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Multiple DUI conviction results in one-year jail sentence

Jake A. Winterburn, 42, of Meadow Grove has been sentenced to one year in the Holt County Jail in O’Neill for third-offense driving under the influence of alcohol.

Winterburn appeared for sentencing in front of the Honorable Mark Kozisec in the Holt County district courtroom Monday, Feb. 26. He was given credit for one day previously served. Assuming he loses no good time, he must serve 189 days before his mandatory release.

In addition to incarceration, Winterburn was fined $1,000 and assessed $147 costs of prosecution for the Class 3W misdemeanor. His driver’s license is suspended for 15 years, commencing Sept. 3. He will be allowed to apply for an ignition interlock permit after 45 days of no driving.

He was represented by Holt County public defender Rod Smith.

Winterburn, who had four previous DUI convictions, with another pending, along with a conviction of driving under suspension, pleaded guilty to the reduced charge Nov. 6, 2023, pursuant to a plea deal with Holt County prosecutor Brent Kelly. Kelly reduced the charge from fourth offense, high test, a Class 3A felony, to third offense, low test, a Class W misdemeanor, and dismissed a charge of driving during revocation, subsequent offense. Winterburn stipulated two previous convictions for enhancement purposes at sentencing.

Winterburn was arrested May 3, 2023, after he was involved in a hit-and-run accident in O’Neill. The accident investigation revealed that his driver’s license had been revoked two days earlier following a DUS arrest.

 

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