An off-duty Nevada Highway Patrol sergeant was sentenced Thursday to two days in Douglas County Jail or 10 days house arrest after he was found guilty of driving under the influence stemming from a June 1 motorcycle accident.
Norman Richard Bailey, 38, of Carson City, was sentenced following a half-day trial before East Fork Justice Jim EnEarl.
EnEarl fined Bailey $692 which must be paid by Oct. 8 and ordered him to attend the Victim's Impact Panel on Nov. 6 and complete a class for people convicted of driving under the influence within 60 days.
If Bailey elects house arrest, he must be confined for 10 days and pay supervisory fees.
A charge of driving with a blood-alcohol content of .08 or greater was dismissed.
According to court reports, Bailey said he was heading north on Jacks Valley Road from Genoa when he evaded a red pickup stopped in the eastbound travel lane. Bailey went off the road and laid the motorcycle down. He received minor injuries and refused medical treatment at the scene.
Deputies found Bailey's motorcycle on its side and another motorcycle parked down the road. Bailey was taken into custody after deputies smelled alcohol.
A preliminary test indicated a blood-alcohol content of .17, nearly twice the legal limit of .08 for driving in Nevada, according to court documents.
Bailey reportedly told the arresting officer he had one beer at the Genoa Bar before the 4 p.m. accident.
Originally, he asked the deputy not to test him, according to reports, but was cooperative.
Bailey is an 11-year veteran of the highway patrol.
His commanding officer, Maj. Tony Almaraz, said Monday that Bailey would remain on administrative duty pending the outcome of an administrative investigation.
"He's not on the road," Almaraz said.
"We, as the division of the Highway Patrol that enforces that very serious law, consider it unacceptable," Almaraz said. "It's certainly embarrassing for the department."
Almaraz said the administrative investigation had to wait for judicial outcome before proceeding.
"Now that has been adjudicated, we can finish up with that process," he said.
He said he was bound by confidentiality and Bailey's right to due process as a state employee as to the action that might be taken.
"We look at the violation, how it pertains to scope of his employment and how it is related to the Nevada Administrative Code and our policies," Almaraz said.
