Wednesday, August 18, 2010

Aggravated DUI suspect pleads guilty

Allen claims he ‘blacked out’ prior to accident

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Justin Ray Allen

A Hailey man pleaded guilty Monday in Blaine County 5th District Court to aggravated DUI, a felony, for being intoxicated and injuring a man in a traffic accident in April.

Justin Ray Allen, 21, admitted guilt as part of a plea agreement with the Blaine County Prosecuting Attorney's Office, which agreed to dismiss a second charge of leaving the scene of an accident.

According to the agreement, Deputy Prosecuting Attorney Matt Fredback said the state will recommend that Allen be sentenced to a five-year prison sentence, with three years determinate and two years indeterminate. The defense is free to argue for less at a sentencing hearing scheduled for 9:30 a.m. on Sept. 27.

The accident occurred on the evening of April 11 on state Highway 75 south of St. Luke's Wood River Medical Center when Allen, driving a 1989 Chevrolet pickup, collided head-on with a 1992 Mercury Tracer driven by Augusto Leiva-Aquirre, a 30-year-old Hailey man, who police said suffered a "severely broken leg."

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Allen told Elgee that he was drinking at a friend's home prior to the accident and didn't plan to drive that night.

"I know what I did, even though I don't remember anything," Allen said. "It was like I was there one minute and blacked out the next, and the next thing I know I was in the hospital."

Allen was treated at St. Luke's for a laceration above his eye.

Terry Smith: tsmith@mtexpress.com

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