Moyie man faces prison on sixth DUI

By MIKE WELAND

For the Herald

A Moyie Springs man was sentenced to two to four years in prison last week after pleading guilty to his sixth DUI, but Judge Steven Verby, on the recommendation of the Idaho Department of Probation and Parole and County Prosecutor Jack Douglas, retained jurisdiction in hopes that six months at Cottonwood will benefit T.J. Roy, 33.

Roy was arrested Dec. 26, 2006, after a neighbor alerted law enforcement at about

3:39 p.m. that he appeared intoxicated and was driving with his daughter, age six, in the vehicle. Roy's vehicle was spotted leaving Boundary Community Health Center, and Roy was stopped and placed under arrest on the charge of felony DUI, excessive, injury to a child, driving while suspended and failure to maintain liability insurance.

During the arrest, Roy admitted to having had a few drinks, and said he had driven to keep a doctor's appointment. He told arresting officers he realized he should have asked someone else to drive. He has remained incarcerated in the county jail since his arrest.

Roy pled guilty to felony DUI and the misdemeanor charges were dismissed.

If he completes the regimen at Cottonwood, Roy could be released on parole after serving six months.

In recommending retained jurisdiction, Douglas said "I believe this is a wise use of limited state resources. Mr. Roy clearly has a serious drinking problem, which we believe can be addressed during his six months at Cottonwood. While in state custody, he will be exposed to rigid discipline and many fine programs designed to alter the thinking that leads to criminal behavior."

In addition to the possibility of prison, Roy was ordered to pay $500 restitution and $102.50 court costs, and will have his drivers license suspended for up to five years following his release from custody.

Having already served 179 days in county jail, so the 180-day retained jurisdiction means he will spend one day short of a year in jail before he becomes eligible for probation.

"This puts the burden on Mr. Roy, where it belongs," Douglas said. "If he won't stop drinking and driving, he is probably headed to prison."