Man Charged With DUI on Marsh Road Enters Plea

A man accused of driving on the wrong side of Marsh Road in Menlo Park last month pled not guilty to all charges Monday, according to the San Mateo County District Attorney.

On December 12, Menlo Park Police responded to a 9-1-1 call about a reckless driver. The caller said that someone was driving against the flow of traffic, according to public records.

When officers arrived at about 3 p.m. they found Efrain Moreno-Avalos, 26, irregularly parked on the side of the road. Moreno-Avalos was sitting in the driver's seat, with his 10-year-old brother in the passenger seat.

Deputy District Attorney Nicole A. Sato said Moreno-Avalos denies driving the car. But his little brother told police he was driving. Officers say he failed field sobriety tests. When tested, Moreno-Avalos had a blood alcohol level of .21%, according to police records.

In Judge Jonathan Karesh’s court, Moreno-Avalos pled not guilty on Monday to charges of putting a child in a situation that could cause great bodily harm or death, driving while under the influence of alcohol, and driving with a blood alcohol level greater than the legal limit. He was also driving while his license was suspended.

Judge Karesh denied the defense attorney’s motion to decrease the felony child endangerment charge to a misdemeanor. The other charges are misdemeanors. 

"The total sentence the defendant faces is six years, six months in state prison," said Steve Wagstaffe, San Mateo County District Attorney.

Moreno-Avalos is in custody and ineligible for release, Wagstaffe said.  His attorney Gerritt Rutgers, who was assigned to him through the county's Private Defenders Program, did not return calls for comment.

The jury trial date is set for March 4.

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