- Associated Press - Tuesday, May 4, 2021

OMAHA, Neb. (AP) - A former eastern Nebraska county prosecutor has been sentenced to probation and avoided being charged with a second-offense drunken driving charge, with the prosecutor blaming that decision on a botched investigation by police.

Former Dodge County Attorney Oliver Glass was sentenced Monday to 18 months of probation, to run at the same time as an earlier probation sentence he received for violating his probation from a March 2020 DUI conviction, the Omaha World-Herald reported.

The probation violation stemmed from a second drunken driving incident in January, in which prosecutors said Glass drove drunk at his ex-wife’s house to pick up their children. Fremont police said a preliminary breath test showed Glass’s blood alcohol content a 2 1/2 times the legal limit to drive.

But prosecutor Brenda Beadle said that because that test isn’t admissible in court and police failed to follow up with more advanced testing that is admissible, she would likely not have been able to get a conviction on a second-offense aggravated DUI. The minimum sentence for that charge is 30 days in jail.

The judge on Monday said Glass will be ordered to spend four weeks in jail if he fails to comply with his probation.

Glass resigned as county attorney at the end of February, submitting his resignation letter to the county board eight days after being released from jail following his second DUI arrest. The Nebraska Supreme Court also issued an emergency suspension of his license to practice law in the state.

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