A Coaldale man was found not guilty Tuesday in Schuylkill County Court of driving under the influence last October in his hometown.
Roy A. Penberth Jr., 41, was not DUI about 12:30 a.m. Oct. 2, 2011, as Coaldale police had charged, Judge Cyrus Palmer Dolbin ruled at the end of a two-hour nonjury trial.
"I find I have a reasonable doubt," Dolbin said in explaining his decision.
However, Dolbin did find Penberth guilty of four counts of improper signaling and one of failure to drive at a safe speed, and sentenced Penberth to pay costs and $125 in fines.
"His eyes were bloodshot. He was staggering," Coaldale police Officer Scott D. Cramer testified of Penberth. "I noticed an odor of alcoholic beverages emanating from him."
When questioned by Assistant District Attorney Robert E. Matta, Cramer also testified Penberth was driving fast and made four turns without signaling.
Officer Joseph Krebs, who was with Cramer, also said Penberth had bloodshot eyes and slurred speech.
Penberth acknowledged he had drunk three beers at a bar in Lansford, but said he was capable of safe driving.
Andrew B. Zelonis, Barnesville, Penberth's lawyer, successfully argued that the evidence was insufficient to prove Penberth could not drive safely, especially since there was no accident.
Also on Tuesday, Dolbin dismissed an appeal by Carlos J. Vega Sr., 47, of Shenandoah, of a charge of harassment when Vega and his lawyer did not appear for the hearing.
As a result, Vega must pay costs and a $100 fine, the sentence imposed by Magisterial District Judge Anthony J. Kilker, Shenandoah.
Shenandoah police had charged Vega with committing the harassment on Jan. 2 in the borough. Kilker had found Vega guilty of, and imposed the sentence for, that charge on March 13, but the defendant appealed the judge's decision on April 10.