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Tamaqua man changes mind, gives up trial, pleads to DUI

John R. Muffley Jr., 31, of 245 Van Gelder St., Tamaqua, was scheduled to be tried before a judge without a jury in Schuylkill County court on a charge of driving under the influence (DUI) of alcohol but changed his mind and entered a general plea of guilt to the charge.

Judge John E. Domalakes, who was to hear the case, first questioned Muffley on his change of mind because Muffley had earlier entered a guilty plea then changed his mind and requested a hearing before a judge. "I want to make sure you understand what you are doing and make sure you are not playing games," Domalakes said to the defendant. He assured the judge he wanted to plea.The judge accepted his plea but deferred sentencing to Tuesday, May 15, and ordered a pre-sentence investigative (PSI) report prepared by the adult probation department. Muffley was released on his current bail for appearance in court.Besides the DUI charge Muffley also faces sentencing on a number of summary vehicle code violations: a driver required to be licensed, driving while his operating privileges were suspended, failing to drive on right side of the road, careless driving, having the wrong class of license and failing to wear protective equipment (helmet) when riding a motorcycle.Muffley was cited by Tamaqua Patrolman Matthew Bynon, on Nov. 9, 2010, after his motorcycle failed to make a curve in the 400 block of West Broad Street, at the sharp turn by the Odd Fellows Cemetery, and struck a legally parked pickup truck. He and a female passenger were tossed off the cycle and suffered injuries.