Wednesday, March 12, 2014

Felony DUI leads to jail sentence

Defendant given withheld judgment


By TERRY SMITH
Express Staff Writer

Cesar Espinoza-Marin

    A 30-year-old Bellevue man was given a withheld judgment but also sentenced on Monday to 45 days in the Blaine County jail after pleading guilty earlier to felony DUI.
    Sentence was pronounced on Cesar Espinoza-Marin by Judge Robert J. Elgee in Blaine County 5th District Court. Espinoza-Marin was given credit for four days already spent behind bars. The withheld judgment provides that the felony conviction can be removed from his criminal record if he successfully completes three years of probation.
    Espinoza-Marin was represented by Hailey attorney Christopher Simms under Simms’ public defender contract with Blaine County.
    The defendant pleaded guilty to the crime in December 2013. According to court records, Espinoza-Marin was charged with a felony because of two earlier misdemeanor DUI convictions. The first was in 2006 in Blaine County and the second was in 2009 in Gem County.
    A probable-cause affidavit was filed in the case by Bellevue Deputy Nicholas Wallis, who wrote that he made a traffic stop of the defendant on Aug. 3, 2013, near the intersection of Main Street and Cedar Street because Espinoza-Marin was driving erratically.
    Wallis wrote that Espinoza-Marin failed field-sobriety tests and was placed under arrest when a breath test showed a blood-alcohol level of .168, which is more than double the legal driving blood-alcohol limit in Idaho of .08.
Terry Smith: tsmith@mtexpress.com




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