Woman admitted to DUI diversion
A 28-year-old Gardnerville woman with three drunk driving convictions was admitted Monday to a diversion program designed to keep multiple offenders out of prison.
Lawyer Kris Brown said her client, Cassandra McElvain, put herself through a treatment program and was sober for eight months before she reoffended.
“She realizes now that when she’s in treatment, working a program, she has the ability to remain sober,” Brown said. “She could have hit the felony DUI mark and said, ‘I failed,’ but Cassandra doesn’t do that. She gets back on her horse and tries again. She looks for ways to improve her life.”
Brown said her client was placed back on probation in justice court and already attended a session of the DUI diversion court.
“I think everybody sees her as a person who is trying,” Brown said.
Prosecutor Tom Gregory argued against the diversion, recommending a 12-36-month sentence in Nevada State Prison.
He said she had three DUI convictions since October 2007 and a domestic battery conviction while she on a suspended sentence.
“Her conduct is incredibly dangerous,” Gregory said.
McElvain told District Judge Michael Gibbons she was working two jobs to pay for the 3-5-year program, and a family member had offered to help with costs for counseling and testing.
McElvain said she has been sober since her DUI arrest two months ago.
She said she was attending 12-step meetings and on a waiting list for additional counseling.
“Your actions the past few years have been very negative for you and the people around you,” Gibbons said. “You are a borderline candidate for this program. There is zero tolerance for violations. Take advantage of the opportunities and this chance to turn your life around.”