A councilman that argued against his DUI charges, was found guilty in less than two hours by a jury that had heard police testimony regarding erratic driving, misplaced identification, failure to complete a breath test and the man's "angry dog", as reported by the Wayne Independent.
J.B, the Honesdale Borough Councilman, was found guilty of first-degree misdemeanor DUI and speeding on January 25.
Trooper S. pulled J.B. over after clocking him speeding, flipping his turn indicators off and on, flashing his high beams 3 or 4 times and crossing over the yellow line.
After pulling J.B. over, Trooper S. said, "I asked for his license and registration then asked if he was okay. He gave me his credit card and I pointed out where I saw his license. He then responded, 'I'm (expletive) getting it.'"
Trooper S., after calling for back up, noted that J.B. emitted an "odor of alcohol" and had to shuffle against the car to maintain his balance. After giving J.B. a series of field sobriety tests Trooper S. said that J.B. couldn't complete a preliminary breath test (PBT) – and he tried three times.
Trooper S. told the court, "He would blow then stop, blow then stop, blow then stop. We couldn't get an accurate reading. With the PBT you have to blow until you're told to stop."
During other tests J.B. allegedly told officers, "I can't do that in the current state I'm in."
The officers took J.B., and his dog that had been in the car with him, to the Wayne Memorial Hospital. Once they arrived J.B. refused to have a blood test.
J.B. told the court he had just come from a three-day seminar. He picked up his dog at approximately 10 p.m. and "had two glasses of beer. I then gave some souvenirs to the owner and got my dog then headed home."
Once J.B. arrived at his home he turned around and left again, this time it was about 12:30 a.m., to get dog food. He brought his dog, a 115 pound German Shepard, with him.
J. B. testified, "When officer (S.) pulled me over he was about two car lengths behind me. My dog was going crazy and was on my lap barking at him, so I kept the window halfway down. I keep my credit card in the same place as my license so I accidentally gave that to the officer."
J.B. further claimed that the trooper failed to "answer" him when he asked what the breath test was.
Chris Farrell, J.B.'s attorney, argued, "The hospital has videos which would clearly show Mr. (J.B.) in a drunken state, if he was. Where is it? Why wouldn't it be present…Why did it take the officer three days to submit an affidavit? We only need a little reasonable doubt to find Mr. (J.B.) not guilty."
Assistant district attorney Pat Robinson then told the jury, "There's no scientific evidence of what his alcohol content was because he refused a blood test…I ask you to use your common sense to find him guilty of a DUI."
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