Magisterial District Court Reports

Edward Charles Schmidt, Jr., 54, 301 Nuangola Road, Mountaintop, has been charged with two counts of DUI and Public Drunkenness stemming from an incident that took place on October 24, 2017. Ptlm. Kevin Stahley of the Fairview Township Police Department filed the charges on November 29, 2017.

According to the Affidavit of Probable Cause, Ptlm. Stahley was dispatched to P&D Pet Supply, 79 N. Mountain Blvd., Mountaintop for the report of an intoxicated male seen inside the store who was attempting to leave. Ptlm. Stahley was provided a description of the subject’s vehicle, a green and white Chevrolet P/U with a yellow light on the roof.

When Ptlm. Stahley arrived on the scene, the vehicle was preparing to pull out of the parking lot and onto N. Mountain Blvd. Stahley stopped the vehicle from leaving and the operator of the vehicle backed his vehicle into the parking lot. Ptlm. Stahley pulled his patrol car in front of the vehicle.

Stahley approached the vehicle to speak with the operator and explain why he was being stopped and requested that he produce his cards. After fumbling through the vehicle, the operator produced a Pa Drivers License with the name Edward Charles Schmidt, Jr., who will be referred to as the defendant.

While speaking with the defendant, Ptlm. Stahley detected a strong odor of an alcoholic beverage on the breath of the defendant and also observed the defendant’s eyes were blood shot and glossy and his speech was slurred. The defendant stated that he got the dog food, paid for it, and left the store without incident.

Fairview Twp. Officer James Banos spoke with the complainant, Timothy Clark, an employee of P&D Pet Supply. Clark reported he observed the defendant parked his vehicle in a non parking spot at the base of the entrance ramp. Clark observed the defendant was having trouble walking and keeping his balance while in the store. Clark also reported that the defendant did knock over a few items that were on racks as he walked through the store. Clark reported that once the defendant came to the register to check out, Clark was able to smell a strong odor of intoxicating beverages on his breath and that the defendant had difficulty getting the money out of his wallet and putting the change back in his wallet.

Ptlm. Stahley requested the defendant exit his vehicle and perform a battery of field sobriety tests which he agreed to perform. The defendant advised Ptlm. Stahley that he had medical issues with his legs and would not be able to perform some of the tests. The defendant was also asked to perform the HGN test and a PBT test which he agreed to perform. The defendant provided a sample of breath and the results were positive.

The defendant was arrested for driving under the influence of alcohol to a degree he was unable of safely driving, He was transported to Wilkes-Barre General Hospital for a chemical test of blood. The results were .263% which exceeds the legal limit. The defendant was released to his wife.

A preliminary hearing has been Scheduled January 18 at 9:30 a. m. at Luzerne County Central Court.