District Judge Dave Gamble reinstated probation for a South Lake Tahoe man who said he resisted the temptation to use methamphetamine but admitted drinking alcohol.
Joshua Roy, 23, must serve a 30-day jail sentence stemming from his arrest Feb. 3 in a bar where deputies found him drinking in violation of his probation.
He pleaded guilty to possession of a controlled substance for sale stemming from a September arrest at Lake Tahoe.
According to the police report, Roy told officers he didn't know he was forbidden to drink alcohol while on probation.
"You may think I just sit up here and dither around week after week," Gamble said. "I don't."
Roy said he completed substance abuse treatment and was able to resist two offers for methamphetamine.
"I think you better keep an eye out for that substitution problem," Gamble said.
Roy's lawyer, Terri Roeser, said her client had gained 45 pounds since he stopped using methamphetamine.
"I see a great deal of progress," she said.
Roy admitted that drinking alcohol could lead him to relapse with methamphetamine.
Gamble gave Roy credit for 11 days time served in Douglas County Jail.
n A 39-year-old man with five probation violations was sent to prison Tuesday.
"You can't come back here five times and ask me for another chance," District Judge Dave Gamble told Todd C. Terll.
He revoked Terll's probation and ordered him to serve an 18-to-48-month sentence on a bad check charge stemming from 2002.
Terll was arrested for drunk driving after an accident.
He told Gamble he had been clean and sober for 18 months.
He said he gave a co-worker a ride home and drank "three or four beers" at the man's house.
On the way to his house, Terll said the vehicle skidded on a patch of ice and hit the center divider.
"I made a mistake," Terll said.
His lawyer, Terri Roeser, said her client had successfully completed drug court and was attending 12-step programs.
"I want you to remember those four beers for the rest of your life," Gamble said.
