The lawyer for a former state Cabinet secretary who was set to take a new job in the Obama administration this month said his client wasn't drunk at the time she was stopped.
Attorney Dan Marlowe acknowledged that Cindy Padilla, 48, did have a breath-alcohol content of 0.08 — the legal driving limit — when she was pulled over last month near the intersection of Guadalupe Street and Montezuma Avenue. However, he also pointed out that a second reading indicated a breath-alcohol content of 0.07.
"It's a terrible case," Marlowe said. "Because of this phobia of DWI ... people end up losing their livelihood, and it's not right. This stands to ruin her whole future. It's a complete overreaction."
Padilla — former head of Santa Fe Beautiful and director of the city's Solid Waste Management Division — served as secretary of the New Mexico Aging and Long-Term Services Department until Oct. 26, said Alarie Ray-Garcia, a spokeswoman for Gov. Bill Richardson. At that time, Richardson's chief of staff, Brian Condit, found out about the Oct. 24 DWI, and asked for Padilla's resignation, Ray-Garcia said.
Ray-Garcia said she didn't know how Condit found out about the DWI arrest. Padilla earned $105,000 a year as department head, according to state records.
Three days before Padilla was stopped, Richardson's office announced that she had accepted the job of principal deputy assistant secretary at the Administration on Aging in Washington, D.C. She was set to begin that job Nov. 16.
The Governor's Office never announced Padilla's Oct. 26 resignation
because the news release on Oct. 21 already said she was leaving, Ray-Garcia said.
Padilla has asked that her start-date at the federal agency be postponed "until the issue is resolved," and the Administration on Aging accepted that, said Vicki Rivas-Vazquez, a spokeswoman for the U.S. Department of Health and Human Services. Rivas-Vazquez didn't know how a DWI conviction might affect a job like the one Padilla has accepted. She also didn't know how much Padilla was expected to be paid as principal deputy secretary.
Efforts to reach Padilla on Friday were unsuccessful.
A Santa Fe police officer conducting a speed trap on Guadalupe Street stopped Padilla at 12:26 a.m. Oct. 24 for driving her 2007 Pontiac G6 at 30 mph in a 20 mph zone, said Santa Fe Deputy Police Chief Abram Anaya. When the officer pulled her over, Padilla's car tire struck the curb, he said. The officer smelled alcohol coming from the car and asked Padilla if she'd been drinking, Anaya said.
Padilla told the officer she'd had one margarita at El Farol, a Canyon Road bar and restaurant, he said. Padilla —who handed the officer a credit card after he asked for her license — later failed sobriety tests and was arrested, Anaya said. Her car was seized under the city's DWI seizure law and she was taken to the Santa Fe County jail, he said.
She waived her arraignment Wednesday in Santa Fe Municipal Court and pleaded not guilty to driving while intoxicated and speeding, according to Sharon Romero, Municipal Court records custodian. She is scheduled for a pretrial conference Dec. 9.
Marlowe said he plans to take the case against Padilla to trial as soon as possible.
"She doesn't deserve to be blackballed because of the indiscretion of having a drink before she drove," he said. "It's just not fair."
Richardson named Padilla secretary of the state Aging Department in November 2007. Before that, she served as deputy secretary, division director and Solid Waste Division bureau chief at the state Environment Department. Padilla was head of the Santa Fe's Solid Waste Management Division in the mid- to late 1990s. She graduated from St. Michael's High School, according to her biography posted online.
Contact Jason Auslander at 986-3076 or :jauslander@sfnewmexican.com.
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