Three failed field sobriety tests, alcohol-fueled threats from his "outlaw biker gang" and being a repeat DUI offender, landed Allentown resident J.A.R., 51, with 174 days to a 23-months in county jail, as reported by the Times Herald.
J.A.R. pleaded guilty to DUI and driving with a suspended license.
After J.A.R. completes his sentence he will have to complete three years of probation. Judge William J. Furger Jr. credited J.A.R.'s 170 days served in inpatient alcohol treatment programs.
Just after midnight on March 17, 2011, policed stopped J.A.R.'s motorcycle. He had been traveling, with a passenger, on Route 100 south.
J.A.R.'s blood-alcohol content, according to the Upper Pottsgrove police, registered at 0.14 percent. The legal limit for driving is 0.08 percent.
Prosecutors alleged in court that J.A.R.'s suspended license was for a prior DUI-related event. Assistant District Attorney John Aitchison, said, "He is a repeat DUI offender. It was extremely dangerous. The risk of death or serious injury on a motorcycle in a crash is so much higher than in a car. He was risking his life, the life of his passenger and the life of anybody that might come in contact with him that evening."
Aitchison had cited the mandatory sentencing laws for DUI offenders in seeking the jail sentence for J.A.R.
Richard J. Tompkins, J.A.R.'s attorney, said that his client was sorry for his actions and has pursued treatment for alcoholism. Tompkins argued, "He went to two different rehabilitation facilities in order to get himself cleaned up. He accepted responsibility for his actions, understood that he had to serve the (remaining) days and he's trying to do the best he can to lead a law-abiding life."
Upper Pottsgrove Police Officer Sean Farrell, the officer that made the traffic stop, said that he had questioned J.A.R. about his alcohol consumption that evening. Officer Farrell reported that J.A.R. answered, "I had a few many hours ago. I don't have to worry about a thing."
According to the criminal complaint J.A.R. then proceeded to fail three field sobriety tests. Additionally, officers detected the odor of alcohol on his breath.
As J.A.R. was put into the back of the police cruiser, he allegedly questioned the officers if they knew who he was and said, "I am a 1%-er from an outlaw biker gang and we take care of our own." Officer Farrell then asked J.A.R. he was threatening the officers. Allegedly J.A.R. responded, "No, we only make promises. This will never make it."
Tompkins argued that his client's conduct was due to his drinking and he did not mean to threaten the officers and explained, "I don't think he had any idea what he was doing."
Judge Aitchison also addressed the issue of the alleged threat to police saying, "I hope that's a sign of his intoxication. It didn't rise to the level of a direct threat but it certainly raised concern for everybody involved."
Facing charges stemming from a DUI, DWI, OUI or OWI require that you contact a DUI attorney for the proper representation. Begin working on your defense with a DUI attorney today!