Nine Out of Eleven DUI Convictions Considered in Sentencing

Edsel C. Hess, 66, has been sentenced to 10 months in jail for what prosecutors contend was his 11^th DUI, while his defense argued that two of the 11 should be considered only as violations, as reported by the Leavenworth Times.

Nine of Hess' convictions were ultimately measured in handing down his sentence in Leavenworth County District Court on December 17.

His sentencing was for a July 6, 2009 accident in Leavenworth where Hess allegedly drove his car into another vehicle and then left the scene.

James Colgan, the defense attorney for Hess, argued that four of his client's DUI convictions in his criminal history shouldn't be considered.  He cited them in a pre-sentencing report. 

Of the violations Hess was cited for in Missouri - a state that handles DUI at the municipal court level and are not considered crimes - Colgan said, "Municipal violations are considered ordinance violations and a civil matter."

Rae Anderson, the Assistant District Attorney, argued that Hess's prior DUI convictions involved the same type of acts prohibited by the state of Kansas.

The District Judge, Gunnar Sundby, decided not to consider the two prior convictions.

Colgan also tried to have two other DUI convictions not considered, that took place in 1986 and 1991, because Kansas DUI laws were different then.  Anderson contended that the DUI laws were similar.

Sundby, in allowing for slight differences in the DUI laws over time, still believed they were close enough to take the two prior convictions into consideration.

Anderson said that regardless if Hess had nine or eleven DUI, he should still face the maximum sentencing of a year in prison.  Anderson continued by telling the judge that Hess had many DUI in the 1990s, with his last in 2002.  Also not to be forgotten: Hess left the scene of the accident in his current case.

Colgan argued that Hess, a veteran, had been sober for eight years before this slip.  He asked the judge for "some mercy" and a six-month sentence.

Hess said that he has many medical issues that require him to take 19 pills, and insulin shots, daily.  In reminding the court of his time as a soldier he said, "I served my country faithfully with honor."  He also apologized for the accident. 

Hess requested he begin his prison time on December 27 so that he can assist his wife with her retirement issues. 

The judge sentenced him to twelve months in prison and to pay a $2,500 fine.

As Hess accepted responsibility for the crash, and because he had forgone a trial and entered a no contest plea, the judge removed one month from his sentence.  He removed one more month due to the eight years that Hess didn't incur a DUI.

He ordered that Hess surrender himself immediately to officers from the Leavenworth County Jail.

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