Joplin woman bound over for trial for fourth DWI arrest, arraignment scheduled for fifth

A Joplin woman who has been arrested for driving while intoxicated five times, but never convicted on that charge, was bound over for trial today in Jasper County Circuit Court after waiving her preliminary hearing on her fourth DWI arrest.

Brittney Nichole Bird (DOB 1986) will be arraigned December 11 in Division One.

According to the probable cause statement, the Webb City Police Department arrested Bird July 3 after she committed a lane violation, exhibited slurred speech, bloodshot and watery eyes and smelled of alcohol.

She performed poorly on field sobriety tests, according to the statement, and refused to submit to a breath test.

Forty-seven days after that arrest, the Joplin Police Department arrested Bird on yet another DWI charge.

The probable cause statement on the August 19 arrest, her fifth, says it took place in Joplin's bar district where Bird allegedly sideswiped a vehicle that was parked on the side of the road.

The statement indicates Bird's eyes were bloodshot and watery, her breath smelled of alcohol and she did not do well on the field sobriety tests.

Bird's arraignment on that charge is scheduled for 9 a.m. November 7. 

Plea bargain agreements with the Jasper County Prosecuting Attorney's office reduced two of Bird's previous DWI arrests to guilty pleas on excessive blood alcohol content. During the first case, she was arrested by the Jasper County Sheriff's Office October 16, 2009 and pleaded guilty to the reduced charge December 28, 2010.

She was sentenced to seven days in jail, which she had already served, fined $500 and assessed $141.50 in court costs, according to online court records.

After the Webb City Police Department arrested for drunk driving January 14, 2012, Bird reached another plea agreement with the Jasper County Prosecuting Attorney's office and once again pleaded guilty to excessive blood alcohol content, was fined $500 and assessed $141.50 in court costs.

The probable cause statement for the July Webb City arrest says the Joplin Police Department also arrested Bird for drunk driving February 10, 2010, "but it shows {the case} as closed."

Following the Webb City arrest, Bird's attorney at the time, Brian Glades, petitioned the court to direct the Department of Revenue to restore Bird's driving privileges arguing the police did not have probable cause to stop his client.

Judge John Nicholas issued the stay order July 17 allowing Bird to continue driving.

Bird's attorney on her current charges, Jared Stilley of the Stilley Law Firm, filed a petition in Jasper County Circuit Court August 24, asking the court to require the Director of Revenue to restore Bird's driving privileges.

 A hearing on the petition is scheduled for Thursday, December 14, before Nicholas in Jasper County Circuit Court in Carthage.

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