Jorgensen sentenced after striking deal
The man arrested after getting his vehicle stuck on the edge of a U.S. Border Patrol agent’s driveway while intoxicated last year will undergo substance abuse treatment before serving a suspended sentence.
Ernest Lloyd Jorgensen, 59, pleaded guilty to a single count of operating a motor vehicle with an alcohol concentration of .08 percent or more, fourth offense, in January after striking a deal with prosecutors. In return, prosecutors dropped charges of driving under the influence of alcohol or drugs, fourth or subsequent offense, driving while suspended and operating a motor vehicle without liability insurance.
District Judge Matthew Cuffe handed down Jorgensen’s sentence during a Feb. 22 hearing.
Following the prosecutors’ recommendations, Cuffe placed Jorgensen in the care of the state Department of Corrections for 13 months, during which he will be placed in a chemical dependency program. Upon completion, Jorgensen will serve out a suspended, three-year sentence.
Cuffe described the sentence as creating a “period of structure and long term supervision so that [Jorgensen] can be successful.”
Eureka Police officer Grigori Neils arrested Jorgensen about 4 p.m., Nov. 12 after receiving a phone call from an off-duty Border Patrol agent. According to court documents, the agent alerted local law enforcement after a motorist got stuck trying to get up his driveway.
When Neils got to the scene, he found Jorgensen unsuccessfully trying to start the engine of his Chevrolet Tahoe. When Jorgensen rolled down the window to speak with Neils, the officer recalled smelling the strong odor of an alcoholic beverage.
Jorgensen told Neils that he was looking for a friend’s house when his vehicle got stuck. Throughout their conversation, Jorgensen displayed slurred speech and glossy eyes, Neils wrote in an affidavit.
Given the icy conditions of the driveway, Neils decided to perform a sobriety test at the station. Jorgensen nearly fell several times on his way to Neils’ patrol car, court documents said. Neils described him as being unable to walk straight.
Jorgensen later became uncooperative, claiming at times that he was blind. He also refused to provide a breath sample, court documents said.
Neils secured a warrant for a blood sample after returning to the police station. He also discovered Jorgensen had three prior driving under the influence convictions in Lincoln County between 2010 and 2014.
Jorgensen’s defense attorney, Jessica Polan, sought to have the fines and fees associated with the charge waived. She walked Jorgensen through his financial situation, including his lack of savings and property as well as his inability to work following several heart attacks.
Jorgensen told the court he was filing for Social Security disability when he was arrested. Prosecutors countered by pointing out that he was able to find money for alcohol.
Cuffe waived several fees, but kept in place the mandatory $5,000 fine that comes with the charge.