Created on Tuesday, 02 July 2013 Written by NATE SMITH
Kathleen M. Powell won’t begin serving a local jail sentence for her fourth drunk driving conviction until after she’s sentenced in Delaware County later this week on her third DUI.
The 53-year-old Marysville woman was sentenced Monday before Logan County Common Pleas Court Judge Mark S. O’Connor to 60 days in Logan County Jail, five years’ community control, a three-year driver’s license suspension and ordered to pay a $1,350 fine and court costs for operating a motor vehicle under the influence of alcohol and/or drugs, a fourth-degree felony.
Ms. Powell must also undergo drug and alcohol counseling. Any vehicle she drives must also be equipped with an interlock system that locks the steering wheel if she attempts to drive intoxicated.
She is to be sentenced Friday in Delaware Municipal Court on an unrelated drunk driving charge, and won’t report to local jail until Monday. Sentences on her third and fourth OVIs will run concurrently, according to a plea agreement in this case.
Money worries compelled Ms. Powell to drink and drive Jan. 31 and into the early morning hours of Feb. 1, said defense attorney Douglas Shaw, who has represented Ms. Powell in each of her three previous OVI cases.
“She didn’t handle the situation as a non-alcoholic would,” he said.
She crashed her car on County Road 10 near Township Road 180, while trying to get onto U.S. Route 33. Logan County Sheriff’s Deputies were notified of the crash by a resident in the 4300 block of T.R. 180 who reported Ms. Powell appeared intoxicated as she knocked at the front door seeking help with her disabled vehicle. The defendant was not lawfully driving that night.
She refused to take a breathalyzer test, a fact that would have increased the mandatory jail term to 120 days had prosecutors asserted that fact in a grand jury indictment. Because her refusal wasn’t spelled out in the indictment, she received the lesser minimum.
Pleading guilty Monday was Brad Doseck, 53, of Bellefontaine to breaking and entering. A presentence investigation was ordered and sentencing is scheduled for July 29.