No Deer, Just DUI

(HENRY, Neb.) — A 19-year-old Cheyenne, Wyoming, man entered no-contest pleas in Scotts Bluff County Court following a Sunday night rollover crash near Henry. He initially told law enforcement he had swerved to avoid a deer.

Price G. Harpstreith pleaded no contest and was found guilty of driving under the influence with a blood alcohol concentration of 0.15 or higher or refusal with one prior conviction, a Class 1 misdemeanor; second-offense reckless driving, a Class 2 misdemeanor; minor in possession, ages 19-20, a Class 3 misdemeanor; and misdemeanor false reporting, a Class 1 misdemeanor.

According to an affidavit of probable cause filed by Scotts Bluff County Sheriff’s Sgt. Mark Bliss, deputies were dispatched to the intersection of Highway 26 and Nichols Avenue in Henry at about 8:55 p.m. Sept. 20. Upon arrival, deputies found a Wyoming-plated GMC Sierra pickup resting on its roof off the southwest side of the roadway. No injuries were reported among Harpstreith or his four teenage passengers.

Harpstreith initially told deputies he was traveling northbound on Nichols Avenue when a deer ran across the road, causing him to swerve and lose control. However, deputies noted tire marks and other physical evidence indicating rapid acceleration and a spinout while attempting a sharp turn onto the highway.

When confronted with the physical evidence, Harpstreith admitted there was no deer and said he had spun out and lost control because of rapid acceleration. The passengers also acknowledged there was no deer involved.

Deputies detected the odor of alcohol on Harpstreith and his passengers. Standardized field sobriety tests were administered, and a preliminary breath test indicated a BAC of 0.175. Harpstreith was taken to a local hospital for an evidentiary blood sample before being booked into the Scotts Bluff County Detention Center.

Court records show Harpstreith was released on a $10,000 bond, with 10% allowed, Sept. 22. Sentencing is scheduled for Oct. 26 at 2:15 p.m. in Room 1 of Scotts Bluff County Court.