Man caught drinking by judge ordered into rehab program

~ Jacob Vandeven was caught consuming alcohol an hour after being sentenced for drunk driving.

Circuit Judge William Syler wants a man who couldn't wait to have a drink to learn to resist temptation.

Jacob V. Vandeven must spend a month in an alcohol rehabilitation center for violating his probation less than 60 minutes after being sentenced for drunk driving, Syler ordered Tuesday.

Vandeven, of Whitewater, Mo., stood before Syler on Dec. 5, entering a guilty plea to a reduced charge of misdemeanor driving while intoxicated for causing an accident with injuries. Vandeven was originally charged with a felony after the Nov. 20, 2004, accident and could have served state prison time if he was convicted.

Less than an hour later, Syler went to lunch at Tractor's Classic American Grill, a Jackson restaurant and bar close to the courthouse. He spotted Vandeven drinking -- a violation of his probation -- and in court Tuesday said he had the bar tab receipt as evidence.

It showed Vandeven and his party had ordered two beers, two Long Island Iced Teas and a margarita, assistant Cape Girardeau prosecutor Jack Koester said. The exact number of people with Vandeven at the time wasn't stated, Koester said, but he believes Vandeven was in the restaurant with one or two other people.

A standard provision of probation in drunk driving cases is that the defendant refrain from drinking, avoid bars and not be in the presence of people who are drinking.

Vandeven admitted he had been drinking at the restaurant. His attorney, Malcolm Montgomery, told Syler that Vandeven had a drinking problem and was willing to go into treatment.

Vandeven has been in the Cape Girardeau County Jail since he was arrested Dec. 6. During the Tuesday hearing, Syler ordered Vandeven, 27, to remain in custody until a space opens at the Gibson Recovery Center in Cape Girardeau.

After Vandeven completes the 30-day inpatient alcohol program, he must return to the county jail and stand before Syler again Jan. 30. Depending on how well Vandeven behaves at the alcohol treatment center, Syler could restore his probation or impose a jail sentence of up to six months.

A Cape Girardeau sheriff's deputy will take Vandeven to and retrieve him from the treatment center, Koester said. Syler told Vandeven he was ordering those transportation arrangements because he could not trust Vandeven to go to the center if he can't go half a block without taking a drink, Koester said.

Giving Vandeven a chance to get treatment is a good deal for him, Montgomery said. Vandeven's decision to go directly for a drink after pleading guilty to driving intoxicated shows he has an alcohol problem, Montgomery said.

"I have never had a client so audaciously violate a judge's order that quickly after being placed on probation," Montgomery said.