DUI No. 5 reduced to misdemeanor
A 51-year-old Martin City man who recently got a felony DUI No. 5 charge reduced to a misdemeanor was back in court for driving with a suspended license and no insurance.
Columbia Falls City Court Judge Tina Gordon sentenced John Harrington in early September to a $535 fine with $400 suspended and six months in jail with all but 14 days suspended for driving with a suspended license.
She also sentenced Harrington to a $535 fine and six months in jail with all but 30 days suspended for a third offense of driving without insurance. The net sentence is 44 days in jail and $670 in fines. He was also ordered to pay $250 in attorney fees and $50 in court costs.
According to court records, Harrington was charged with DUI No. 5 and misdemeanor counts of driving with a suspended or revoked driver’s license and no insurance after a Montana Highway Patrol trooper arrested him on Aug. 9, 2012.
The trooper was responding to a vehicle accident at U.S. 2 and Seventh Street in Hungry Horse. Harrington allegedly caused the crash and had bloodshot eyes, unsteady movements and smelled of alcohol. He had been convicted of DUIs in November 2007, May 2008, March 2010 and January 2012.
Harrington was given a public defender, pleaded not guilty on Aug. 30, 2012, and was released on his own recognizance by Flathead County District Court Judge Ted Lympus on Sept. 25, 2012.
His attorney, Jessica Polan, filed a discovery request with at least eight listed exhibits and six witnesses and subpoenaed MHP Trooper Tyler Reed.
A plea agreement was reached on Jan. 9 this year in which Harrington would take an Alford plea — in which he would not plead guilty but would acknowledge that sufficient evidence existed to convict him — and the felony DUI charge would be reduced to a misdemeanor DUI No. 3.
Polan and the Flathead County Attorney’s Office also recommended in the plea agreement that Harrington be sentenced to one year in jail with credit for 78 days served and all remaining time suspended, chemical dependency treatment, and all fines and fees be based on his ability to pay.
Lympus sentenced Harrington per the plea agreement on Jan. 7. Harrington was also given suspended sentences for the misdemeanor charges of driving with a suspended license and no insurance.