Wednesday, February 29, 2012

Shoshone man admits to felony DUI

Change of plea averts pending jury trial


By TERRY SMITH
Express Staff Writer

Michael B. Braun

A 23-year-old Shoshone man pleaded guilty Monday to felony DUI, averting a jury that was scheduled to begin today in Blaine County 5th District Court.

At a change-of-plea hearing, Michael B. Braun admitted to Judge Robert J. Elgee that he was driving intoxicated when arrested by Hailey police on the evening of June 25 on Woodside Boulevard.

Braun was charged with a felony because of prior misdemeanor convictions in Blaine County in 2011 and in Twin Falls County in 2006. Idaho law provides that a person with two misdemeanor DUI convictions within the past 10 years shall be charged with a felony on a third DUI arrest.

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Braun's guilty plea was in accord with a plea agreement with the Blaine County Prosecuting Attorney's Office. According to the agreement, the Prosecuting Attorney's Office will recommend at sentencing that Braun receive a five-year suspended prison sentence, be fined $2,500 and spend 30 days in the Blaine County jail.

Elgee advised Braun that the court is not bound by the terms of the plea agreement and that he could sentence Braun to the maximum penalty of up to 10 years in prison.

Braun remains free on $7,500 bond. He is represented by Ketchum attorney Dan Dolan under Dolan's public defender contract with Blaine County.

Sentencing was scheduled for April 23.

Terry Smith: tsmith@mtexpress.com




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