Jury returns guilty verdict.
A 12-member Cass County District Court jury found a 30-year-old Beaver Lake man guilty of driving while intoxicated with the aggravator of refusing to take a chemical test. The conviction is a Class IIIA Felony.
The defense had argued against the “basis of the arrest” of Nicholas Grizzle by a Cass County sheriff’s deputy in May of 2008, said Cass County Deputy Public Defender Julie Bear. She said the defense challenged how officers and prosecutors determined there should be charges when there was no breath test.
The trial involved about two full days of arguments and testimony. The jury deliberated for just over three hours before returning the verdict.
Cass County Deputy County Attorney Steve Sunde was the prosecuting attorney. Sunde said there will now be an enhancement hearing as the state tries to establish this conviction as Grizzle’s third DUI conviction.
Grizzle was also found guilty of procuring alcohol for a minor. A 20-year-old was with him at the time of the arrest.
Sentencing is set for March 22nd.