A Moscow man was sentenced to a possible ten-year prison term after his eighth charge of driving under the influence.
Judge Scott Wayman exceeded sentencing recommendations to send Ted Bailey, age 48, to jail for a 2018 DUI in Benewah County. Bailey had an extensive record of drunk driving charges, including five felonies.
Bailey was arrested in Benewah County after a rollover accident near Plummer, which required local firefighters to respond with equipment to cut him and a passenger out of the vehicle. While both parties were uninjured, Bailey failed multiple sobriety tests and was determined to have been drunk.
During his arrest, he asked what his bond might be. The responding officer, Deputy Daniel McHenry, said that would depend partly on how many DUIs he’d had in the past. Bailey commented that he had “a lot of DUIs.”
In fact, this would be Bailey’s eighth DUI, and his fifth felony charge, alongside at least 18 misdemeanor charges for various offenses. Bailey had been released from prison following his felony DUI charges after completing rider programs.
In the most recent case, Benewah County Prosecutor Brian Thie recommended a new approach: that Bailey enter drug court with a ten-year fixed sentence, which would be imposed should he fail to complete it. In addition, he would be on supervised probation for a full ten years.
“He has done very well while he’s been on probation,” Mr. Thie said. “I believe drug court, with a very long period of probation, is a the appropriate course.”
Defense attorney Blaine Horrocks agreed with the recommendation, saying that Bailey had hit “rock bottom,” after the accident, had checked himself into the hospital for a detox program, and had since become a productive member of his community.
“I’ve been working really hard, and I’ve been over six months clean,” Mr. Bailey told the judge. “I did all the book work to get this going, and I’m prepared for my rider.”
Judge Wayman, however, decided that Bailey had been given enough chances. While acknowledging the support for him was encouraging, the judge said that he could not ignore Bailey’s eight prior DUIs.
“While I give consideration to the recommendation of the councils… I am not bound to follow it in this case,” he said. “You’ve reached the end of the road as far as protection of society is concerned. At some point, society demands that you be held accountable. At some point, you have to be deterred, lest you pose a risk to society.”
He sentenced Bailey to a combined term of ten years – two fixed and eight indeterminate. He was given credit for time served, and will be eligible for parole in 2021.