As reported by the Times Leader, the fire chief for Wilkes-Barre Township has been convicted of DUI, though his attorney will most likely appeal the decision as he claims that the origin of the traffic stop, for violating a protection-from-abuse order, was illegal.
Fire Chief J.Y. was found guilty by Senior Luzerne County Judge Joseph Augello on July 19 and was sentenced to 48 hours of lockup in the Luzerne County Correctional Facility.
Attorney Barry Dyller represents J.Y., 48, in the case. Dyller unsuccessfully argued that stopping his client, for allegedly failing to adhere to a protection-from-abuse (PFA) order, and then charging him with DUI, was illegal.
A police officer stopped J.Y. in November, as he had been near the home of D.P., a woman that had obtained the PFA against him. J.Y. was ultimately charged with two counts of driving under the influence and one count of careless driving.
J.Y.'s blood alcohol was checked and he registered a level double the legal 0.08 percent limit for driving – J.Y.'s was 0.162 percent.
Police had been alerted to J.Y.'s presence in D.P.'s neighborhood as D.P. had telephoned them to report that she had seen him drive and revving his engine.
Though charged with violating the PFA, the charge was eventually dismissed, as the order did not specify that he couldn't drive near her home.
Dyller used this information about the PFA error by stating that the police did not have enough evidence to show that D.Y. had violated the PFA before pulling him over. Therefore, according to Dyller, the stop was illegal.
However, Assistant District Attorney Tom Hogans said that officers only need a "reasonable suspicion" that someone may have committed an offense to warrant their response. Hogans further argued that once the arresting officer began to follow J.Y. to question him about violating the PFA, the officer witnessed J.Y. speeding and driving in a careless manner.
Judge Augello, while noting that the officer had not yet determined if there was a PFA violation, suppressed the motion and found that the police had enough cause to stop J.Y. on the driving violations alone.
Now that D.Y. has been convicted he faces having his driving privileges suspended. He must also pay a $252 fine, $307 in restitution and undergo a drug and alcohol evaluation. He is scheduled to serve his sentence beginning on August 10 when he must report to county prison.
Dyller stated that he believed the conviction would not impact his client's position as fire chief.
Dyller said, "He won't be able to drive a fire truck, but it won't affect his ability to serve the department."
In a separate case, K.Y. has been charged with stealing nearly $12,000 from his fire department and using the fire department's credit card in the amount of $3,706 for personal purchases.
Surprised to find yourself facing charges of DUI, DWI, OUI or OWI? You must contact a DUI attorney – the only type of attorney that is well versed in these kinds of cases!