7/23/2014

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Judge keeps man accused of 4th DUII in 3 months behind bars

Judge keeps man accused of 4th DUII in 3 months behind bars

OREGON CITY, Ore. -- A Milwaukie, Ore. man who was arrested for the fourth time in three months on suspicion of driving under the influence remains in jail on a $50,000 hold.

Brian Lee Wallace, 51, was most recently arrested Friday afternoon. Wallace was previously arrested on DUII charges twice in August and once again in September.

Monday afternoon, a judge ruled to keep Wallace behind bars.

Police said Wallace's driver's license had been revoked and his car impounded, but that didn’t stop him from borrowing a car.

“The vehicle he was arrested in was somebody else’s,” said Milwaukie police spokeswoman Ulli Neitch.

The court system is just half the battle. The other half, according to police, has been keeping Wallace in jail.

“It’s a very frustrating situation for all of the different facets of law enforcement and criminal justice to have to deal with,” said Neitch.

After a first DUII, a suspect must stay in jail for at least two days. Officer Neitch says the jail is so often packed that the less violent offenders are released.

“The police officers want them to stay in jail. They want them to go in front of a judge. The District attorney's office also wants that same thing. They would like them to remain in custody. However, when the jail has to balance who is the least violent person that we can release because we have to keep the more violent people in jail, and keep the public safe, that's where the quandary comes in,” Neitch said.

In Oregon, if someone is convicted of driving drunk four times in ten years, they face up to five years in prison. Wallace has never been convicted.

KATU looked into Wallace’s criminal background. We found speeding tickets, but no additional DUII charges.

Wallace remains in the Clackamas County Jail. KATU requested an interview with him, but he has not commented.

Read more: Suspensions & Revocations information from the Oregon DMV

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