Plains youth receives DUI

A trial was held on Thursday, Oct. 14 in a DUI case stemming from an incident on May 30.

Kyle Burbach was charged with having an open container of alcohol in a vehicle, being a minor in possession, driving under the influence and driving under the influence while under 21.

Burbach was found behind the wheel of a truck on Sunday, May 30 in the Assembly of God parking lot. Police were called to the scene, and it was found that he was intoxicated.

The trial on Thursday was a bench trial, and it was argued before Judge Eisenbrandt. Caroline Riss from the public defenders office, and City Attorney Richard Gebhardt represented the prosecution.

The main argument brought by the defense was that Burbach did not have the keys in the ignition and was not driving at the time of his arrest.

The defense stipulated that Burbach would plead guilty to the MIP and open container charges, but not to either DUI charges.

The witnesses called by the prosecution who participated in the trial were Robert Jackson, who originally reported the incident, and Officer Noah Hathorne, who was the arresting officer in the incident.

Burbach was found guilty of a DUI while under 21. No sentence was imposed. Riss stated that they would be appealing the ruling to district court.