A man accused of drunk driving and driving on a suspended license entered a plea and has been sentenced in Cass County.
Plea and sentencing in case alleging drunk driving and driving on a suspended license.
52-year-old Barney L. Zimmerman of Ashland entered guilty pleas to driving while under license revocation, a Class IV Felony, and to driving under the influence third offense, a Class W Misdemeanor.
The pleas were part of an agreement in which the DUI was amended from a Class III Felony (3rd offense—above.15 blood alcohol content) to the Class W Misdemeanor.
The Cassgram reports that At Zimmerman’s request, Cass County District Court Judge Randall Rehmeier allowed the case to proceed immediately to sentencing where the judge followed the joint recommendation of 90 days in jail. Zimmerman had already served 63 days at the time of sentencing on Monday. With credit for time served under Nebraska’s good time laws, he was released from the Cass County Jail on Tuesday. Zimmerman must also pay a $600 fine and a new 15-year license revocation period started Monday.
Zimmerman was arrested after a car went off the road on Kimberly Drive the morning of December 13th. Deputy Cass County Attorney Steve Sunde said that when a sheriff’s deputy arrived, Zimmerman was standing in a nearby wooded area. He told the deputy he was not the driver but also told the deputy no one else had been in the car.
Julie Bear of the public defender’s office said the sentencing agreement was appropriate because there were “issues” in the case such as whether or not Zimmerman was the operator, whether the vehicle had been on the public road, and pinpointing when the accident happened, leaving open the possibility Zimmerman could have consumed alcohol after the crash.