Libby man receives suspended sentence for DUI

Steven Wayne Kelley, a 44-year-old Libby man, was given a one-year sentence after entering a guilty plea on a first-offense charge of driving under the influence.

In exchange for the guilty plea, a felony charge of criminal child endangerment was dropped in the case. He was sentenced to one year in the Lincoln County Jail, with 362 days of the sentence suspended and credit given for three days for time served after his initial arrest. He was also fined $1,200 and a court surcharge of $85.

Kelley was arrested July 17, 2015, following reports of a person driving erratically on U.S. Highway 2 south of Libby.

“On July 17, 2015, at approximately 1700 hours, I was starting my shift for the night when I heard Trooper Ford was looking for a possible crash,” Montana Highway Patrol Trooper Anthony Jensen wrote in his report of the incident. “A person had called 911 to report a vehicle had been driving erratically and driven off the highway. Before the caller could provide more information, they lost cell service... Deputy Nate Scofield and Deputy Joe Nagle were on their way back from Kalispell and were able to stop the suspect vehicle near mile marker 78. Upon my arrival at approximately 1744 hours, I observed Trooper Ford had placed the female driver, Sally Kelley, under arrest for DUI. Deputy Scofield advised me the male, Steven Kelley, was the driver when [the reporting party] originally called 911. Steven’s wife, Sally, had taken over driving when they reached Happy’s Inn. Deputy Scofield stated it appeared to him that Steven was quite impaired. Deputy Scofield advised me there had also been a three-year-old child in the vehicle.”

Jensen performed a number of field sobriety tests, as well as a breath sample test on Kelley at the scene of the arrest. He said Kelley’s breath test showed no alcohol in his bloodstream, but the test showed numerous indicators of impairment.

“It appeared to me that Steven was very impaired,” Jensen wrote. “I read Steven the preliminary alcohol screening test advisory. Steven agreed to provide a breath sample. Steven provided a proper breath sample which showed he had a BAC of 0.00.”

In court Monday, Kelley’s attorney Alisha Backus of the Office of the Public Defender asked for the record to reflect Kelley was taking the prescription drug Xanax, for which he had a valid prescription at the time of the incident. Judge James Wheelis allowed the record to reflect the Xanax, but also added the addition of that notice “does not negate the guilty plea.”

Kelley’s wife, Sally Ann Kelley, 39, entered a guilty plea in Montana’s 19th Judicial District Court earlier on a first-offense charge of driving under the influence of alcohol or drugs for her role in the same incident. 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. She 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.

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.”