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[Le Mars Daily Sentinel]
Le Mars, Iowa ~ Sunday, September 7, 2008
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Juhl gets two months in jail for drunk driving accident

Monday, July 23, 2007

An 18-year old responsible for a prom night drunk driving accident will spend two months in jail.

Melinda Rae Juhl, of Merrill, was sentenced in Plymouth County court Friday for the April 2006 accident near Hinton which cost one passenger her arm.

Juhl was found guilty in early June of serious injury by motor vehicle, a class D felony, and operating a vehicle while intoxicated, a serious misdemeanor.

Along with serving 60 days in jail, Juhl must complete five years of probation, pay $1,750 in fines, pay victim restitution, and attend a drunk drivers course and a victim empathy class.

Judge Michael Walsh also sentenced Juhl to a suspended five-year prison sentence, meaning that if she doesn't comply with the probation rules, Juhl could be sent to prison. He also sentenced her to 365 days in jail, but suspended all but the 60 days.

"This is a difficult case . . . because there does have to be a balance between the appropriate punishment for criminal acts and recognizing the effort made toward rehabilitation," Walsh said. "The defendant's actions in this case were reckless and outrageous. She knows that and everyone here knows that. Operating a vehicle while intoxicated and driving 120 mph is obviously a criminal action and must be dealt with in some fashion."

Punishment, Walsh added, is designed not only to punish the individual, but also to deter others from similar acts.

Before she was sentenced, Juhl spoke to the judge and courtroom, including the passengers of Juhl's vehicle who lost her arm in the accident.

"I just want them to know I am sorry," she said. "If there was anything I could do to change that night, I would. But all I can do is pray that everything will be all right for them."

Juhl's pastor, employer, counselor and mother testified that Juhl has been attending counseling since the accident dealing with alcohol abuse and taking responsibility for actions. They took the witness stand during her attorney's request for the sentence to be deferred judgments, which essentially would have later gone off Juhl's record once she completed all probation requirements.

Judge Walsh denied the request for deferred judgments.

County Attorney Darin Raymond had suggested a 365-day jail sentence for Juhl, saying that, while there was no question that Juhl is on her way to rehabilitation and that she has been very cooperative, the sentence should also send a message to the community to deter similar crimes.

Walsh could have given Juhl a full five-year prison sentence, which would have been mandatory if she were an adult at the time of the accident. She was 17 at the time.

Currently, Juhl must pay $4,594 in victim restitution, but more may be filed. Raymond also suggested that civil litigation and insurance involvement are an ongoing possibility.

As part of her probation, Juhl must abstain from alcohol and other controlled substances and maintain full-time employment or continue school full-time.



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