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Cass County Courthouse photo

PLATTSMOUTH – A man who passed out in the drive-through lane of a Plattsmouth restaurant learned Monday morning that he would receive jail time and probation for the offense.

Omaha resident Jeffrey I. Marlowe, 28, appeared in Cass County District Court for a sentencing hearing. He pled guilty in May to one Class W misdemeanor charge of driving under the influence of alcohol-third offense.

Marlowe also admitted in May that he had two prior DUI offenses in his criminal history. The first conviction took place in June 2013 in Sarpy County. The second conviction happened in July 2015 in Douglas County.

Marlowe pulled into the drive-through lane of the KFC/Taco Bell restaurant at 6:30 p.m. Jan. 7. He then passed out behind the wheel with the engine running. The car was sitting in the drive-through lane of the restaurant at the time.

Local residents called Plattsmouth police when they saw Marlowe slumped in the driver’s seat of his car. A Plattsmouth police officer and Cass County Sheriff’s Office deputy arrived at the scene and had difficulty getting Marlowe to wake up and respond.

Authorities said Marlowe was unsteady on his feet and dropped his keys when he exited his car. They also smelled a strong odor of alcohol from his breath. He was arrested and transported to Cass County Jail after showing signs of impairment on several field-sobriety tests. A chemical breath test conducted at Cass County Jail revealed a blood-alcohol content level of .174.

Deputy County Attorney Steven Sunde told the court Monday he was concerned about Marlowe’s actions during the incident. He said Marlowe had returned home after drinking but decided to go back out and drive because he was hungry. Sunde said Marlowe then gave a poor performance on the field-sobriety exams.

“He didn’t just fail these tests, he failed them in a big way,” Sunde said.

Sunde said the state recognized Marlowe had made positive strides since the time of his arrest. Marlowe recently completed an intensive outpatient treatment program and has been participating in aftercare sessions. He has also remained employed.

Sunde asked the court to revoke Marlowe’s driver’s license for a term of 15 years. He also asked the court to impose many alcohol-treatment clauses in any potential probation sentence.

Defense attorney Gary Ryan told the court his client had been doing well in his recovery from alcohol addiction prior to the incident. He also said Marlowe had taken a number of substantial steps forward in the past seven months.

Judge Michael Smith told Marlowe he had deliberated for a long time about what sentence he would impose. He said he was concerned because Marlowe had placed other members of the public in danger by driving. He also said Marlowe had showed the initiative to take action and address many of his issues with alcohol.

Smith ordered Marlowe to serve 24 months on probation. He must pay a $1,000 fine, abstain from alcohol and drugs and attend a Mothers Against Drunk Driving victim impact panel. His driver’s license will also be revoked for 15 years. He will be allowed to obtain an ignition interlock device after 45 days.

Marlowe will also spend 30 days in Cass County Jail. Smith ordered him to serve ten consecutive weekends beginning July 13.

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