DUI offender draws 2-day jail sentence

By Tim Olsen

November 21, 2008 | LOGAN -- Tuesday in 1st District Court, 41-year-old Joseph Clark pleaded guilty to a class A misdemeanor DUI charge.

The incident happened Oct. 10 when Clark was pulled over for speeding and failure to operate within a single lane. The police officer on the scene noticed the smell of alcohol and administered a field sobriety test. Clark failed the test and was administered a Breathalyzer test in which he blew a .146, .066 over the legal limit.

Judge Kevin K. Allen chastised Clark for driving under the influence, and reminded him of the dangers that come from making that decision. Clark promised that it would no happen again.

After some deliberation it was decided to move straight to sentencing rather than schedule another court date. The prosecution recommended that Clark spend two days in jail, pay a $1,300 fine, and have one year of probation.

Judge Allen accepted the recommendation after adding some stipulations of his own, including a "no alcohol clause," meaning Clark could not drink alcohol any time during his probation. Allen also required that Clark attend counseling at the Bear River Drug and Alcohol Clinic, completion of which could shorten his probation.

Clark's near spotless prior record played a role in keeping his punishment to a minimum, Allen said. Clark will report to the Cache County Jail at 7 p.m. on Dec. 5 to serve his two-day jail sentence.

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