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Man faces 8 years for DUI

by Mike WELAND<br
| October 7, 2010 9:00 PM

Robert Moir, 66, Moyie Springs, could face up to eight years in prison if he doesn't successfully complete a six-month boot camp program at Cottonwood after being convicted for felony DUI; his ninth conviction for DUI dating back to 1973.

Moir's latest arrest came Feb. 3 when Bonners Ferry assistant police chief Joel Minor received a report of a possibly intoxicated person leaving Boundary Trading Company. Stopped a short distance away, Moir failed a field sobriety test and admitted to the officer that he had some beer in the early afternoon. A breathalizer test later showed that he had a blood alcohol content of .108 and .111.

Because it was his third DUI conviction in five years, he was charged with a felony.

In a plea agreement entered into because Minor would not be available for trial, Boundary County Prosecutor Jack Douglas recommended two to four years in prison, suspended, and 30 days of additional jail time.

“I felt it was a good compromise, as it would have been almost impossible to obtain a conviction without Officer Minor's testimony,” Douglas said. “Even though his blood-alcohol content was relatively low and there was no accident involved, I felt that the threat of prison would encourage Mr. Moir to get the counseling he needs to overcome his addiction and stop being a threat to everyone who uses our roads.”

He was sentenced Sept. 27 by Judge Darren Simpson, who was not bound to the agreement, to two to eight years in prison, with jurisdiction retained. If Moir successfully completes the program at Cottonwood, he will be placed on probation, the duration of which will be determined upon his release, and his license to drive will be suspended for five years.  He was also ordered to pay a $1,000 fine and $450 in court costs, and given credit for 42 days served in the local jail.

He was immediately remanded to the North Idaho Correctional Institution.

“If he fails the rider program and doesn't get the help he needs, I won't hesitate to ask the court to send Mr. Moir to prison,” Douglas said.