Pair With 4th-Offense DUIs Must Serve 150 Days In The Workhouse, Lose Their License For 8 Years

Tuesday, October 1, 2013

Two men who appeared back-to-back before Criminal Court Judge Don Poole on Tuesday were sentenced for fourth-offense DUI. 

Wayne Edward Franks, 41, also was found guilty of violating the Motor Offender Act due to the extent of his drinking and driving.

He was given two years on each count to be served consecutively. 

DUI Prosecutor Kate Lavery said both men were involved in single-vehicle accidents.

Franks wrecked on Franks Road. His blood alcohol level was .21.

Rex Allen Francisco, 57, had a blood alcohol level of .25 after his wreck on Patterson Road. He told an officer he had been to a party in Rhea County and had no idea how much he had consumed.

They will lose their driver's licenses for eight years.

They were assessed fines of $3,115, plus court costs.

Franciso got a two-year term.

Both men will have their sentences suspended, except they will have to serve 150 days at the workhouse "day for day" without getting the normal "two for one."

Prosecutor Lavery noted that it had been almost 10 years since Francisco had picked up a DUI. The law used to count from the day of conviction, but now it is stricter based on the day of the offense. Under the old law, the prosecutor would not have been able to have counted his DUI since it would have fallen over 10 years in the past.  

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