Defendants seek new deferral sentence

Two Douglas County men pleaded guilty Monday to driving under the influence for the third time within seven years, hoping to be sentenced under Nevada's new law which would keep them out of prison.

Thomas J. Farrahy, 50, and Denny Green, 47, pleaded guilty to separate offenses in District Court before Senior Judge Robert Rose who was filling in for Judge Michael Gibbons.

Both men have two prior convictions for DUI which under Nevada law mandates at least one year in prison after the third offense.

Under a newly established deferral program included in Senate Bill 277, if the defendants are accepted, the third DUI may be treated as a second, thus avoiding prison.

The change was adopted by the 2007 Legislature.

The deferral spells out stringent conditions including successfully completing a minimum 3-year treatment program paid for by the defendant which includes six months of residential confinement. He must also install a device on his vehicle for one year which indicates whether he has been drinking or taking drugs.

If the defendant were convicted of another DUI, the offense will count as a third offense.

"This is the first instance where the statute is applied in this jurisdiction," said lawyer Tod Young who is representing Farrahy.

He said Farrahy was on a waiting list for a 30-day inpatient treatment program and asked for sentencing Oct. 29. He said Farrahy should be in the treatment program within two weeks.

The 30-day program would be in addition to any treatment ordered by the court under the deferral.

Denny Green, 47, is set for sentencing Oct. 1.

His lawyer, Derrick Lopez, said Green was on a waiting list, but had no set date.

Both men are in custody in Douglas County Jail.

Rose advised both men they faced up to six years in Nevada State Prison if they were rejected for the deferral.