Plattsmouth woman sentenced to jail for DUI offense

2013-07-29T17:49:00Z 2013-07-29T17:53:05Z Plattsmouth woman sentenced to jail for DUI offenseBy Brent Hardin / Assistant Editor Fremont Tribune
July 29, 2013 5:49 pm  • 

PLATTSMOUTH – A Plattsmouth woman will spend time in Cass County Jail for driving under the influence of alcohol on Rock Bluff Road earlier this year.

Lisa A. Fencl, 35, appeared in Cass County District Court Monday for sentencing on a Class W misdemeanor charge of DUI-third offense. The state had originally charged her with a Class IIIA felony count of third-offense DUI-.15+ but prosecutors agreed to reduce it in exchange for a guilty plea.

Fencl was driving on Rock Bluff Road just after midnight Feb. 20 when her car went into a ditch. A passing motorist called Cass County Sheriff’s Office after noticing Fencl outside the car. A deputy then responded to the location.

The deputy saw Fencl kneeling outside the car trying to dislodge it from a rut. The car was shifted into park but the engine was running at the time. She told the deputy she had consumed a couple of beers before driving.

A chemical test taken later at Cass County Jail revealed a blood-alcohol content level of .227. Deputy Cass County Attorney Colin Palm said the deputy also found marijuana in Fencl’s vehicle.

Palm said he felt a jail term was appropriate because of Fencl’s history with DUI offenses. Her first two incidents both happened within a three-month span in early 2007. She was arrested for DUI in both March and May of that year in Pottawattamie County, Iowa. She was sentenced to 365 days of probation in those cases.

Fencl was arrested in Sarpy County five weeks before the Cass County incident took place this year. She was out on bond from Sarpy County at the time her car went into the Rock Bluff Road ditch.

Fencl was sentenced in the Sarpy County DUI case on Friday. She received 90 days in jail and had her driver’s license suspended for one year. She was transported from Sarpy County Jail to Plattsmouth for Monday’s Cass County hearing.

“The .227 blood-alcohol content level is concerning in and of itself, but it’s also concerning that there were two arrests for driving under the influence in such a short time span,” Palm said. “Hopefully she now realizes the gravity of the situation that she put herself in when she was on the road that night.”

Defense attorney Julie Bear said she felt Fencl was aware of the serious nature of the charge and had taken steps to improve her life. She said Fencl was currently in the after-care portion of a treatment program and had fully cooperated with authorities following her arrest.

“I don’t think there’s any question that she gets it,” Bear said. “She’s very remorseful about this.”

Judge Randall Rehmeier said the Sarpy County sentence and Fencl’s cooperative actions after her arrest were both factors in his decision. He ruled she would serve four months in Cass County Jail. She will receive credit for Cass County time while she completes her Sarpy County jail term.

Fencl must pay a $600 fine and pay all court costs within one year. She will also have her driver’s license revoked for 15 years. She will be able to apply for an ignition interlock device for her vehicle after 45 days.

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