A rock 'n' roll tour bus driver busted for DWI in Pembroke in July, 2009, blew his chance at a probation-only sentence by getting arrested twice on alcohol-related charges after he entered his guilty plea in May.
Joseph Devlin, 38, employed by a company charged with driving around the Kid Rock entourage, will serve 90 days in the Genesee County jail starting today.
The Florida resident was allegedly arrested in his home state for DWI -- a charge his attorney indicated was dismissed -- and on a charged related to an alleged domestic disturbance.
Attorney Jeremy Schwartz said as a result of the alleged domestic incident, Devlin entered a 12-week alcohol counseling program.
Schwartz said that when he met Devlin a year ago, he didn't believe Devlin had a drinking problem.
"For a 39-year-old who doesn't have a single arrest that's not hard to believe," Schwartz said.
Devlin lost his job after his arrest and has since started a business in Florida with his wife. Both Devlin and Schwartz asked Judge Robert C. Noonan not to send the former bus driver to jail because of the hardship it would create on his family.
Devlin and his wife have two children.
"Going to jail right now would really mess their lives up," Devlin said. "I know it’s my fault, but it would mess up what I’ve fought so hard to get going after losing my job."
Devlin said the past year has been stressful.
Noonan indicated he was initially going to impose a stiffer sentence but after reviewing the pre-sentencing report by the Probation Department, and considering the hardship on the business, he backed off giving a longer jail term.
"Somebody is going to have to tell Mr. Devlin that you are going to have to face some consequences for your alcohol conduct," Noonan said. "And that's me."
Devlin must also pay a $5,000 fine by Jan. 1.
