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White Pleads Guilty To Third-Offense DUI

By Staff | May 5, 2009

A Paden City man was placed on one year home confinement April 27 after pleading guilty to third-offense driving under the influence of alcohol.

Joseph Steven White, 27, of 326 North Seventh Ave., entered into a plea agreement before Judge David Hummel Jr. This offense is to have occurred on Oct. 19, 2008. White also has a past history of DUIs on Nov. 21, 2000, and on Feb. 28, 2007.

Wetzel County Prosecutor Timothy Haught told the court that on Oct. 19, 2008, Corporal Roger Spragg of the Wetzel County Sheriff’s Office noticed White was traveling over the speed limit between New Martinsville and Paden City. Spragg made a traffic stop and while talking to White, noticed he had an alcohol odor and slurred speech. He was then given the sobriety test, failed, and then was transported to the New Martinsville Police Station where a breathalizer tested showed his blood alcohol content was 0.114.

Judge Hummel asked White what, in his opinion, he had done wrong that day. White said, “I was driving under the influence.”

Hummel told the court that the stated penalty for third-offense DUI is no less than one nor no more than three years in the West Virginia Penitentiary for Men. Hummel accepted the plea agreement and sentenced him one to three years, but suspended it and placed him on home confinement with the ability to be paroled after one year.

“Its a privilege, don’t violate it,” said Hummel, who warned that if home confinement is violated, there will be a hearing.

White was ordered to pay all attorney fees. Hummel then asked about his work history and White told him he was employed. Hummel granted a work release, but he was to report to a home confinement officer immediately.

Also in court April 27, Keith O. Streets, 32, of P. O. Box 192, Pine Grove, pleaded guilty to unlawful assault and was sentenced to no less than one year and no more than five years in the West Virginia Penitentiary for Men.

Unlawful assault was a lesser and included offense from his indictment on one felony count of malicious assault alleging that on Aug. 30, 2008 at the AAA trailer court in New Martinsville, he did cause bodily injury to John M. Weaver.

A rule 35 motion for sentence modification can be filed by Streets’ attorney and Hummel said he would consider it after Streets serves seven months.

Restitution will be deferred at a later date. Streets is to self report in seven days by noon to the Northern Regional Jail.

Finally, Mikeal James Craft, 20, of P.O. Box 58, Wileyville, appeared with his attorney, Jeremiah Gardner, on a motion to revoke his supervised probation. Craft was placed on two years supervised probation on Feb. 27, 2008, after he pleaded guilty to joyriding.

Both Gardner and Haught approached the bench for discussion with Judge Hummel. Prosecutor Haught later told the court that the state moves to continue the case and it was granted.

Prosecutor Haught called Probation Officer John Lantz to the witness stand.

Lantz told the court that in September 2008 they were trying to find where Craft was. Lantz then told the court that on Oct. 31, 2008, Craft reported in person and had to submit to a random drug testing with results coming back back with marijuana and prescription drugs in his system.

Lantz then told Judge Hummel that the address listed with him was not where he could be located and law enforcement was called out to find him, which they did in Wallace, W.Va.

Hummel set his bond for $10,000, told him to stay in contact with his attorney, and report back to court on April 27 at 9:15 a.m.