Driver sentenced for DUI rollover

Wednesday, March 12, 2014

McCOOK, Nebraska -- A drunk driver who left his vehicle upside down in a drainage ditch near the intersection of East Fifth Street and East A Street last summer faced only a DUI charge stemming from the incident. The offender, 21-year-old Austin D. Ebert of 401 East 12th Street, was convicted of drunk driving during a Red Willow County Court hearing in January but an additional offense for leaving the scene of an accident was not pursued by Red Willow County Attorney Paul Wood.

Police officers found Ebert's vehicle inverted in a drainage ditch and determined it had been attempting to turn onto East A Street when it ran off the road and rolled onto its top in the ditch. The vehicle was registered to Ebert, who eventually returned to the scene on foot and admitted to being the driver and sole occupant, as well as driving under the influence.

Ebert was subsequently convicted of DUI (.27) and fined $500, ordered to serve 30 days in jail and his driver's license was revoked for one year.

Ebert has been cited with several alcohol related traffic offenses prior to the roll-over accident. In June of 2012 Ebert ran from a Red Willow County Sheriff's Deputy, leaving his passenger, vehicle and a half drank alcohol container behind as he fled on foot. Charges in that incident were dismissed after Ebert completed the Red Willow County Diversion Program.

Ebert was originally cited with obstructing a peace officer, possession of an open alcohol container and delivery of alcohol to a minor, stemming from the incident, which occurred on County Road 386.

Red Willow County Attorney Paul Wood pursued charges of MIP and possession of open alcohol container in the case, before agreeing to dismiss both charges if Ebert completed the Diversion Program.

During the fall of 2012 he was cited for operating a motor vehicle with an unlawful concentration (.077), minor in possession of alcohol and speeding 40 mph in a 35 mph zone. He was subsequently ordered to serve 6 months probation and his driver's license was impounded for 30 days after being convicted on the unlawful concentration and MIP offense, the speeding offense was not pursued.

Ebert followed the unlawful concentration incident up with a third degree assault conviction in August of 2012 and was ordered to serve six months probation and pay $484 in restitution to Community Hospital.

The fall of 2013 he faced probation violations stemming from the DUI arrest and roll-over accident, as well as failing to maintain employment, avoid social contact with others on probation, missing probation appointments and testing positive for methamphetamine and amphetamine in June of 2013. Ebert was subsequently ordered to serve 10 days in jail.