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Weissinger's DUI charge dismissed
Steve Timko
RENO GAZETTE-JOURNAL
2/25/2004 11:18 pm
A former Douglas County commissioner charged with driving under the influence of alcohol in Carson City while still an elected official had the DUI charge dismissed but pleaded guilty to careless driving.
Stephen Weissinger, 45, was due for trial Wednesday in Carson Justice Court stemming from his Aug. 23 arrest by a Nevada Highway Patrol trooper on suspicion of DUI and speeding on U.S. 395 between Stewart Street and Fairview Drive.
Weissingers DUI arrest came as he faced trial in El Dorado District Court on misdemeanor counts of embezzling money from the South Lake Tahoe Raleys, where he worked as assistant manager.
Weissinger pleaded no contest to two embezzlement counts in October and was sentenced to 10 days in jail. In November, he announced his resignation from his Douglas County seat effective Jan. 1.
Deputy District Attorney Matt Griffin last week asked Carson Justice of the Peace Robey Willis to dismiss the DUI charge.
Griffin said Wednesday there were problems during field sobriety tests the trooper used to justify checking Weissingers blood-alcohol content.
While administering a walk and turn test on Aug. 23, the trooper remembered that Weissinger lifted his arms from his side to balance himself, which was against the troopers directions. But the trooper couldnt remember how high Weissinger lifted his arms, Griffin wrote in his request to dismiss the charge.
The trooper was also unable to say if, during the one-leg stand, Weissinger stood on one leg for 30 seconds, saying only that Weissinger reached a count of 27 while standing on one foot before putting the other foot down, the motion said.
NHP standards require that a defendant raise his arms for balance at least 6 inches to fail the walk and turn test. The standards say that if someone stands on one leg for 30 seconds, that person passes the one-leg stand even if he doesnt count to 30, Griffin wrote.
Both the DUI and the speeding ticket were dismissed, but Weissinger pleaded guilty Feb. 19 to careless driving. Willis fined him $500 and ordered him to attend a panel in which victims describe the impact drunken drivers have had on their lives.
He was happy to get it over with, and he was happy it was a fair resolution, said Bill Cole, Weissingers lawyer.
Griffin said his office felt it was important Weissinger attend the victim impact panel.
Perhaps this part of the sentence would remind Mr. Weissinger the effects drunk driving will have by talking to these people, Griffin said.