James Acevedo, 44, of 123 W. Blaine St., Apt. 2G, McAdoo, faces charges from an incident which took place at 7:13 p.m. Oct. 23, 2010, on SR902, in Lansford. Charges of two counts of driving under the influence (DUI), endangering the welfare of children, reckless driving, careless driving, driving vehicle at safe speed, and driving on roadways laned for traffic were filed by Officer Jason Helmer.
According to an affidavit of probable cause:
Helmer was on duty traveling south on Springgarden Street (Route 902) near E. Bertsch Street, when he saw a beige sedan turning right onto Springgarden from East Abbott Street, squealing its tires and speeding toward Summit Hill.
While attempting to catch up to the sedan, Helmer noted his cruiser was going between 70-75 mph. The area is zoned 45 mph. The sedan was being driven in an erratic manner and onto the shoulder of the road, kicking up dust and debris as it rounded corners.
Helmer stopped the sedan at N. Pine and E. White sts. in Summit Hill. The car appeared to be overheating, with heavy smoke coming from the engine compartment.
Upon approaching the sedan, Helmer saw two small children in the back seat. Upon making contact with the driver, Helmer noted the man's eyes were red and glassy, his speech slurred and he had a strong odor of alcohol on his breath. Acevedo was identified by his driver's license.
Acevedo initially denied consuming alcohol, but then admitted to having had several beers and vodka during the day.
Acevedo showed signs of intoxication and failed field sobriety tests. He was given a portable breath test, which revealed a reading of 0.164 percent.
The children turned out to be 5 and 8 years old. A search of the car revealed two cans of beer, within reach of the children, and a plastic soda bottle on the front seat that had been refilled with a dark liquid that had an alcohol odor.
Acevedo was taken to St. Luke's Miners Memorial Hospital, Coaldale, for a blood test. The test revealed a blood-alcohol content of 0.18 percent.