Fifth drunk driving charge results in 2nd offense plea

Thursday, June 14, 2012

McCOOK, Nebraska -- A McCook man who was arrested and charged in February with what was at least his fifth offense of drunk driving received his second conviction for DUI second offense, May 15, in Red Willow County Court. The offender, 48-year-old Donald Stuck of 512 1/2 East 7th Street, was subsequently sentenced on the charge to pay a $500 fine, serve 10 days in jail with credit given for two days already served and serve 24 months probation. Stuck's $600 in probation fees were waived by the court.

Stuck was also sentenced to 120 days of continuous alcohol monitoring and his driver's license was revoked for one year, in addition to an incremental 50 day jail sentence that would be served in 25 day increments beginning in July and December.

The charge against Stuck stemmed from a February 2012 incident at 12:53 p.m., during which Stuck was cited with DUI (.154) third offense. Stuck was pulled over because he had been spotted earlier in the month stealing two six packs of beer out of the back of a pickup parked in the Walmart parking lot.

He was charged with theft by unlawful taking in that case and sentenced to two days in jail and ordered to pay $11.60 in restitution to the victim.

Stuck was originally charged with DUI third offense, that charge was reduced by County Attorney Paul Wood to DUI second offense in March.

According to court documents Stuck was convicted of DUI first offense twice in 1993 and again in 2006. He was also convicted of DUI second offense in 2008 prior to his 2012 conviction.