Judge Ronald Nagle sentenced a man to 18 to 36 months in prison for driving under the influence, and an additional 90 days for driving without a valid driver’s license, as reported by The Daily Local News for Chester County, PA.
The man, J.L.H., 49, of Downingtown, had his driver’s licenses suspended years ago for drunken driving.
J.L.H. had three DUI convictions in the last 10 years, and an additional seven DUI convictions prior to that.
Judge Nagle told J.L.H., “You decided to drive and take the chance, and you got caught. You were not a responsible person on this day, it is really a shame you put yourself in this position.”
J.L.H. replied to the judge, “I know, I kick myself every day.”
Last August, J.L.H. had driven a 2007 Ford F-150 pickup truck, made a reckless right turn, and was pulled over by police.
Judge Nagel recognized that J.L.H. had been more responsible in recent years, but his past criminal history could not be ignored.
Both court records and testimony taken at the trial show that at approximated 8 p.m. on August 1, an officer on patrol, South Coatesville Police Officer John O’Donnell, witnessed a pickup make a right turn onto Modena Road. He noticed that the truck took the turn at a high rate of speed that made the tires squeal, emit smoke and left tread marks on the street.
J.L.H., pulled over by Officer O’Donnell, was asked for his driver’s license – and J.L.H. admitted to not having one. O’Donnell detected a strong alcohol odor on J.L.H.’s breath and clothing.
O’Donnell then asked J.L.H. what his home address was – and J.L.H. produced an answer that was unintelligible.
J.L.H. refused to take a field sobriety test or to submit a blood sample to determine his blood-alcohol content. O’Donnell then arrested him.
J.L.H., and his two passengers the day of the arrest, testified that he had not been drinking. On April 7 the jury thought otherwise and found him guilty of DUI.
J.L.H. admitted to drinking that day when he spoke with an investigator with the Chester County Office of Adult Probation, per Assistant District Attorney Deborah Ryan, and that information was relayed from Ryan to Nagle.
J.L.H. contended that he chose to drive without a license because his passengers drank more than he had.
Nagle reviewed J.L.H.’s criminal history before sentencing him. Convictions started in 1982 and included arrests for assault, fleeing and eluding police, selling liquor to minors and the unauthorized use of a motor vehicle.
His DUI record began in 1986, and then, in succession, he was arrested again for DUI in 1989, 1992, 1996, 1998, 2001 and 2002. He is also wanted in Florida for two additional unresolved DUI arrests.
J.L.H.’s public defender, Susanna DeWese, asked the judge to take into consideration the lack of problems in more recent years.
DeWese said, “Everything was going well, then he decided he was going to have a couple of drinks."
If you have been charged with a DUI, DWI, OUI or OWI, contact a DUI attorney from our directory to help you with your defense. The proper representation can help you avoid lengthy jail sentences and heavy fines.