RC man gets jail time for 5th DUI

Courtesy photo

DEADWOOD — A Rapid City man who rolled a utility terrain vehicle in a Kirk Road crash in July 2021, resulting in his fifth driving under the influence conviction, was sentenced by 4th Circuit Court Judge Michelle Comer at the Lawrence County Courthouse.

Jacob Allen Ossenfort, 29, was indicted by a Lawrence County grand jury July 28, 2021, and charged with driving or physical control of a motor vehicle while there was 0.08% or more by weight of alcohol in his blood.

Ossenfort pleaded guilty to the charge Dec. 30, 2021, and was sentenced the same day to five years in prison with credit for time served of two days.

Comer suspended the execution of the sentence and placed Ossenfort on five years’ probation upon the following terms and conditions: that he immediately start attending and successfully complete the 4th Circuit DUI Court Program and complete its  treatment recommendations; that he participate in the 24/7 PBT or SCRAM Program; and serve 60 days in jail.

Ossenfort’s license was also revoked for five years, and he was ordered to pay $166.50 in court costs and reimburse Lawrence County for $780 in court-appointed attorney fees.

Information filed in the case indicates that Ossenfort was convicted of four previous DUI charges:  April 24, 2015, March 7, 2018, and two convictions for two separate offenses on Sept. 25, 2020, all in Pennington County.

DUI fifth conviction is a Class 4 felony, punishable by up to 10 years in prison and $20,000 in fines.

Court documents say on July 18, 2021 at approximately 8:15 p.m., police were dispatched to a rollover crash on Kirk Road near Yellow Creek Road in Lead. Dispatch advised the driver seemed very confused and shaken up. Upon arrival at the scene, police observed a Polaris UTV on its side on the shoulder of the roadway and a male subject, later identified as Ossenfort, standing next to it.

Police recognized Ossenfort from a traffic stop the previous night, when he was issued a speeding citation.

Police could smell a very strong odor of an alcoholic beverage coming from Ossenfort’s person. Ossenfort repeatedly stated he was an idiot and that he (expletive) up.

Police observed two sets of skid marks on the roadway. Ossenfort had exited a left-hand corner sideways and spun out into the ditch. He drove the vehicle back onto the roadway and took off a second time, sliding sideways in both directions. The second time, Ossenfort’s vehicle entered the ditch, hitting a rock, causing a front tire to go flat. As a result of his speed and momentum, the vehicle rolled, causing functional damage.

Ossenfort was swaying and slurring his words and his eyes were very bloodshot and glossy.

Because Ossenfort seemed to be in a daze, for his safety, police only administered the horizontal gaze nystagmus test and preliminary breath test. Ossenfort failed the horizontal gaze test and his PBT showed .270.

Ossenfort would not speak with police and would not consent to a withdrawal of his blood. He was arrested by police for DUI and transported to the Lawrence County Jail.

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