No diversion program for drunk driver

District Judge Michael Gibbons refused a request for an alcohol treatment program Monday for a third-time drunk driver, and sentenced the 38-year-old Minden man to prison for four years.

"I think your drinking puts you and other people in danger," Gibbons told Clint Rogers. "I don't want to see you out on the road. You have got to quit drinking."

Gibbons denied Rogers' request that he participate in an intensive alcohol treatment program that involves in-patient treatment, house arrest, counseling and several other conditions in lieu of prison.

"You do not look like a good candidate," Gibbons said. "I don't trust you out there endangering the public right and left."

Rogers' lawyer, Tod Young, argued in favor of the program, saying his client would be subject to much more intense supervision and counseling and he would be required to pay for it.

"If you send him to prison, he'll spend a month in the 'fish tank,' be sent to the Southern Nevada DUI camp and be out on house arrest," Young said.

Rogers was arrested June 29 after he ran into a motorcyclist who was stopped for a traffic signal at Highway 395 and Jacks Valley Road. The cyclist was not seriously injured.

Rogers' blood-alcohol content was .17, nearly twice the legal limit of .08 for driving in Nevada, and he had traces of marijuana in his system.

Gibbons pointed to Rogers' prior convictions. In the first offense, he had a child in the vehicle and was involved in a noninjury accident. At the second arrest, he ran two stop signs.

Rogers also was arrested for drinking while he was on probation. He wasn't driving, but the incident violated the terms of his probation. He has been in Douglas County Jail.

He is eligible for parole in 12 months and received credit for 59 days in custody.

n A 38-year-old Gardnerville man pleaded no contest Monday to attempted lewdness with a child under age 14.

Edgardo Flores denied that he inappropriately touched a 5-year-old girl, but said he entered the plea because he believed a jury could convict him.

He could face up to 20 years in prison at his sentencing Dec. 1.

The district attorney's office agreed to recommend 10 years in Nevada State Prison with a minimum of four years before parole eligibility.

Flores is ineligible for probation unless a psycho-sexual evaluation determines he is not at risk to reoffend.

Flores must register as a sex offender and will be under lifetime supervision by the Department of Parole and Probation.