Fourth DUI costs more than three grand, jail, probation

A 37-year-old O’Neill man was sentenced by the Honorable

Mark Kozisek last week in the Holt County district courtroom for driving under the influence of alcohol, fourth offense, a Class 3A felony.

Kelly J. Wells was also sentenced to serve 90 days in the Holt County Jail, with credit for one day previously served; ordered not to drive for 45 days, followed by a 15-year revocation of his driver’s license; and fined $1,000 for the DUI and $25 for driving left of center. He was ordered to pay $1,100 in probation- related fees, $147 costs of prosecution and $1,000 in attorney fees.

“I believe (Wells) is gainfully self-employed as an independent contractor but was unable to afford an attorney at the outset of the case,” Holt County attorney Brent Kelly said. “District courts are allowed to order criminal defendants to reimburse all or a portion of their court-appointed attorney fees.”

Pursuant to an April 19 plea bargain, Kelly reduced Count I, from a Class 2A felony DUI to a Class 3 felony DUI in exchange for Wells’ no contest pleas to both counts.

Wells was the driver of a yellow bus that was reported to be driving erratically on a county road east of O’Neill on Oct. 28, 2020. He registered .208 on a Datamaster breath test, conducted at the Holt County Jail, after testing .198 on a preliminary test.

Wells was represented by Holt County public defender Rodney Smith.