Dayton man gets eighth DUI

POLSON — After getting caught by the Montana State Highway Patrol for his eighth DUI, a 49-year-old Dayton man was sentenced to five years in jail in Lake County District Court last Wednesday. After another vehicle was nearly hit by his driving, Randolph Nigg was approached by officers in the driveway of his residence and failed numerous intoxication tests while blowing a .194 on a breathalyzer.

According to Montana State Highway Patrol reports, on Sept. 10, 2011, they received a report from someone who had nearly had their vehicle crashed into by a black pickup near the corner of U.S. Highway 93 and Rigby Rd. The reporting party gave officers the license plate number of the pickup, which after a background check, was a 1988 Mazda pickup registered to Nigg.

Authorities also saw that Nigg had been convicted of seven prior DUIs, the court affidavit said.

An officer drove to Nigg’s residence and observed his vehicle turning into the driveway. When they approached him and asked for registration, the officer noticed a strong smell of alcohol on his breath and his speech was slow and slurred. Nigg also fumbled with crumbled papers and napkins and could not produce his registration. The court affidavit said that Nigg had trouble grasping individual papers and was checking the same papers repeatedly.

The officer then told Nigg that he could smell alcohol on his breath to which he responded “I know.”

The officer then asked Nigg to exit the vehicle, and proceeded to administer the Horizontal Gaze Nystragmus test. Nigg scored a 6-out-of-6 for cues of impairment. Nigg failed the walk and turn test and then told the officer “I couldn’t do that sober.”

He also failed one-legged stand test and stated “I ain’t gonna be able to do it” and “you might as well take me to jail.”

Then Nigg tried to bargain with the officer and said “why can’t you let me fly this time man?” and “would you let me fly this time cause I am going to jail for a long time this time.”

He added that he was going to stop drinking, court documents state.

Another officer had Nigg give a breath sample on a breathalyzer, and it registered a .194 BAC. He was placed in the patrol vehicle for transport to Lake County Jail, and while on the way, Nigg said, “If I get caught for another DUI, my life is over forever.”

For this crime, Nigg faced a maximum penalty of five years and a fine of $10,000.