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Superior man accused of 5th drunk driving offense

A Superior man accused of driving drunk for a fifth time waived the time limits for his preliminary hearing Wednesday in Douglas County Circuit Court.

Mitchell Thomas Gray, 54, faces one count of fifth offense operating while intoxicated. He was released on a $1,000 cash bond and ordered not to consume or possess any alcoholic beverages. His next court appearance was set for Sept. 6.

According to the criminal complaint:

Officer Johnathan Fontaine executed a traffic stop July 24 on Gray's vehicle after observing him driving at a high rate of speed, revving the engine loudly in a residential area and swerving from the left to right lane along East Second Street.

Fontaine noticed Gray had glossy eyes and slurred speech, and could smell a strong odor of intoxicants from him when Gray exited the vehicle. The Superior man had a hard time balancing when he was told to walk over to the front of the squad car, and performed poorly on field sobriety tests.

Gray has four prior convictions, according to the complaint. The most recent was a 2016 blood alcohol content conviction in Minnesota.

If convicted on the latest charge, Gray faces a maximum penalty of 10 years of imprisonment and a $25,000 fine.

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