Wednesday, December 22, 2010

District judge hears felony DUIs

Woman gets 14 days in jail, man admits to driving drunk


By TERRY SMITH
Express Staff Writer

Nancy K. Landsinger Rosendo Torres-Martinez

Two felony DUI cases were considered Monday in Blaine County 5th District Court. Judge Robert J. Elgee sentenced a Blaine County woman to 14 days in jail and accepted a guilty plea from a Shoshone man who had four misdemeanor DUI convictions.

Nancy K. Landsinger

Nancy K. Landsinger, a 48-year-old woman who has been accepted into Blaine County Drug Court, was sentenced to 14 days in jail after earlier pleading guilty to driving drunk and hitting a parked trailer in Ketchum on June 17.

Deputy Prosecuting Attorney Matt Fredback told the court that Landsinger had a blood-alcohol level of .236, nearly three times the state's legal limit of .08.

According to a criminal complaint filed against Landsinger, she has prior misdemeanor DUI convictions from 2006 in Blaine County and 2002 in Ada County. Idaho law provides that a person with two prior misdemeanor convictions within the past 10 years can be charged with a felony for a third offense.

Elgee ruled that Landsinger be allowed work release and can begin serving her sentence on Jan. 18. He also ordered her to provide 14 days of community service and pay $600 in fines and restitution, suspended her driver's license for one year and placed her on probation for three years. He gave her a withheld judgment, a court provision that allows a conviction to be removed from a defendant's record with successful completion of probation.

Landsinger will be required to complete and graduate from drug court as a requirement of probation. Drug court offers people a chance at rehabilitation from drugs or alcohol as an option to jail or prison.

Public defender Dan Dolan told the court that Landsinger recognizes she has a drinking problem and is working hard to overcome it.

"This is her sentencing day—it's also her six-month anniversary for sobriety," Dolan said.

Rosendo Torres-Martinez

Rosendo Torres-Martinez, a 54-year-old Shoshone man, pleaded guilty to felony DUI in accord with a plea agreement with the prosecuting attorney's office.

Fredback said he will recommend at sentencing that Torres-Martinez serve 100 days in jail, lose his driver's license for three years, pay a $2,500 fine and be placed on probation for four years. Sentencing was scheduled for Feb. 7.

Torres-Martinez admitted in court that he was intoxicated when arrested by Hailey police on Sept. 3 near the intersection of River and Bullion streets.

"I had been drinking, so they had reason," Torres-Martinez said through a court interpreter. "By saying I'm guilty, I want to take care of all of this."

Fredback said Torres-Martinez had a blood-alcohol level of .193.

According to Idaho court records, Torres-Martinez had misdemeanor DUI convictions in Gooding County in 2006 and 2003, in Twin Falls County in 2000 and in Jerome County in 1994.

Terry Smith: tsmith@mtexpress.com




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