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Witness stops drunk driver, removes keys

An O’Neill man, whose blood alcohol content measured more than .26 grams per 210 liters when he was booked for DUI and five other offenses last November, was sentenced last week in the Holt County courtroom in O’Neill.

Buenaventura Solano, 34, faced the Honorable Kale Burdick on April 18 for arraignment on the six counts. Pursuant to a plea agreement with Holt County attorney Brent Kelly, Solano pleaded guilty to four counts, Count I, driving under the influence of alcohol, (+.15), a Class W misdemeanor; Count III, no operator’s license, a Class 3 misdemeanor; Count V, no proof of financial responsibility, a Class 2 misdemeanor; and Count VI, leave scene of property-damage accident, a Class 2 misdemeanor. In exchange, Kelly dismissed Count II, refusal to submit to pretest, and Count IV, willful reckless driving, and agreed not to seek restitution for damage to another person’s vehicle and not to object to probation.

Burdick sentenced Solano to a nine-month term of probation, a $500 fine, two days in the county jail and one-year revocation of his driver’s license for Count I and fines of $75, $250 and $100 for counts III, V and VI, respectively. He was also ordered to pay $246.35 restitution to Jeff Manoucheri for a mailbox on Count VI, taxed $50 costs and $300 probation-related fees. The jail sentence was suspended until April 24, with credit given for one day previously served.

Solano was arrested Nov. 24, 2022, after a private citizen stopped his vehicle by blocking the street with her vehicle, when she observed the vehicle “swerving all over the road.” The witness, who indicated she believed he was intoxicated, also removed the keys from Solano’s vehicle. According to an affidavit filed by the arresting officer, Solano was unsuccessful at four attempts to provide a preliminary breath test and some field sobriety tests were not conducted due to his balance difficulty. Datamaster chemical test result was .262 at the Holt County Jail.

Solano was represented by Holt County public defender Rod Smith.

Edwin D. Burival II, 20, of O’Neill pleaded guilty, by waiver, to a Class 5 misdemeanor, use of tobacco by a minor, committed Jan. 29. He was fined $35 and $49 costs.

 

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