YELLOWSTONE NATIONAL PARK — Three separate Yellowstone National Park (YNP) visitors were sentenced to jail time and fines for operating vehicles while under the influence of alcohol within YNP, according to a Wednesday announcement by the U.S. Attorney’s Office, District of Wyoming.
John Nofsinger, a 31-year-old from Ohio, pled guilty to operating a motor vehicle in YNP with a blood alcohol concentration of .08% or higher and refusing to provide a breath test. He was sentenced to a seven-day term of incarceration for refusing the official breath test, with credit for two days previously served. He was also sentenced to a three-year term of probation for driving a motor vehicle under the influence of alcohol under certain terms and conditions, including a ban from YNP during the probation period. Nofsinger was ordered to pay a total of $800 in fines and court costs.
Under American search and seizure codes, the operator of a motor vehicle refusing a breath test on public land leads to a one-year ban (or longer) on operating a motor vehicle on all federal lands in the U.S.
Michael O’Connell, a 54-year-old from Massachusetts, pled guilty to operating a motor vehicle in YNP under the influence of alcohol “to the extent he was incapable of safely operating a motor vehicle and refusing to comply with an official breath test,” the announcement states. O’Connell was sentenced to a seven-day term of incarceration for refusing to comply with the official breath test, with credit for one day previously served. He was ordered to serve the additional six-day sentence immediately and was not released from custody after the sentencing hearing, the announcement states. O’Connell was also sentenced to a 2-year term of probation for driving a motor vehicle under the influence of alcohol under certain terms and conditions, including a ban from YNP during that time. He was also ordered to pay a total of $800 in fines and court costs.
Kyle Decare, a 30-year-old from Michigan, pled guilty to operating a motor vehicle in YNP with a breath alcohol concentration of .08% and operating a motor vehicle with a suspended driver’s license. For DUI, he was sentenced to a seven-day term of incarceration with credit for two days previously served. For driving with a suspended license, he was sentenced to a two-year term of probation, including a ban from YNP during that period. Decare was sentenced to pay a total of $1,650 in fines and court costs because it was his second DUI conviction within one year, the announcement states.
U.S. Magistrate Judge Stephanie A. Hambrick imposed all three sentences last week in Mammoth. YNP sees its fair share of impaired drivers: a Nevada man was sentenced for driving with an open container in the park in January, an Oregon man was sentenced for DUI in June, and a Virginia man was charged with nine criminal counts after stealing a park vehicle near Old Faithful last August while under the influence. Alcohol was in the mix last summer when a visitor reportedly kicked a bison.
