McCook man's DUI conviction ordered vacated

McCOOK, Neb. -- A McCook man arrested in 2012 on multiple charges, including resisting arrest and driving with a blood alcohol content nearly triple the legal limit, had the subsequent DUI (.14) conviction vacated from his record recently. The conviction against the former DUI offender, 22-year-old Brandon J. Storrs of 39117 County Road 712 in McCook, was "vacated and set aside" during a June 24 hearing in Red Willow County Court.

The ruling by Red Willow County Court Judge Anne Paine came four days after Storrs filed a request to vacate the DUI conviction. Storrs' request stated he had served his probation sentence satisfactorily, had no further contact with the criminal justice system and remained gainfully employed since the conviction.

Judge Paine's ruling ordered "all civil disabilities and disqualifications imposed as a result of the conviction be removed."

Storrs originally was arrested by the Nebraska State Patrol in January 2012 and cited with DUI (.21); refusing a preliminary breath test; minor in possession of alcohol; failure to obey a lawful order; resisting arrest; possessing an open alcohol container; and speeding 38 mph in a 30 mph zone, following a 1:25 a.m. traffic stop near the intersection of West 10th and B Street in McCook.

Red Willow County Attorney Paul Wood did not pursue the offenses of resisting arrest or failure to obey a lawful order and subsequently offered Storrs a plea agreement dismissing the speeding, open alcohol container and refuse PBT offenses, in addition to reducing the drunk driving offense to one with a blood alcohol content less than .14.

Storrs was ordered to serve 18 months probation, pay a $400 fine and his driver's license was revoked for 60 days during a July 2012 sentencing hearing. The probation sentence should have ended in January 2014.