A Carbon County jury panel deliberated for about 45 minutes on Monday afternoon before finding an Albrightsville man guilty of two counts of driving under the influence.

Frank Rubino, 70, was arrested on Aug. 16, 2003, after being involved in an accident along Moseywood Road in Kidder Township. Township officer Michael Fedor responded to the 1:20 a.m. accident and found Rubino's vehicle off the road and into a tree.The case has taken a long time through the criminal justice system. Rubino was scheduled to plead guilty in May 2004 but the plea proceeding was continued several times. The case was then listed for trial in October 2004, but that was continued several times.In March 2005 Rubino failed to appear for a court proceeding, and a bench warrant was issued for his arrest. Authorities were unable to find him and a fugitive warrant was then issued.In 2012 Rubino was finally located and brought before the county court. The bench warrant was dismissed with costs on the defendant and bail set at $5,000 unsecured.Rubino was again scheduled to enter a guilty plea in January 2012, but that was continued several times. He then changed lawyers from private counsel to the public defenders office.Officer testifiesAssistant District Attorney William E. McDonald called only two witnesses in the prosecution arresting officer Fedor and the lab technician who analyzes the blood sample and determined the BAC.Fedor testified that when he arrived on scene he observed a vehicle into a tree and a second vehicle parked along the berm. He learned that the second vehicle was a passing motorist who stopped to assist.Fedor said a female in the second vehicle, identified as Maryann Guyle, was reported to have been a passenger in the crashed vehicle and was injured. An ambulance was then called to the scene. In his opening statement McDonald said Guyle passed away in April 2013.Fedor said he found Rubino outside the crashed car, standing next to the driver's door. He said Rubino admitted he was the driver. A records check revealed the car was registered to Rubino. Fedor also said he detected the odor of an alcoholic beverage coming from Rubino. The defendant, Fedor said, admitted have "some drinks" before the crash.At first Rubino did not request any medical treatment, Fedor said, but when he was told he was being arrested for DUI, Rubino said he was injured.He was transported to the Geisinger Wyoming Medical Center in Plains Township, Luzerne County. Fedor also requested a blood test. Test results revealed a 0.102 BAC.During his opening statement to the jury, public defender Attorney Josepp D. Perilli told the jury to listen closely to the testimony because the case was 11 years old and memories fade. He also indicated that the defendant may not have been the driver.Rubino alleged that Guyle was the driver.Rubino was found guilty of operating a motor vehicle while he was under the influence of alcohol to a degree it made him incapable for driving safely, count one; and driving a vehicle when his blood/alcohol content was greater than 0.10. At the time of the incident, Pennsylvania's drunken driving law was that a person was considered under the influence with a BAC of 0.10 or higher. Currently, the law is 0.08 and higher.President Judge Roger N. Nanovic II deferred sentencing to a later date.