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Danial R. Frickel, 26, of Atkinson appeared in front of the Honorable Kale Burdick in the Holt County courtroom in O’Neill on Sept. 21 on a charge of driving under the influence, first offense, a Class W misdemeanor.
Two motions in limine had been filed by his attorney, Ronald Temple of Norfolk, asking that results of a breath test not be allowed, alleging “defendant requested a blood test and was not afforded the same” and “arresting officer failed to read the defendant the Post-Arrest Chemical Test Advisement.”
A plea deal was announced and the motions in limine were withdrawn. Pursuant to the plea agreement, Brent Kelly, Holt County attorney, reduced the DUI charge to reckless driving, first offense, a Class 3 misdemeanor.
He also waived the chemical testing fee. Frickel entered a guilty plea and Burdick fined him $500 and assessed $50 costs of prosecution.
Frickel was arrested by a Holt
County deputy July 4 in Stuart.
Anthony B. Ganser, 54, of Ainsworth faced Burdick on a Class 3 misdemeanor count of driving under suspension/before reinstated. Burdick fined Ganser $200 and assessed $50 costs. Ganser had pleaded guilty to the April 24 offense on June 1. He failed to appear for sentencing Aug. 10 and a warrant for his arrest was issued. The warrant was recalled last week. Gaanser was self-represented.
Matthew E. Holmberg, 47, of Butte pleaded guilty, by waiver, to a complaint amended from reckless driving, a Class 3 misdemeanor, to careless driving, an infraction committed July 20. He was fined $100 with $49 costs.
Cody Campbell, 26, of O’Neill pleaded guilty, by waiver, to a violation of farm registration use (farm plates on commercial lawn business vehicle) and a commercial motor vehicle brake violation (no working trailer brakes). He was fined $100 and $50 and taxed $49 costs for the Sept. 15 offenses.
William J. Deane, 65, of Page pleaded guilty to a Page village code violation, failure to correct nuisance. He was fined $50 and $49 costs. Deane had previously pleaded not guilty to the June 15 complaint and was scheduled for trial Sept. 21. He filed the waiver Sept. 20.
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