HomeNews

Man gets prison for 12th drunken driving conviction

Font Size:
Default font size
Larger font size

LINCOLN, Neb. - A man with 11 drunken-driving convictions was sentenced to prison less than a month after the Nebraska Supreme Court said giving him probation was too lenient and showed disrespect for the law.

Melvin Rice of Sioux City, Iowa, was sentenced Thursday to 20 months to five years in prison by Dakota County District Judge Robert Burkhard. Rice also was fined $1,000.

Rice was given three years of probation last year after a plea bargain reduced his 12th DUI charge to driving while his license was revoked.

Rice was convicted of drunken driving in California in 1972; in California and Nevada in 1977; and in Nebraska four times in 1984 and in 1990, 1992, 1996 and 2002.

A Dakota County deputy sheriff said Rice, 67, had an open container of whiskey in the vehicle when he was stopped in August 2003. The deputy also said Rice was too drunk to perform a field sobriety test and could hardly stand.

Rice's blood-alcohol level was 0.307 percent - nearly four times the legal limit of 0.08 percent, according to court records.

Dakota County District Court Judge Maurice Redmond waived a jail sentence of 180 days for Rice, provided that he successfully complete probation.

Rice also was fined $1,000, had his driver's license revoked for 15 years and was ordered to not drink alcohol, to perform 200 hours of community service and to complete drug and alcohol treatment and counseling.

In last month's ruling by the high court, Judge Kenneth Stephan said "it is difficult to discern a need or justification for leniency in this case."

"Probation has not deterred Rice's conduct in the past, and we find nothing in the record to suggest that it would be more likely to succeed now," Stephan said.

Prosecutors appealed Rice's sentence of probation, but it was upheld with "great trepidation" by the Nebraska Court of Appeals.

Appeals Court Judge Richard Sievers said: "We can only fervently hope Rice understands that he has avoided killing himself and others, or causing serious injury, only by his good luck and that his drinking and driving poses a serious risk to innocent people."

Sievers, who said there was no indication that Redmond abused his discretion in sentencing Rice, noted that Rice's record suggests he probably does not understand the severity of his behavior.

"Either he will get the help he needs and be forced into sobriety or he will be back before a court for sentencing," Sievers said.

"We understand that there is some likelihood that such court appearance will occur after a horrific motor vehicle accident," Sievers said. "But, we think that the chance of a horrific accident is more likely if he simply serves a 12- or 18-month term in the penitentiary and then walks away without continuing treatment."

Assistant Attorney General Kevin Slimp and Dakota County Attorney Ed Matney handled the case.

"The people of Dakota County and the entire … area will be much safer" with Rice in prison, Matney said.

Print Email

/news
 
Sponsored by:

Connect with Us