Log In


Reset Password

Carbon County court — DUI

Two defendants who previously entered guilty pleas to driving under the influence charges were sentenced on Tuesday in Carbon County court by President Judge Roger N. Nanovic II.

Multiple charges

Cody Benjamin Formisano,

24, of Jim Thorpe, also previously pleaded to a charge of possession of drug paraphernalia. Tuesday he entered a guilty plea in a third case to one count each of possession of a controlled substance and possession of drug paraphernalia.

He was arrested on the possession count on Aug. 26, 2015, by state police at Lehighton following a traffic stop along Route 248 at State Road in Franklin Township. The DUI occurred on Sept. 9, 2015, along Main Road in Franklin Township filed by state police. A test revealed the presence of a controlled substance. The third case stems from an incident on Oct. 18, 2019, when state police stopped a vehicle he was operating knowing he was wanted on an outstanding warrant. At the stop drugs and drug paraphernalia were found.

When taken to the county prison on the warrant, Formisano gave prison officials 20 baggies of heroin he had concealed on him. In that case the district attorney’s office dropped a felony 2 charge of contraband/controlled substance into the prison.

Formisano said he has addressed a drug addiction problem by successfully completing an inpatient program and is currently continuing with counseling.

On the DUI charge Nanovic sentenced Formisano to serve 72 hours to six months in jail, pay a fine of $1,000 and one-year license suspension. He was given credit for seven days spent in jail on the charge and paroled.

On the first paraphernalia charge he was placed on probation for a year, consecutive to the DUI sentence.

On the third case and the possession of a controlled substance charge he was sentenced to serve one to 12 months in prison with credit for 30 days in an inpatient program and paroled. On the paraphernalia count in that case he was placed on probation for a year. Those sentences run concurrent to the others.

He also had zero tolerance imposed for drug or alcohol use.

Vehicle stop

Jeffrey Espinal,

25, of Palmerton, was sentenced to serve 72 hours to six months in jail, pay a fine of $1,000 and one-year license suspension.

He was arrested on Aug. 13, 2019, by state police at Lehighton. At the stop troopers smelled marijuana.

Espinal is currently in the county’s Accelerated Rehabilitation Disposition probation program on another DUI count but has been notified by the adult probation office its intention to revoke him from the program because of the new DUI arrest.

He will begin serving the jail term at 10:30 a.m. on Aug. 30.

Both defendants must also pay court costs of about $1,000 and a $50 per month supervision fee while on parole or probation.