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North Dakota lawmaker sentenced after pleading guilty to drunken driving

  • Republican Representative Nico Rios of North Dakota has been sentenced to nearly a year of unsupervised probation for drunk driving.
  • Rios pleaded guilty on January 8 and was sentenced to a 10-day suspended jail sentence, mandatory evaluation, and a victim impact commission.
  • He faced growing calls for his resignation from within his own party, including from the House majority leader and state and local Republican leaders.

A North Dakota lawmaker who insulted police with vulgar, homophobic and anti-immigrant remarks during a DUI arrest last month has been sentenced to nearly a year of unsupervised probation and to pay $1,000.

Republican state Rep. Nico Rios of Williston pleaded guilty to DUI and was sentenced on Jan. 8, according to court records. His sentence includes a 10-day suspended prison sentence, mandatory evaluation and a victim impact commission. A misdemeanor charge that he refused a chemical test was dismissed. He must also pay $50 for the open container violation.

A text message and email seeking comment were sent to Rios on Thursday. A phone message was also left with his attorney.

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Mark Friese, a criminal defense attorney who has handled drunk driving cases for years, said Rios' sentence is consistent with other sentences for similar crimes. He noted that Rios' driving privileges will be automatically suspended for 91 days.

North Dakota Republican Rep. Nico Rios called the state's attorney general after using profanity and homophobic slurs toward a Williston police officer during a drunk driving stop on Dec. 5, 2023. The threat was captured on body camera footage. Rios, of Williston, North Dakota, said he was heading home from a Christmas party. before the road closure. (Williston Police Department, via Associated Press)

“It doesn't seem like he was treated any harsher than other people in similar situations,” Friese said. “My guess is that the judge recognizes that there are multiple entities here that are trying to hold Mr. Rios accountable.”

Police body camera footage from the Dec. 15 traffic stop, requested and provided by The Associated Press, shows Rios berating officers, repeatedly questioning his English accent, and using homophobic slurs and anti-immigrant slurs. He is seen using the words. He also said he plans to call the North Dakota attorney general about the situation. He told the officers, “You're going to regret bullying me because you don't know who I am.”

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He has faced growing calls for his resignation from within his own party, including the House majority leader and state and local Republican leaders.

Last week, Republican House Majority Leader Mike LeFore removed Rios from the Assembly's Transitional Justice Committee, saying it was unfair for law enforcement officers to testify before the committee Rios serves on. did. House and Senate committees meet between legislative sessions to consider topics related to law enforcement and the legal system for future or potential legislation.

Rios said he is “seriously considering all aspects” of his future and plans to seek treatment for alcoholism, but has no plans to resign. He previously said he took responsibility for his “abhorrent actions” and apologized to “those he hurt and disappointed,” including law enforcement officers.

Rios said he was leaving a Christmas party before being taken away by police.

Rios, who works in the oil field in hydraulic fracturing of wells, was elected unopposed to the state House of Representatives in 2022 for a four-year term. Republicans have an 82-12 majority in the House.

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