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High court gets tough on DUI

Friday, Oct. 7, 2005 | 7:13 a.m.

CARSON CITY -- The Nevada Supreme Court on Thursday ruled in favor of giving repeat drunken drivers tougher prison sentences.

The court struck down the challenge of Philip S. Lader, who was convicted three times of felony drunken driving within a seven-year period in Reno. The third conviction carries a mandatory prison term of one to six years.

District Judge Jerome Polaha declared Lader a habitual criminal and sentenced him to eight to 20 years in prison.

Lader, in his appeal, complained the judge was improperly "stacking" the prison terms. He argued the law says the third felony DUI in seven years sets forth the penalty of one to six years, and he can't be judged a habitual criminal at the same time.

The court, in a decision written by Justice Jim Hardesty, said designating a person as a habitual criminal was intended to increase and supersede the punishment a repeat offender would otherwise face.

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