Lake County District Court news for July 27, 2011
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Judge C.B. McNeil dealt with the following cases Wednesday, July 20:
Steven Scholten, 42, Charlo, was sentenced to the Department of Corrections for 13 months, followed by two years in the DOC, suspended, per recommendations with his plea agreement.
According to court records, charges stem from a January 8 incident following a 911 call stating a teal-colored Jeep was driving all over the road and traveling south on Highway 93 through Ronan. A Ronan police officer observed the Jeep having a difficult time maintaining his lane, and pulled over the Jeep, driven by Scholten, in the Town Pump parking lot.
The officer noted Scholten had slurred speech, difficulty maintaining his balance, and noted the smell of marijuana in the Jeep. Results of an HGN test indicated Scholten was under the influence, and results of a breath test showed Scholten’s blood alcohol level at .180. During this processing, Scholten admitted drinking four or five beers and smoking marijuana.
Scholten did not have a Montana driver’s license, and his record showed three prior DUI convictions in Michigan.
Deidre Bush, 30, Polson, in a change of plea admitted committing the offenses of criminal endangerment, a felony; driving with excessive alcohol concentration, a misdemeanor; and violation of child restraint law, a misdemeanor. The court accepted the plea and plea agreement and found Bush guilty. A PSI was ordered and sentencing set for Wednesday, Aug. 24 at 9 a.m.
According to court documents, charges stem from a February 2 incident where a bartender in Polson called dispatch to let them know that a woman, who had been drinking at the bar for two hours and “acting buzzed,” was driving out of the parking lot with a very small child in her lap. The child allegedly had been left in the vehicle while Bush was in the bar, and the outside temperature was about 10 degrees Fahrenheit at the time.
When a Polson police officer located the car and pulled it over, he noted smoke in the car with a strong odor of marijuana, and Bush also showed signs of intoxication. The officer found a glass pipe — generally used to consume marijuana — on the floor in front of the 17-month-old child, who was standing unrestrained in his car seat.
Bush was arrested and taken to Lake County Detention Center for further tests. A breath sample reported Bush’s alcohol concentration was .136 percent.
A video from the lounge showed that Bush was in the bar drinking for two hours and 20 minutes, and at one point went outside to her car and looked into the driver’s side window before returning to the bar.
Brian Keith Viles, 47, Ronan, had his suspended sentence for driving under the influence of alcohol or drugs (fourth or subsequent) revoked for violating terms of his probation. Viles was sentenced to the Department of Corrections for three years, plus time remaining on a previous 13-month commitment, with none of that time suspended.
According to court documents, charges stem from a January 2010 incident where Viles crashed on Montana Highway 35 near mile marker 25. When officers arrived, Viles showed signs of intoxication. He was arrested and a breath test sample registered Vile’s blood alcohol concentration at .166 percent. Then on June 26, Viles was arrested for walking on the pavement in Missoula while intoxicated. After an initial warning, he was later booked for disorderly conduct and intoxicated pedestrian, both misdemeanors. The following day Viles pleaded guilty to both offenses, admitting a violation of his terms of parole and probation.
Judge Deborah Kim Christopher dealt with the following cases Thursday, July 21:
Brook Anna Hovland-Burrington, 29, Polson, admitted committing the offense of driving under the influence of alcohol or drugs, a felony. The court accepted the plea and found Hovland-Burrington guilty. A PSI was ordered and sentencing set for Thursday, Aug. 25 at 9 a.m.
According to court documents, charges stem from an April 13 incident where a Montana Highway Patrol trooper responded to a report of a driver driving southbound on Highway 93 into oncoming traffic and forcing vehicles off of the road. He located the vehicle north of Polson and observed her cross the highway centerline and drive into oncoming traffic around a blind curve. The trooper estimated the driver’s speed at 100 mph and pulled the driver, Hovland-Burrington, over into the parking area of Jette Store. Her license plate matched the one reported earlier.
As Hovland-Burrington dug through her purse for documents, the trooper observed a half empty bottle of vodka in her purse, and could smell alcohol on her breath. Hovland-Burrington had difficulty performing field sobriety tests and refused to submit to a breath sample. Dispatch informed the trooper that Hovland-Burrington’s license was suspended and she was a habitual traffic offender. She was transported to the Lake County Detention Center for further processing, where she provided a breath sample that registered .326 percent. During an interview with the trooper, she stated that she was under the influence of alcohol, she had been drinking vodka, and she was driving to Kalispell. She said she made it as far as Big Arm but decided it was not a good idea and turned around to drive home to Polson because she was driving bad and could have harmed herself or someone else.
Hovland-Burrington’s driving record shows at least three prior convictions for driving under the influence of alcohol or drugs.
Joseph Cahoon, 50, Pablo, was committed to the Department of Corrections for three years, all suspended, for criminal endangerment, a felony — with the following conditions: Cahoon will be sentenced to 30 days in Lake County Jail. If he successfully completes a 30-day inpatient treatment program and follows all recommendations, the 30 days of jail will be suspended.
According to court documents, charges stem from a March 26 incident where a tribal officer saw Cahoon driving past the intersection of Hummingbird Lane and Timberlane Road in Ronan. Because the officer believed Cahoon’s license was suspended, he followed Cahoon, watched Cahoon cross over the center of the road twice, and then pulled Cahoon over. The officer noted that Cahoon’s eyes were glossy and red, and his breath smelled of an alcoholic beverage. Cahoon told the officer he did not drive across the center line, to which the officer replied that there is no center line on that street, and he had not yet informed Cahoon that he’d seen him cross over the center of the road.
A search of Cahoon’s driving record revealed three prior DUI convictions, and that Cahoon’s license was indeed suspended.
Gerald Sharp, Jr., 44, Pablo, admitted committing an amended offense of driving under the influence of alcohol or drugs, a felony. The court accepted the plea and found Sharp guilty. Sharp also had a previously suspended sentence for DUI revoked for violating terms of probation. A PSI was ordered and sentencing set for Thursday, Sept. 29 at 9 a.m.
According to court documents, recent charges stem from a March 13 incident where a Flathead Tribal police officer pulled Sharp while Sharp was driving intoxicated. Records showed Sharp had five previous DUI convictions and had never been placed in a treatment program.
