Wright Township Police filed Driving Under the Influence of Alcohol or controlled Substance-General Impairment, against Timothy M. Zearfoss, 30, 22 Chestnut Street, Mountain Top, PA 18707 on May 1, 2014. Zearfoss was charged with three misdemeanors for DUI General Impairment, DUI Highest Rate of Alcohol, BAC .16+; III Operate w/o lg Int BAC .025; Careless Driving, Summary for Improper Child Restraint System, Operating a Vehicle W/O Required Financial Responsibility.
Ptlm. Aaron Fromm stated in the Affidavit of Probable Cause that he was driving a fully marked Wright Township police cruiser west on Church Road on April 9, 2014 at 12:16 a. m. when he had to abruptly stop to avoid being struck by Defendant Timothy Zearfoss, who had not yielded. Fromm continued traveling behind Zearfoss north on South Mountain Blvd. He checked the vehicle’s registration through Luzerne County 911, which indicated it had an insurance cancellation. The officer activated emergency lights as the vehicle made a right turn on Sword Drive. Zearfoss then kept traveling at a slow speed east on Sword Drive to the intersection of Elmwood Avenue and then made a right turn into the Crestwood Overflow parking lot and parked his vehicle.
Officer Fromm detected some signs of intoxication, while speaking with the driver including alcoholic breath, glossy eyes, and slurred speech. The officer asked Zearfoss if he had been drinking. Zearfoss said he had a few beers. Officer Fromm asked Zearfoss to exit the vehicle and he was asked to perform field sobriety tests one at a time. He was unable to follow simple directions or perform any test correctly.
Officer Fromm then transported Zearfoss back to the Wright Township Police station, 321 Mountain Blvd, where he was read his O’Connell Warnings. Zearfoss was then transported to Geisinger Wyoming Valley Hospital, where blood was drawn and sealed. After processing, the blood was analyzed showing a result of the Blood Alcohol Content was 0.354. Pennsylvania is 0.08.
A Preliminary Hearing has been scheduled for May 21, 2014 10:30 a. m. before Magisterial District Judge Ronald W. Swank.