5th DWI?! Judge West Says TOO LATE

Hinzugefügt: 2026-06-07

[00:00:00]The time for treatment was before your fifth DWI.

[00:00:03]>> I agree.

[00:00:04]>> You know. All right. Sir, are you Dustin Drake?

[00:00:06]>> Yes, ma'am.

[00:00:07]>> And Mr. Drake was previously in court.

[00:00:09]You entered a plea of guilty to driving while intoxicated third or more. I've received the pre-sentence report. Has everyone had an opportunity to review that report?

[00:00:17]>> We have and we have no >> Yes, we review it.

[00:00:21]>> And there was no agreement. Mr. um Lane, you may proceed.

[00:00:27]>> Thank you.

[00:00:28]Um, I guess in situations like this, the PSI pretty much laid it out.

[00:00:36]So, I don't know if Mr. Drake can be any more sincere than he was. I think the PSI officer got that from him. His most of his allegations were DWIs. After this allegation, we know he entered treatment. He went through almost 18 months worth of treatment. um he stayed sober, he's gainfully employed, he's moving forward, he knows that the court um has a tough decision. I don't I think he said it best in the recommendation where he was. I think we he can be successful. His attitude's there. His groundwork is there. His mother's here.

[00:01:20]The foundation is all there to be successful.

[00:01:26]Mr. um Nichols, >> Judge, this is his fifth DWI conviction, not not counting to dismiss someone along the way. Um I left when we when we formulated this plea offer, I left it as a count one plea uh to limit some exposure, but I think I think the pen time is where we're at. I get and I I'm glad that there's what appears to be sincere uh attempts at getting getting treatment and doing all that, but the fact is this is he hit a he hit a car this night. He was 27. Um luckily there no one else was was hurt. Um and I I just can't fathom let him back out on the road.

[00:02:16]So, I would urge the court to exercise the full 10 years.

[00:02:22]>> Uh, Mr. Drake, other than what's in the PSI that you stated, do you have anything else to add?

[00:02:27]>> No, I just uh I really apologize for what I did. I know it was wrong. Uh, I am an alcoholic and I do believe I can finish the probation.

[00:02:39]I'm not going to sit here and make excuses for my actions because there are my record speaks for itself.

[00:02:45]>> I'm embarrassed and saying >> and and I appreciate that and I appreciate you not trying to make excuses. It's and I appreciate that you've gotten treatment. The time for treatment was before your fifth DWI. I >> you know you've had every opportunity since it looks like 05 19 2021 well 09 then 10 maybe.

[00:03:22]Anyway, I guess part of what I'm looking at right now is that there hasn't been there was a short probation from Louisiana some years back six months but other than that there's never And you've just gotten time, correct?

[00:04:20]>> Yes, ma'am.

[00:04:33]Okay, here's what I'm going to do, Mr. Drake. And I hope I hope you take advantage of what I'm about to do. um just based on several of the factors, the age of some of the history, uh the fact that you've gone into treatment um already. I'm going to give you an opportunity, but you're not going home today. Um so, here's what's going to happen. I'm going to find that you uh entered your plea of guilty freely and voluntarily, find sufficient evidence to find you guilty, and at this time find you guilty, sentence you to a term of 10 years in prison, but I'm going to probate that. you'll be on probation for 10 years. I'm ordering that you pay a $2,000 fine and I'm ordering that you follow all of the rules and conditions of probation. The first one of those conditions is that you're going to enter and successfully complete the safety program. It's a six-month in custody program. Uh it's the longest and best we have and so at least that gives me some uh knowledge that you have some further treatment and some long-term treatment.

[00:05:41]When you're released, you will go through the JCDI program as your outpatient follow-up care, uh, which is an intensive outpatient treatment. Um, you will be required, uh, to have an auto ignition interlock device on any vehicle that you drive. Um, I'm also going to order at least for some amount of time at the uh, I don't know how long, but you will be ordered to wear a scram device as well. That is a device that is on your body that shows if there's any alcohol in your body. If there is a positive sip of alcohol, your probation is going to be revoked and you're going to be facing that 10 years that I just gave you. So, I didn't give you up to 10 years. I just gave you 10 years in prison. If you violate this probation, don't come in and start negotiation for something less. It's 10 years. Do you understand? Um, so you'll have the scram, the auto ignition, safety, JCDI, um, and all the any other, uh, conditions that probation deems would be, um, important for, uh, you to be successful. Um, so this wasn't an agreement. Uh, you do have some rights to appeal. I'm handing you the trial court certification. Uh, well, it shows that y'all waved the right to appeal on this.

[00:06:56]>> That was because we did have an agreement. Count one, you're correct.

[00:06:59]So, you have weighed your right to appeal uh because the state made that concession that they um went forward on count one only. Um I've also handed you the trial court certification that or admonishment that shows that uh this was uh I'm sorry that because of the judgment entered against you, you're ineligible uh to possess a firearm or ammunition. Um possession of a firearm or ammunition could lead to charges against you. Firearm is a legal term.

[00:07:26]You should read the written admonishment I provided you to see what devices qualify as a firearm. If you have questions about the laws that make you ineligible to possess a firearm or ammunition or about how long that lasts, you can talk with Mr. Lane. Um as it also um obviously you're going into custody, but I am ordering as a condition of that probation is mandatory 10 days upfront time. So you'll get that credit while you're waiting on safety.

[00:07:49]>> All right. You can go back with the baift. We can go with the baift.

[00:07:54]>> Thank you.

[00:07:54]>> Yes, sir.