YORK – This week, Andre Schwindt, 37, of Lincoln was scheduled to be re-sentenced for his eighth offense of driving under revocation/suspension.
Last April, he was sent to jail for the offense and was also ordered to 12 months post-release supervision after his jail sentence was complete.
But in December, he was back in District Court to be sentenced again as he had violated the terms of his post-release supervision. It was continued then and continued again this week, so Schwindt can make an attempt at going to treatment.
The case began when a deputy with the York County Sheriff’s Department was on regular patrol as he saw Schwindt pull up to gas pumps at the Henderson interchange. He said Schwindt was acting suspiciously and was not getting out of the car but rather watching the deputy for more than five minutes.
The deputy entered the information from Schwindt’s license plates and discovered that he had a revoked license with a pickup order. The deputy wrote in his report that Schwindt’s license had been revoked for 15 years for a third offense driving under the influence conviction in Douglas County.
Schwindt began to drive out of the business parking lot and the deputy initiated a traffic stop. Schwindt admitted to driving on a 15-year revocation.
The deputy also found that his license was also revoked in Missouri and he had a lengthy history of driving under suspension, “to include seven convictions on his Nebraska abstract.”
Schwindt served his nine-month sentence in jail – but it’s the term of post-release supervision that now has to be fulfilled. He could be sentenced to spend the rest of his post-release sentence in jail.
“Progress is being made here,” Schwindt’s attorney, Deputy York County Attorney Patrick Tarr told the court. “Treatment is scheduled now and he’s made a payment on his costs.”
“I am continuing the sentence to see if you actually follow through with treatment,” Judge Stecker said to Schwindt. “I’m giving you an opportunity. You continue to drink, you tested positive on several occasions before December. You need treatment, you need to stop using. I will give you an opportunity, but if you fail – if you don’t stop using, that shows you are not serious. I will give you 30 days. Go to treatment.”
The case was continued to March 9.