Las Vegas Sun

November 28, 2009

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Third DUI earnes Carson City offender 2-6 years

Thursday, June 22, 2000 | 1:44 a.m.

And while James Richard Schmidt, 44, was not eligible for a stiffer sentence this time, a judge could declare him habitual criminal if he is convicted of another felony.

Schmidt's guilty plea was his third felony DUI.

Declaring him a habitual criminal could add 5-20 years to a new prison sentence.

In addition to a sentence of 28-72 months in prison, Schmidt was fined $2,000.

Schmidt was stopped early on Feb. 2 by a Nevada Highway Patrol trooper who noticed him weaving between lanes and following another car too closely.

Tests of Schmidt's blood showed an alcohol level of 0.288, nearly three times Nevada's legal limit of 0.1.

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