Local man gets year in Cottonwood for DUI

March 8, 2011

Jose G. Luna, 40, Bonners Ferry, will serve a 365-day rider in the Idaho Department of Corrections facility in Cottonwood after pleading guilty felony DUI.

 

He was sentenced last week by Judge Steve Verby to two to four years in prison, with that sentenced suspended and jurisdiction retained, meaning that after a year in Cottonwood, he'll return to the Boundary County District Court, at which time he could be placed on probation.

 

According to court records, Bonners Ferry Police Officer Don Moore spotted a Toyota pickup travelling about 35 miles-per-hour on Kaniksu Street at 10:52 a.m. January 22, a street zoned 20, carrying an unsecure load and with the rear license plate obscured by the tailgate. Moore pulled it over and found Luna behind the wheel, intoxicated.

 

Moore knew Luna, having arrested him on the same charge in 2009, Luna's third DUI since 2004.

 

Luna, who had a blood alcohol reading of .159 at the time of his arrest, had his nine year old son in the vehicle. In addition to the felony DUI, he was also charged with injury to a child, possessing a cancelled drivers license and driving with an invalid license, all misdemeanors.

 

Those charges were dropped in a plea agreement.

 

If Luna fails to meet the sentencing conditions or fails to meet the expectations of Department of Corrections staff, he could be remanded to complete the suspended prison term.