Two defendants in pending criminal cases appeared in Carbon County court on Friday with alcohol in their system. In fact, one had two times the legal limit under the state's drunk driving law.
Steve Todd Moyer, 40, of Bethlehem, appeared before President Judge Roger N. Nanovic II to be placed in the county's Accelerated Rehabilitation Disposition (ARD) probation program for first time offenders on a driving under the influence (DUI) charge.
Moyer was one of three called before Nanovic for placement in the program on DUI charges. One of the others standing before the court said she smell alcohol and it was causing her problems.
After Nanovic placed the three in the program Moyer went to the adult probation office on the first floor to go over the conditions of the program. Probation office personnel detected the odor of alcohol on Moyer and had him submit to a probable breath test. The result was a .17BAC.
Moyer was then brought back before Nanovic. He admitted drinking alcohol the night before but claimed he had only two beers. Following further questioning by Nanovic, who said two beers would not give him a .17BAC, Moyer admitted drinking more and possibly a shot of liquor.
Nanovic found him contempt of court and remanded him to the county prison where he was held until Monday when he would appear before Nanovic again. Nanovic also vacated his placement in the ARD program.
Jeffrey Joseph Sestok, 58, of Lehighton, entered a plea to one count of DUI before Nanovic but had his sentencing deferred so he could apply for placement in the county's Intermediate Punishment Program (IPP) with electronic monitoring.
Sestok was arrested on March 1 along Anderson Drive, in Towamensing Township by state police at Lehighton. He refused a blood test and lost his license for a year for the refusal.
After accepting his plea Sestok went to the probation office to apply for the IPP. Probation office personnel detected alcohol on Sestok and gave him a probable breath test. The result was .04BAC.
Sestok returned to court and admitted drinking alcohol earlier in the day before he appeared for his 1:15 p.m. plea hearing.
Nanovic said he was below the legal limit of .08 and asked if Sestok had driven to court. The defendant said no, that his license was suspended and a friend brought him. Nanovic said he would let him go home but that his IPP placement was no longer an option.
Sestok is facing a minimum of 90 days in jail at the time of sentencing.