a label indicating it was to contain 18 Xanax pills — the bottle was found to contain 6 ½ Xanax pills and 34 Oxycodone pills, according to the affidavit.

Rubio is due to be formally arraigned in Montgomery County court on May 24.