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silverfish
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A Lake Harmony resident who had a blood-alcohol content reading of .55 percent when arrested, entered a guilty plea on Tuesday in Carbon County court. He was one of several defendants in pending criminal cases to enter a plea before Judge David W. Addy.
Turnpike incident
Brian Anthony Rafferty, 35, was involved in a crash along the turnpike in Parryville on Feb. 22. Taken for a blood test by state troopers he was found to have a .55BAC. He pleaded to one count of driving under the influence (DUI).
The blood count, about seven times the legal limit of .08, may not have been quite that high. Addy noted that the test was administered on blood serum rather than whole blood, that is normally used in such testing. Blood serum retains more alcohol because of a higher water content. He said a more accurate reading for Rafferty was .47 percent, which he said was extremely high.
Addy wondered how Rafferty was able to function, let alone drive a car. Addy told Rafferty, "At .55 you would be dead."
When troopers found Rafferty he was in a pickup truck that had struck a bridge rail and resulted in a flat tire. At the scene, Rafferty at first didn't recognize the person talking to him as a state trooper, but did cooperate. However, when taken for the blood test he became unruly at the hospital, according to the police report.
He told troopers he had visited relatives in Lansdale and was returning home.
Under state sentencing guidelines, Rafferty faces a 90- day jail term. But in a plea bargain reached with the district attorney's office, he was required to enter an inpatient rehabilitation program for 30 days prior to the plea hearing. If he did, then the DA would consider placing him in the Intermediate Punishment Program (IPP), which is house arrest with electronic monitoring.
Rafferty has completed the inpatient program. Addy deferred sentencing to give Rafferty a chance to apply for the IPP.
Turnpike incident
Brian Anthony Rafferty, 35, was involved in a crash along the turnpike in Parryville on Feb. 22. Taken for a blood test by state troopers he was found to have a .55BAC. He pleaded to one count of driving under the influence (DUI).
The blood count, about seven times the legal limit of .08, may not have been quite that high. Addy noted that the test was administered on blood serum rather than whole blood, that is normally used in such testing. Blood serum retains more alcohol because of a higher water content. He said a more accurate reading for Rafferty was .47 percent, which he said was extremely high.
Addy wondered how Rafferty was able to function, let alone drive a car. Addy told Rafferty, "At .55 you would be dead."
When troopers found Rafferty he was in a pickup truck that had struck a bridge rail and resulted in a flat tire. At the scene, Rafferty at first didn't recognize the person talking to him as a state trooper, but did cooperate. However, when taken for the blood test he became unruly at the hospital, according to the police report.
He told troopers he had visited relatives in Lansdale and was returning home.
Under state sentencing guidelines, Rafferty faces a 90- day jail term. But in a plea bargain reached with the district attorney's office, he was required to enter an inpatient rehabilitation program for 30 days prior to the plea hearing. If he did, then the DA would consider placing him in the Intermediate Punishment Program (IPP), which is house arrest with electronic monitoring.
Rafferty has completed the inpatient program. Addy deferred sentencing to give Rafferty a chance to apply for the IPP.
