Holt County judge orders probation for drug, alcohol DUIs

Michelle J. Brigance, 42, of Atkinson appeared in the Holt County courtroom last week to be sentenced for crimes committed April 8, 2023, in O’Neill - Count I, driving under the influence of drugs, a Class W misdemeanor; Count II, refusal to submit to chemical test, a Class W misdemeanor; counts III and IV, possession of drug paraphernalia, infractions; count V, possession of open alcohol container, an infraction; and Count VI, display of fictitious plates, a Class 3 misdemeanor.

The Honorable Kale Burdick placed Brigance on a 12-month term of probation for counts I and II, including a $500 fine on each, payment of $390 in probation-related fees and 60-day revocation of her driver’s license; attend two AA meetings per week and obtain sponsor for same; successfully complete all recommendations contained in alcohol evaluation; and 24 days in the Holt County Jail, unless waived by the court.

She was fined $100 each on counts III and IV, $50 each on counts V and VI and taxed $105 costs of prosecution.

Brigance pleaded guilty to the charges Sept. 19, 2023, pursuant to a plea agreement with Holt County attorney Brent Kelly, who reduced Count I from DUI, drugs, second offense, a Class 1 misdemeanor. She was represented by Holt County public defender Rod Smith.

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Sydney M. Weber, 25, of Newport faced Burdick for sentencing on two counts committed Aug. 13, 2023.

Burdick fined Weber $300 for Count I, speeding (101 miles per hour). On Count II, DUI, alcohol, .15+, he ordered a 12-month term of probation, including two days in the Holt County Jail, with credit for one day previously served, a $500 fine, one-year driver’s license revocation, $390 in probation-related fees and $105 costs. Probation terms also include attending one AA meeting per week, obtaining a sponsor for same and successfully completing recommendations included in a chemical dependency evaluation.

Weber pleaded guilty to counts I and II on Feb. 6, per terms of a plea deal with Kelly, who agreed to dismiss Count III, reckless driving, and not oppose probation.

She was represented by Smith.

Weber was arrested Aug. 13 by a Holt County investigator who observed her speeding as she passed other vehicles on Highway 20, west of Stuart. He reported clocking her at 101 miles per hour.

She blew .284 in a preliminary breath test at the site and .233 in a subsequent Datamaster test when she was booked into the county jail, according to an arrest affidavit.