Libby mother receives deferred sentence for DUI

Sally Ann Kelley, 39, entered a guilty plea in Montana’s 19th Judicial District Court Monday on a first-offense charge of driving under the influence of alcohol or drugs. As part of her plea agreement with Lincoln County prosecutors one additional charge of felony criminal child endangerment and a misdemeanor charge of criminal possession of drug paraphernalia were dismissed. Kelley was sentenced to one year in the Lincoln County jail, with all but two days of the sentence suspended. She was given credit for two days served after her arrest, so will spend no additional time behind bars. She was also fined $1,200 plus an $85 court surcharge.

Kelley was arrested July 17, following reports of a person driving erratically on U.S. Highway 2 south of Libby.

In the affidavit of probable cause, Montana Highway Patrol Trooper Bryce Ford documented the observations and reasons for Kelley’s arrest.

“Ms. Kelley was driving a vehicle that was observed weaving all over the highway by two Lincoln County deputies,” Ford wrote. “Ms. Kelley was observed by Deputy (Joe) Nagle to have a white powdery substance by her nose when stopped. Ms. Kelley had a pen used as a drug snort tube next to her when stopped. Ms. Kelly stated that she had snorted two 10mg Loritab. Ms. Kelley also stated that she had smoked marijuana earlier that day. Ms. Kelley’s pupils were pin-pointed and non-reactive to stimulus. Ms. Kelley was noticably swaying when asked to estimate 30 seconds. It was only 22 seconds. Ms. Kelley was noticably unsteady on her feet. Ms. Kelley also stated that she had taken muscle relaxers.”

At the time of the arrest, a three-year-old child was in the vehicle with Kelley.

Also arrested at the time was Steven Wayne Kelley, age 44, who was also charged with driving under the influence (second offense) and felony criminal child endangerment. Trooper Anthony Jenson of the Montana Highway Patrol filed the arrest report.

“On July 17, 2015, at approximately 1627 hours, a 911 caller reported a vehicle had been driving erratically and into the ditch near mile marker 43,” Jenson wrote. “The suspect vehicle was stopped near mile marker 78 on U.S. Highway 2. I responded and learned the defendant had been driving the vehicle at the time the erratic driving had been observed. The defendant admitted he had taken numerous prescription drugs and also had a prescription for Zolpidem (Ambien) which had been filled on July 17, and already 21 pills were missing. I had the defendant perform the SFSTs and the defendant showed numerous indicators of impairment. The defendant provided a breath sample on my PBT showing he had not consumed any alcohol. The defendant agreed to provide a blood sample. The blood sample has been sent to the crime lab for testing. The defendant had one prior conviction for DUI in Columbia Falls in 2004. There was also a three-year-old child in the rear seat while the defendant was driving. The witness later showed me videos she had taken showing the defendant’s driving across the center line and fog line numerous times.”

Steven Kelley has pleaded not guilty to the charges and requested a jury trial. If convicted, he faces up 10 years in prison and a fine of $50,000 for the endangerment charge and up to six months in jail and a fine of $4,000 for the driving under the influence charge.