Noah Joshua Ness, 22, Little Falls, had a charge of felony fifth degree possession of drugs dismissed April 16, in Morrison County District Court. County Attorney Todd Kosovich said that they were dismissed because Ness pleaded guilty to gross misdemeanor driving while under the influence (DUI).
“In this limited circumstance, the DUI consequences were as severe as the felony fifth degree possession,” said Kosovich.
Also dismissed against Ness was a gross misdemeanor charge of endangering a child.
Ness was stopped by a Morrison County deputy after being clocked driving 90 miles per hour on Highway 10. In the rear seat was Ness’ 2-year-old child who was not wearing a seat belt.
A search of the vehicle uncovered 17 Percocet pills and Ness admitted taking three of them. He did not have a prescription for the Percocet.
An examination of Ness’ driving record showed his driving privileges had been revoked.
Ness was convicted of operating a motor vehicle while under the influence of a controlled substance. He was sentenced to 360 days in jail with 330 days stayed for two years. Ness was give three days credit for time served and will serve the remaining 27 days with home monitoring. He was also fined $1,015 and given two years supervised probation.