Drunk driver gets jail, two years probation

Published 8:00 am Tuesday, September 29, 2015

Dodge sentenced 64-year-old Dale Junior Irving to 30 days in jail and two years of probation during his sentencing hearing Friday morning at the county courthouse in Cassopolis, for a single charge of operating while intoxicated.

Dale Junior Irving

Dale Junior Irving

As part of his sentence, Irving will be entered into the state’s Swift and Sure probation program, which will include frequent drug and alcohol monitoring, as well as a mandatory 90-day stint on a Secure Continuous Remote Alcohol Monitor tether.

Irving had previously pleaded guilty to the OWI charge back on Aug. 31.

The drunk driving count follows the man’s arrest, which took place on May 30 on Penn Road in Cassopolis. An officer with the Michigan State Police stopped Irving’s vehicle after the trooper had observed the man’s erratic driving, which included him crossing the centerline and traveling on the opposite side of the road, Dodge said.

“After the stop, he discovered you were intoxicated, and your driver’s license was suspended,” Dodge said. “That’s two reasons you had no reason being behind the wheel of a car.”

A preliminary Breathalyzer test administered by the officer showed that Irving had a .17 percent blood-alcohol level, over twice the legal limit, Dodge said. A later blood test confirmed Irving’s intoxication.

The Cassopolis man has become a frequent visitor of the criminal system, with 14 felony and 14 misdemeanor convictions on his prior record, Dodge said. Half of those convictions were for drunk driving — and many of them resulted in Irving being sent away to prison.

“To say your past criminal record is bad is putting it mildly,” Dodge said. “It’s horrible…it’s appalling.”

Due to the risk that the defendant’s frequent drunk driving behavior presents to the public, Cass County Prosecutor Victor Fitz argued that Irving’s actions warranted yet another stint behind the bars of a Michigan penitentiary cell.

“The sober reality here is that no one gets hurt when this defendant is in prison,” Fitz said.

While acknowledging his client’s poor record, Irving’s attorney, Gregory Feldman, pointed out that no one was injured as a result of his drunk driving this past spring. The lawyer suggested that the judge accept his client’s recommendation into the Swift and Sure program, where he can receive the opportunity to get assistance with his drinking problems.

“I’m hopeful he can follow the recommendations,” Feldman said. “I know he was the will to do it, he just needs to make sure that it happens.”

The judge decided to admit Irving into the probation program, but warned him that violating the terms and turning back to the bottle would result in a lengthy prison sentence.

“If you’re ever going to get yourself straightened out, now has got to be the time,” Dodge said.

Irving was given credit for four days already served.