Man faces up to 10 years in prison for drunk driving
April 5, 2013
A 50-year-old Johnson Lane man faces up to 10 years in prison at his sentencing May 20 on a second felony conviction of driving under the influence.
Jay David Finders pleaded guilty Monday to the charge.
He has a prior felony conviction in September 2007 from Carson City District Court.
Under Nevada law, a second felony DUI merits up to 15 years in Nevada state prison and a $5,000 fine.
Finders is ineligible for probation or diversion.
He was arrested Oct. 13, 2012, driving up Stephanie in Johnson Lane after several callers reported a suspected drunk driver,
He told District Judge Michael Gibbons his preliminary breath test yielded an alcohol content of .144. Blood test results were .206. The legal limit is .08 for driving in Nevada.
Gibbons declined to allow Finders to remove an electronic monitoring system.
The judge pointed out there was a wide sentencing range, and Finders could argue he had been in compliance with presentence release conditions as long as there were no violations.
■ A 22-year-old Gardnerville woman faces up to six years incarceration after pleading guilty Tuesday to allowing her children to be present while she and her boyfriend allegedly sold methamphetamine from their apartment.
Michelle A. Hart pleaded guilty to allowing a child to be present during the commission of a controlled substance violation and child endangerment.
District Judge Tod Young set sentencing for May 28.
In exchange for Hart’s guilty plea, the state won’t oppose her request for a diversion for the felony. She agreed not to seek diversion for the gross misdemeanor child endangerment charge.
That means, if successful, the felony charge would be dismissed.
Sentencing on the gross misdemeanor is to be continued until she completes the diversion, and the state agreed not to ask for additional jail time.
Young reminded Hart her sentence is up to him despite the plea agreement.
Young released Hart on her own recognizance Tuesday from Douglas County Jail where she has been held since her arrest Feb. 28.
Roberto Rodriguez, 25, Hart’s boyfriend and father of the children, was charged with two counts of trafficking in a controlled substance, methamphetamine; two counts of allowing a child to be present in the commission of a controlled substance violation; and two counts of sales of a controlled substance.
According to court documents, the pair was arrested following a three-month investigation by Douglas County Sheriff’s Office investigators that involved four purchases of methamphetamine.
Investigators reportedly found methamphetamine in an unlocked desk drawer within easy reach of the couple’s two children, ages 3 and 9 months.
The children are in the care of family members.
Young told Hart her release did not mean that she would be getting her children back immediately.
He ordered her to refrain from alcohol and controlled substances, and remain under the supervision of the Department of Alternative Sentencing.
“One beer will put you right back in jail,” Young said.
Hart said she would be living with a woman in the Gardnerville Ranchos who has two young children.
“You just told me you exposed your children to controlled substances,” Young said. “You’re not going to do that to (her) kids, are you?”
“Absolutely not,” Hart said.
“That would be a shame if you did,” he said.
Hart told Young she had no prior criminal record, and believed her job was waiting for her.