Fugate Sentenced For DUI Charge
Although Roosevelt County Attorney Frank A. Piocos was seeking a stiffer penalty, Jay Allen Fugate of Fairview must serve 30 days in the county jail and will be fined $1,000 for a driving while under the influence of intoxicants charge. Piocos noted that Fugate originally was facing a DUI felony charge for a fourth DUI offense, but some of the previous DUI convictions weren’t allowed to count due to constitutional reasons. If the charge was a felony, Piocos could seek to have Fugate spend five years with the Department of Corrections and complete a WATCh residential treatment program.
Piocos claimed that he has received dozens of phone calls from Roosevelt and Richland counties regarding Fugate driving even though his license was suspended. He said Fugate was nearly three times over the blood alcohol content at the time of the incident.
“Mr. Fugate is an absolute menace to roads,” Piocos said.
The county attorney was seeking a six-month jail sentence along with a $1,000 fine, jury costs and having a curfew.
Defense attorney Terrence Toavs recommended 24 hours in jail with six months suspended and for Fugate to pay and keep wearing a monitoring bracelet.
Toavs said that Fugate has been successful with being a taxpayer and a law-abiding citizen for most of his life.
The attorney noted that Fugate has taken responsibility for everything except for the charge that he was acquitted for in a jury trial.
“This is a wake-up call for me,” Fugate said. “I want to apologize to the family.”
District Judge David J. Cybulski said it was one of the biggest DUI-related crashes that he has seen. It was fortunate that there weren’t any serious injuries involved.
Cybulski sentenced Fugate to six months in the county jail with all but 30 days suspended. Fugate has up to a year to serve the time. He was also fined $1,000 and must pay jury costs as well as follow a curfew.
The judge noted that Fugate can’t be in bars. “I don’t care if it’s the only place in town with food, you will have to diet,” Cybulski said.
Fugate must continue to wear the monitoring bracelet during this time.
“I don’t want you to get in trouble again,” Cybulski said.
