Judge takes ruling under advisement after bench trial

By Jim Osborn josborn@columbustelegram.com

COLUMBUS -- A 47-year-old Columbus man accused of driving under the influence after falling asleep in the drive-thru lane of a local fast-food restaurant had his day in court Tuesday afternoon.

It lasted about five minutes as Platte County Judge Frank Skorupa took his ruling under advisement following a brief bench trial by stipulation in which Gregory Wells is charged with driving under the influence in connection with the April 5 incident.

Platte County Deputy Attorney Carl Hart and defense attorney William Kurtenbach both waived opening and closing arguments and chose not to present evidence during Tuesday’s bench trial.

In a bench trial by stipulation, the prosecution and defense attorneys agree to facts and findings presented before the court. The procedure streamlines the process and speeds along a trial.

Wells was arrested for first-offense DUI, a Class W misdemeanor with punishments varied depending on whether a defendant is given probation or not. Both punishments include license revocations, with ranges of 60 days to six months and fines.

The bench trial follows the judge’s decision last summer to overrule a defense motion to suppress evidence in connection with Wells’ arrest shortly after midnight April 5.