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Tamaqua man's motion to suppress evidence denied

Published January 21. 2011 05:00PM

A Tamaqua man's petition to suppress evidence in a a driving under the influence (DUI) case was denied by Judge Jacqueline Russell after a hearing in Schuylkill County court.

Keith A. Washeim, 40, of 112 Center St., Tamaqua, claimed that the traffic stop which led to his DUI charge was unconstitutional.

At the hearing Patrolman Richard Bekesy, Rush Township police, while on duty on July 31 was monitoring speed on SR309 and at 2:15 p.m. saw a black Pontiac vehicle traveling at what he believed to be a high rate of speed. He said he activated the stopwatch when the front tires of the subject vehicle, found to be driven by Washeim, struck the first white reference line and he stopped the timing device when the vehicle's rear tires struck the second line.

Because Washeim was operating his vehicle at the rate of at least 57 miles-per-hour in a properly posted 35 zone, Bekesy activated his patrol vehicle's lights and siren and attempted to stop the car and ultimately stopped the vehicle about one and one-half miles after pursuit and estimated he was traveling between 75 and 80 MPH.

In her opinion Russell stated she found the testimony of the officer to be credible and reliable and that it was clear that Bekesy had sufficient cause to stop Washeim's vehicle for violating the maximum speed limit.

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