Robert Moir, 66, Bonners Ferry, was denied his Rule 35 motion for relief Monday, Feb. 28, after he was sentenced Sept. 27, 2010, for his ninth DUI conviction since 1973.

Under a Rule 35 motion, a defendant is essentially making a plea for leniency, and must show the court that the sentence imposed is excessive in light of new or additional information provided to the court.

District Court Judge Ben Simpson, who also ruled on the Rule 35 motion, had sentenced Moir to a prison term of two to eight years, but retained jurisdiction for 365 days to allow the Idaho Department of Corrections to put Moir through their intensive, year-long treatment program. If he successfully completes that program, he could be spared a prison sentence and instead be placed on probation.

Moir argued that the programs he’s been undergoing since his incarceration have been helpful, that his health and outlook has improved, and that he needs released now due to serious financial hardships caused by his incarceration.

Boundary County Prosecuting Attorney Jack Douglas argued against granting early release, telling the court that the protection of the public is his most important duty and that Moir still represents a risk to the motoring public. Douglass cited the nine convictions, and pointed out that on the eve of appearing for his pre-sentence interview, he had been drinking.

“In due course, the Idaho Department of Corrections will issue their report back to the court and the attorneys, allowing us to study that report and make a recommendation based on the training and experience of the officers and treatment providers at the Department,” Douglas said. “My main concern has to be for the safety of the community. The fact that he drank alcohol right before his pre-sentence evaluation sends a chilling message to me. I want to see him complete the program and see a report from the professionals, then we’ll have a much better picture of what the ultimate disposition should be.”

Judge Simpson concurred, denying the motion for relief and ordering Moir to complete the retained jurisdiction program.