Lincoln County man sentenced for drunk driving
Michael Wayne George was sentenced Monday to 13 months with five years suspended for driving while intoxicated.
George was initially arrested for disorderly conduct and driving under the influence on Oct. 19, 2016, according to an affidavit from Montana Highway Patrolman Neil Duram.
The incident began at 9:11 a.m. with a call to Lincoln County Dispatch reporting a possibly intoxicated driver having struck the mailbox at the West Kootenai Fire Hall. Duram states he found a green Ford pickup stuck on a log structure associated with the mailbox.
Two boys passing on bicycles pointed officers to a porch where George was found sitting with a group of women.
According to the affidavit, George was difficult to understand, but told officers he had driven through his fence and backed over the mailbox.
George told the officers he had been drinking the previous day, but Duram reported that George smelled of alcohol and his eyes were watery and bloodshot.
When George swore and spit on the porch, Duram arrest him for disorderly conduct and took him from the porch to Duram’s cruiser.
Duram tried to administer a field sobriety test, which George was unable to complete.
After being told he was also under arrest for driving under the influence, George consented to a blood alcohol test, the affidavit states. However, an hour and a half later at the hospital, he refused.
After Duram sought a warrant for the blood draw, George continued to oppose the officer, but finally complied with the warrant about five hours after the initial 911 call. The two blood samples taken at that time showed a blood alcohol level in excess of .08.
Lincoln County Attorney Marcia Boris recommended a sentence of two years in state prison with an additional five years suspended and $5,250 in total fines. She also recommended screening for placement in a treatment program. If George completed the treatment program in less than 2 years, the remainder of that sentence would be suspended.
She said she recommended going above the minimum 13-month sentence to ensure George had time to complete a treatment program when time served was taken into consideration.
George’s defense attorney, Liam Gallagher, argued against going over the 13-month minimum required by state law.
Gallagher argued that Boris had not shown sufficiently that George had a prior history of drunken driving, which would warrant additional fines and prison time. His argument hinged on the presence of certified copies of past convictions.
After discussion and a short break in the sentencing to allow Gallagher to review certified driving histories from Arkansas, New Mexico, Texas and Washington state, the sentencing resumed.
Boris and Judge Matt Cuffe conferred regarding five prior convictions for driving under the influence in the four states, ranging from 1996 to 2013.
Gallagher maintained that George had never been in a treatment program before, which is a stipulation for the harsher penalties allowed under state law. He requested the minimum 13-month sentence and that the suspended sentence be reduced from five to three years.
Boris argued that the suspended sentence remain five years, given George’s history, to allow ongoing supervision.
Gallagher also asked for reduced or suspended fines due to financial constraints. George is homeless and dependent on social security benefits, Gallagher said. George also has a “litany” of health problems, though Gallagher did not enumerate them.
Cuffe ruled to wave the $800 public defender fee and strike the $3,167 jury cost. He left $5,000 in fines in place, but said that George would be able to work the amount off through community service if released.
Cuffe remanded George to the Montana Department of Corrections for 13 months and treatment, with the remainder suspended if he completes treatment early. He also gave George five additional years suspended sentence, and concurrent-suspended county jail sentences related to driving while suspended and failure to show proof of insurance.