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Cass County Courthouse photo

PLATTSMOUTH – An Omaha man who was weaving his car across the center line on a Cass County highway earlier this spring admitted Monday he had violated the law.

Neil R. Devorss, 29, appeared in Cass County District Court for a plea hearing. He pled guilty to one Class IIIA felony charge of refusal to submit to a chemical test-third offense.

The state agreed to dismiss three additional charges in exchange for his plea. These included a Class IIIA felony of driving under the influence of alcohol-third offense, a Class I misdemeanor of false reporting and a Class V misdemeanor of refusal to submit to a pretest.

Deputy County Attorney Steven Sunde told the court a Cass County Sheriff’s Office deputy received a report of an erratic driver at 10:45 p.m. April 7. A caller told emergency dispatchers they had viewed a car weaving along the northbound lane of Highway 75. The car had crossed the center line several times and had gone into the southbound lane of the highway.

The deputy spotted the car and pulled it over on the shoulder of Highway 75. The deputy learned Devorss was the driver of the vehicle. Sunde said the deputy smelled a strong odor of alcohol when he tried to speak with Devorss. The deputy noted Devorss was unable to keep track of their conversation and had slurred speech.

Devorss was arrested after he refused to take a preliminary breath test at the scene. He was transported to Cass County Jail and was booked on suspicion of driving under the influence of alcohol. Jail employees asked Devorss multiple times to take a chemical breath test. He refused to use the breathalyzer each time.

Devorss had been arrested twice in Lancaster County on DUI charges. Both incidents took place in 2009. He had refused to submit to required breath tests each time.

Devorss remains free on bond. Judge Michael Smith ordered Devorss to obtain a chemical dependency evaluation before his sentencing hearing. Smith set a sentencing date of Nov. 25.

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