Magisterial District Court ReWilkes,
DUI, Careless Driving

Janine Cunningham, 34, 11 Kirby Ave., Apt./Suite A, Mountaintop, has been charged with two counts of DUI and Careless Driving stemming from an incident that took place on August 17, 2017. Officer Jocelyn Wadzin of the Fairview Twp. Police Dept. filed the charges on October 25, 2017.

According to the Affidavit of Probable Cause, on August 17, 2017 at 5:22 p. m., Officer Wadzin was dispatched to the area of Wychock’s Beverage at 75 S. Mountain Blvd. for a three-car motor vehicle accident with no injuries. Upon arrival, the officer spoke with the driver of Unit #2 and the witness and then walked up the roads to see the operator of Unit #1 to see if she if she was injured. She stated she was not. The officer asked for her driver’s license, registration and insurance. She provided the registration and insurance and stated she would look for her license. The officer went back to the Operator of Unit #2 and the witness. There was no third car involved.

The witness stated he was in the parking lot and observed that Unit #2 was in the center turn lane north to turn into the parking lot. He stated there were four or five cars in the lane south bound. One car stopped in the traffic and waved for Unit #2 to go. The witness stated the other car Unit #1 was coming in the right lane and hit Unit #2. The witness did not observe if Unit #2 had changed lanes prior.

The operator of Unit #2 stated she was in the turning lane north bound to pull into the parking lot of the pool store and that there was a lane of traffic and a car left a space for her to turn. The operator of #2 stated she observed Unit #1 in the left lane behind the car that waved her to turn. The Operator of #2 stated that Unit #1 swerved into the right lane from the left lane while Unit #2 was already turning. The operator of Unit #2 stated Unit #1 then hit her. The operator of Unit #2 also stated she observed Unit #1 on her cell phone.

The officer went back to speak with the operator of Unit #1, Janine Cunningham and asked for her current registration and insurance since she provided the officer with information from 2015. She then gave the officer current information and her driver’s license. The officer asked Cunningham about what happened in the accident. She stated she was in the left lane but pointed to the right lane. It was the left lane the way she was looking at, and Unit #2 came out from Wychock’s parking lot making a left. The officer advised her that the other driver and the witness both gave a different story than hers. She insisted that Unit #2 came out of the parking lot and was making a left. Cunningham, was not making a lot of sense as to how the accident happened and was slurring her speech. Her eyes were also glossy and she had pinpoint pupils.

Wright Twp. Officer Winsock and Rice Twp. Sgt. Ehret arrived. Officer Winsock did the HGN test on Cunningham. Officer Winsock asked Cunningham to submit to series of field sobriety tests due to the detection of an odor of alcoholic beverage on her breath. Cunningham admitted to drinking the night before and advised Officer Winsock that she would have alcohol in her system. Officer Winsock asked Cunningham if she had any injuries that would prevent her from performing field sobriety tests. Cunningham failed the tests. She was given a PBT by Officer Winsock, which she agreed to perform that would determine her blood alcohol consumption. Cunningham provided a sample of breath and it was positive for alcohol, .18%. Cunningham was asked to submit to a blood test at Wilkes-Barre General Hospital. She hesitated to answer but after being asked the third time she agreed. Cunningham was taken into custody for suspicion of drunk driving. Results showed Cunningham’s BAC was 0.175%.

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