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Third offense DUI nets jail time, 15-year loss of license
McCOOK, Neb. — A Bartley man found asleep at the wheel of a running vehicle, which was stopped halfway through a rural intersection, received county jail time recently and his driver’s license was revoked for 15 years.
The offender, 29-year-old Troyce R. Thomas Jr., accepted a plea agreement in August admitting guilt to a Class 3A felony for third offense DUI (.15+) and a Class 2 misdemeanor for driving on a revoked license. During a Sept. 11, 2017, sentencing hearing, he was ordered to serve 300 days in jail on the felony with credit for 90 days already served as well as 18 months post-release supervision and his driver’s license was revoked for 15 years. He was ordered to serve a concurrent 90-day jail sentence on the misdemeanor.
The plea agreement reduced a Class 2A felony alleging fourth offense DUI (.15+) to the lesser Class 3A felony for third offense DUI (.15+), while also admitting guilt to the misdemeanor and dismissing an infraction alleging open container.
Thomas was startled awake in June by law enforcement officers responding to a report of a man passed out behind the steering wheel of a pickup parked in the middle of the intersection of County Road 392 and 715, according to court documents. The arresting officer indicated the vehicle appeared to be running and in gear as he approached, with the driver’s head partially sticking out of a rolled down driver’s side window.
Thomas was holding an open beer can between his legs and the vehicle began moving as soon as he awoke, prompting the officer to give chase until the vehicle came to a stop and Thomas was subsequently arrested. Thomas breath alcohol concentration was (.197) at the time of his arrest, according to the preliminary breath test.
According to court documents, Thomas was convicted of drunk driving in Lincoln County in June of 2016; again in Frontier County in December of 2016, and a third time in Red Willow County in February of 2017.