District Judge Dave Gamble continued sentencing for one week for a 27-year-old California man who argued he should be able to participate in a diversion program to keep drunk drivers out of prison even though he lives out of state.
Steven Domingo, accused of four DUIs within five years, told District Judge Dave Gamble he didn't think he should be excluded from the 3-5-year diversion program because of his high number of driving under the influence arrests.
"I don't think it should be too late," Domingo said.
"Maybe it should be too late for the state to have to fix Mr. Domingo," Gamble said.
Domingo's attorney Kris Brown cited precedent where the Supreme Court ruled a person should not be excluded because their county didn't have the DUI diversion program.
She argued that Domingo could be supervised in California similar to the way misdemeanor DUI offenders are monitored under the state's 458 program.
The judge agreed with Brown's argument that her client's support system was in California along with a place to stay and job opportunities.
Prosecutor Laurie Trotter said with Domingo's record, he had ample opportunity to seek help.
She also pointed out he was a fugitive for two months after he failed to appear for a preliminary hearing.
"A 90-day, in-patient treatment program is not a substitute for the diversion program," she said. "People have a propensity to get in the car and drive drunk. It's a risk to the community. I don't think a loose type of supervision is appropriate. If you give him the diversion, make him do it in Nevada."
In the Nevada diversion program, the defendant, who pays all expenses, spends 3-5 years under close court supervision which includes six-months' house arrest, counseling and regular testing and appearances before a judge who monitors progress.
The alternative is prison for a third, felony DUI conviction in Nevada.
Gamble asked Brown to draw up a proposal for how Domingo's supervision might work. He asked Trotter to address any constitutional problem there might be in excluding nonresidents from a diversion program.
Domingo is in Douglas County Jail.
