Judge denies motion for former officer

Published On: Jan 10 2012 06:18:04 PM EST
Updated On: Jan 10 2013 12:34:32 PM EST

Peter Munoz

MIAMI -

A judge denied a motion to dismiss charges against a former Coral Springs Police officer who is accused of driving drunk when he hit and killed a woman in a 2011 crash.

An attorney for Peter Munoz argued that he was changing lanes when he hit Jennifer Gutierrez, 23, on LeJeune Road in Coral Gables on July 16, 2011.

But the judge denied the motion, and set a trial date for May 6.

Photos of the aftermath of the crash were released six months later.

Munoz, an off-duty Coral Springs officer at the time, was behind the wheel of the other car. He gave his story to investigators in audio recordings. 

"She just -- the vehicle jumped into my lane and I had no chance to react. All I remember is making impact and the aftermath after," Munoz said. 

Investigators would later find out that Munoz had been drinking and had a blood alcohol level of nearly three times the legal limit. 

"I don't think I had a chance to hit my brakes because it was that sudden, out of nowhere," Munoz said on the tape. 

Drugs were also found in Gutierrez's system. But detectives blamed the off-duty officer's drinking and speeding. 

“He should pay for what he did,” Gutierrez’s mother said.

A status hearing for Munoz was scheduled for April 26.

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