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By Sandy Schroth
Editor 

DUI conviction results in 60 days jail, $500 fine

 

August 5, 2021



The Honorable Mark Johnson handed down two sentences last week when he presided from the bench in the Antelope County district courtroom in Neligh.

Michael G. Loy, 51, of Elgin appeared on a conviction of a Class W misdemeanor, driving under the influence of alcohol, less than .15 grams, first offense.

Johnson found Loy was not a suitable candidate for probation, that a sentence less than incarceration would depreciate the seriousness of the crime and there was substantial risk Loy would engage in additional criminal activity during a period of probation. Loy was sentenced to 60 days in the Antelope County Jail, with credit given for 27 days previously served. He was fined $500 and his driver’s license was revoked for one year. He was taxed $148 costs of prosecution.

He was remanded to the custody of Antelope County sheriff Robert Moore for execution of sentence.

Loy, who was represented by Antelope County public defender Patrick Carney of Norfolk, was convicted May 26 after reaching a plea deal with Antelope County Attorney Joe Abler. Abler reduced a felony count of DUI (.15 grams or more), dropped an open container count and agreed not to oppose probation, if a presentence investigation reflected the same.

According to a probable-cause affidavit, filed by Moore, a welfare check request was received Feb. 19, after a State of Nebraska Road Department truck, driven by Loy, was wrecked. Loy refused a preliminary breath test but submitted to a DataMaster test when he was booked at the law enforcement center, testing .220.

Johnson sentenced Gregory Mott, 54, of Tilden to an 18-month term of probation for a conviction of a Class 1 misdemeanor, third-degree domestic assault. He was ordered to pay $540 in probation fees and $148 costs of prosecution. Bond filed Dec. 21, 2020, in the amount of $10,000, 10% cash, was exonerated, with $900 held by the county assigned to a Holt County court judgment debtor, Credit Bureau Services, Inc., less the $148 costs and a $30 probation enrollment fee.

Mott was convicted of the Dec. 18, 2020, crime May 26, after reaching a plea agreement with Abler. In return for his guilty plea, Abler dismissed a Class 3A felony count, terroristic threats, agreed to file no additional charges in the case and not to oppose probation, if PSA reflected the same.

Mott was represented by Carney.

Hope M. Petite, 27, of Orchard faced Johnson for arraignment on five counts alleged June 27 in Orchard, Count I, second-degree assault, a Class 2A felony; Count II, third-degree assault, a Class 1 misdemeanor; Count III, leaving scene of property-damage accident, a Class 2 misdemeanor and counts IV and V, willful reckless driving, Class 3 misdemeanors.

Petite pleaded not guilty to all counts. Pretrial conference is set Aug. 25 and a jury trial, Sept. 22. Bond, in the amount of $10,000, 10%, filed July 27, was increased to $30,000, 10%. In addition, Johnson ordered she have no contact, direct nor indirect, with Laura Ferguson nor Lucas Schneider.

Petite, who is represented by Carney, was remanded to Moore’s custody, pending posting of new bond.

 

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