Magisterial District Court Report
DUI

Patrick H. Curley Jr., 41, 1008 Manor Dr., Mountain Top, has been charged with DUI, Driving right side of roadway, Careless driving and Restraint Systems stemming from an incident that took place April 9, 2017. The charges were filed on June 9, 2017 by Officer Kevin Stahley of the Fairview Township Police Department.

According to the Affidavit of Probable Cause, on April 9, 2017 at 2:02 a. m., Officer Stahley was traveling south on S. Mountain Blvd. in the left lane behind a 2017 Porsche Cayenne also traveling south. The vehicle continued on S. Main Rd., crossing over the double yellow line into the oncoming traffic lane. The vehicle was driven on the left side of the roadway for several feet before the vehicle partially came back into the right hand lane. Officer Stahley activated his vehicle’s audio and visual signals to stop the vehicle. The driver activated his right turn signal and continued on S. Main Rd. until stopping on Pleasantview Drive.

The officer approached the vehicle to speak with the driver and requested the driver to produce his cards. Officer Stahley observed the driver fumbling through his wallet and vehicle before producing his Pa driver’s license with the name of Patrick H. Curley. The officer observed Curley, the defendant, did not have his seat belt on. While speaking with the defendant, the officer detected a strong odor of an intoxicating beverage on his breath. He also observed the defendant’s eyes were blood shot and glossy and his speech was slurred. The officer asked the defendant if he knew why he was being stopped and he stated because he was drunk and chuckled about it. The defendant also admitted to consuming a few alcoholic beverages at King’s Pizza before being stopped.

At this point, Wright Twp. Sgt. Scott Rozitski and Rice Twp. Officer Shaun Zane arrived to assist Officer Stahley. The defendant agreed to perform a series Standardized Field Sobriety Tests. After the defendant refused to perform one of the tests, he was placed under arrest for driving under the influence of alcohol to the degree he was incapable of driving safely. The defendant was transported to the Luzerne County DUI Processing Center to determine his blood alcohol concentration.

At 2:27 a. m., Officer Stahley was advised by the staff at the DUI Processing Center that there was a problem with the machine and the officer would have to take the defendant to get a chemical test of blood. The defendant refused to provide a sample of blood for testing. The officer read the defendant the Pa Consent Law and he again refused to provide blood for testing and refused to sign the form.

He was transported back to the Fairview Twp. Police Station and was advised that charges would be filed. The defendant was released to his friend William Aigeldinger.

A preliminary hearing has been scheduled July 5, 2017 at 10:30 a. m. before Magisterial District Judge Ronald Swank.