California DUI lawyers report a Moreno Valley man was released and immediately rearrested Tuesday night as the California Highway Patrol continues to investigate the Friday morning death of a tow truck driver on Interstate 215 as a possible California DUI murder.
Oswaldo Lopez, 29, of Moreno Valley, was arrested for California DUI shortly after police say he plowed into a tow truck driver on the side of the freeway at the Highway 60 interchange in Moreno Valley.
The tow truck driver, Gregory Ronald Gerbing, 41, was kneeling on the shoulder, accompanied by CHP officers, while clearing an earlier overturned vehicle near Box Springs Road around 12:30 a.m., California DUI attorneys said.
California DUI police said Lopez was driving a pickup on the southbound freeway, when he veered right and hit Gerbing and the tow truck. Gerbing died less than an hour later, according to California DUI lawyers.
Lopez failed a California DUI field sobriety test and was arrested on suspicion of California DUI - driving under the influence and murder.
Investigators await the official results of a California DUI blood-alcohol test taken that morning.
Following Lopez's arrest, CHP investigators were given a standard 72-hour window, excluding weekends, to submit the California DUI case to the Riverside County district attorney's office to file charges, per California DUI drunk driving lawyers.
The California DUI case was not given to the district attorney Tuesday and, legally, Lopez was released from California DUI jail.
CHP officers arrested Lopez again Tuesday night for California DUI, using a one-time privilege in each case that allows California DUI police to rearrest someone for the same California DUI offense.
He remained in California DUI custody Tuesday night.
Lopez's driver's license was reinstated in April after it had been suspended by DMV for a California DUI / Drunk Driving in December 2007.
Because of the repeat California DUI violation and severity of the California DUI crash, CHP investigators plan to request California DUI murder charges be filed, California DUI lawyers said.