Sentencing for a 31-year-old Indian Hills man who admitted to felony driving under the influence will be Jan. 12.
Michael Brian Proctor asked to participate in a diversion program for repeat drunken driving offenders that would prevent him from going to prison for the 1-3 years being recommended by the prosecutor. The maximum sentence for third DUI is six years in prison.
Proctor was arrested on Aug. 1 at the intersection of Mica Drive and Highway 395 after he pulled out in front of another car and nearly caused an accident.
Proctor is facing trial on two domestic battery charges stemming from an Oct. 20 incident where he allegedly hit his girlfriend's 6-year-old son with a ketchup bottle during an argument.
Gamble set a $25,000 bail on the DUI case.