At a recent court hearing in Winnemucca’s Sixth Judicial District Court, Jeff Brooks pleaded guilty to two felony driving under the influence (DUI) charges with two prior DUI convictions within seven years. Judge Michael Montero granted the diversion program, giving Brooks the chance to complete DUI court and probation rather than prison time.
One DUI charge was from December 2016, the other was from December 2017.
Attorney Kyle Swanson represented Brooks in both cases. During the sentencing hearing, Swanson called Brooks’ wife to the stand for questioning.
Mrs. Brooks said the couple had been married for 30 years and have three kids. She said her husband has battled alcoholism for an estimated 25 of the 30 years the couple had been married.
She said her husband had been to counseling throughout the years for alcohol issues and to try to reconcile his childhood trauma, with only one counselor seeming to be somewhat effective.
“If you don’t have that match and that comfort and trust, it doesn’t work,” she said.
During questioning, both Swanson and Montero asked Mrs. Brooks if she understood how rigorous the diversion program would be and the impact it will have on her life and that of her family. She acknowledged that she understood and that she was willing to do everything possible to make sure her husband doesn’t go to prison.
Swanson said evaluations indicated that Brooks has a problem with alcohol and issues from a childhood trauma.
“Mr. Brooks continues to rely on alcohol as a crutch as a way of softening the emotional trauma he has gone through, to escape what he has gone through in childhood,” said Swanson. “He wants to make a difference in his life. He wants to comply with all the conditions that this court imposes, no one wants to change more than Jeff Brooks, his wife is a close second.”
Swanson said Brooks is a valued employee who has worked in the mining industry for 30 years. He also said he thought Brooks would be a great candidate for the diversion program.
At the diversion eligibility hearing, Swanson said the court has proven that Brooks has had six DUIs in his life.
“This is a fine man when he’s sober, but he can’t yet find the power to stay away from alcohol, that’s what the treatment program is for,” said Swanson. “Unless he has extensive psychotherapy, it’s not going to stop.
Brooks was given a chance to speak on his own behalf regarding the application for diversion.
“I’m tired, I’ve never been able to kick this thing and I have a serious problem and need serious help,” admitted Brooks. “I would rather spend my time productively rather than just sitting in a cell.”
“You may have been fortunate so far that no one was hurt, we play a risky game here,” said Montero. “But I do concur with the experts and the argument that the likelihood of you being a successful father, husband, member of this community and employee is going to largely be depended on your ability to get some treatment.”
Brooks will be under house arrest and wear an ankle device that monitors his location and alcohol consumption to ensure compliance for a period of at least six months as part of his sentence.
“Should you get another DUI, you don’t get the benefit of a third, it’s a mandatory 2–15 month prison sentence, no other alternative,” said Montero.
The second condition of probation in relation to the diversion sentence is that should Brooks be given the opportunity to drive in the future, that a breath interlock device is installed in his car for up to a year after his license is reinstated.
Brooks was ordered to abstain from alcoholic beverages or any controlled substances, including over the counter medications that may contain alcohol, unless given a prescription and granted appropriate approval. He was ordered to complete the three-year DUI court program and five years total on probation. He must complete a victim impact panel and pay a $3 DNA assessment, $25 administrative assessment, $60 forensic fee, $35 civil penalty, $100 specialty court program fee and $750 fine with all listed fines being doubled as there were two counts of DUI.
With the diversion program, Brooks has the opportunity to avoid a 1-6 year prison sentence and a fine of up to $5,000 for each of the two category B felony charges, with no eligibility for probation.
