from what I understand its not carl garz jr first run in with the law I heard he had a disorderly from drinking and cant remember the other .he should be fired.How will he does his job to his full potential with out his drivers license? Doesnt your license get suspended after a dui for 30 days? So how can he do hid job. the city fired Mike Brazil for not having a drivers license under a different circumstance and never found any alcohol in him,the mistake he made was not accepting a blood test.This city should have fired a lot of its employees for violation,stealing,drug abuse,dui,stealing drugs out of some ones purse even more of a reason to fire.Its time to drop the hammer on some of these less than desireable people.PS; i have met carl sr and think he is a stand up guy caught in the middle of his kids poor decision making but he is still his father non the less.
Concerning Pat Rogan the kids across the hall just wanted someone who would not think for themselves ... they wanted someone who would go in there and blindly follow whatever the Janet Evans agenda would be. It's really sad when you think about it ... they do not want someone who will go in making informed decisions. My only hope it this ... that Mr. Rogan will go into this being his own man ... and that he will not buckle under the pressure of being slammed on DD because he is doing the right thing. And no for the record I did not vote for Mr. Rogan. But if he truly is looking to do things the right way then I regret that I made a choice not to vote for him. Good luck to these young men who made the decision to help lead our city as I do not think that they knew what they were getting into when it comes to the LoD and the DD'ers.
__________________
I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
The puppy is back on its leash after an hour of chasing cars up and down a political highway already loaded with roadkill of the virgin and veteran kind. Unable to reverse an error jettisoned by a young tongue that spoke four years ahead of its graduation date from the Scranton College of Political Wisdom, a politically promiscuous Mr. Rogan unilaterally scheduled himself to appear with the mayor and various cabinet staff to discuss budgetary process. He couldn't back out of it without embarrassing himself and making the mayor look good, one way or another.
Mr. Rogan kept that appointment with potential disaster in a timely manner, but he was flanked on one side by Janet Evans and by Frank Joyce on the other. The newly elected majority listened to the mayor pitch the need for a new Library Authority that he wants to create so he can transfer the deeds to the libraries to the new authority and they can then give them away to LJC or Da U. See South Side Complex. The current library board is loaded with cronies, by the way. Doherty wants this new authority to get busy laying the groundwork for a new library that will raise taxes, which library the county wants nothing to do with for that reason.
With Mrs. Evans functioning as the spokesperson for the new majority, the mayor was respectfully and courteously thanked for his invitation, but he was provided with no indication as to whether or not the new majority approved or disapproved of the creation of a new Library Authority.
__________________
I want everyone to stop and think about one thing ... Joe Pilchesky is not a lawyer ... he's just a guy playing a lawyer on the internet. Please don't trust your legal needs to this man.
from what I understand its not carl garz jr first run in with the law I heard he had a disorderly from drinking and cant remember the other .he should be fired.How will he does his job to his full potential with out his drivers license? Doesnt your license get suspended after a dui for 30 days? So how can he do hid job. the city fired Mike Brazil for not having a drivers license under a different circumstance and never found any alcohol in him,the mistake he made was not accepting a blood test.This city should have fired a lot of its employees for violation,stealing,drug abuse,dui,stealing drugs out of some ones purse even more of a reason to fire.Its time to drop the hammer on some of these less than desireable people.PS; i have met carl sr and think he is a stand up guy caught in the middle of his kids poor decision making but he is still his father non the less.
He hasnt lost his license, he drives to work everyday. A person does not necessarily lose their license with every DUI. It depends on the level of alcohol in the persons system (BAC), also if a person is granted ARD they will not lose their license. It is also common for a work related waiver to be issued, meaning the person can drive while their license is suspended for work related matters only. All this is moot however, because according to the justice portal website, he has not been charged with DUI. Here is where I think they are jumping the gun. Just because an officer smells alcohol and requests a BAC test, does not mean the person was DUI, in fact probably 25% of BAC test results come back under the limit. For instance a 200 pound male can have roughly 7 drinks in 3 hours and be under the limit, there are various factors that come into play, but that is a estimate.
My point is, we shouldnt crucify someone before they are even charged, as we do not know the entire story, and people do make mistakes, hopefully this is a wake up call for him. I know carl and I do not have a bad thing to say about him, he is young, he needs to understand that he has alot of responsibility, most people his age are partying every night, he needs to understand that he has to watch what he does as he is in a public position. I am siding with the mayor on this one, people make mistakes, and I am sure everyone knows a good person, who made a stupid mistake, probably relating to alcohol.
"My point is, we shouldnt crucify someone before they are even charged, as we do not know the entire story, and people do make mistakes, hopefully this is a wake up call for him."
Errr.....Whynot?? You understand if you try to spread that good commmon sense across the hall you will be "assimilated" right?
for one thing the channel 16 said he was arrested along with (wilk )now I am not a cop or lawyer but I believe the legal limit in Pa is .08 and if you refuse a blood alcohol test or breathalizer it is automatic suspension and a person tested .08 does loose there license and get ard.It would make sense because people would drink and drive more often knowing even if the blew over the legal limit,get ard and still have there license I always heard it was automatic 30 days.I also dont think the hearing if he has one (cough cough) wouldnt come up for a while.I believe in people getting second and even third chances.But when your father is who he is and pretty sure got him his job ,not pretty sure positive he got him it and should watch there step at all time because people look at you through a microscope. Lets face it this city of corruption has to end.And if he is charged with a dui he sould loose his job due to job productivity,or will the city offer him a driver to do his inspections.It just comes down to ethics.Funny I said ethics and city politics in the same paragraph .Like I said his dad a great guy ,maybe jr needs to find a new hobby.Because lets face it the city cops and city leaders are at odds and if some one can drop a dime on the good ol boys the will.I know a few people who got arrested ,was over the legal limit and for some reason the paper work got lost after it left the cities hands.one for the little guys I guess
for one thing the channel 16 said he was arrested along with (wilk )now I am not a cop or lawyer but I believe the legal limit in Pa is .08 and if you refuse a blood alcohol test or breathalizer it is automatic suspension and a person tested .08 does loose there license and get ard.It would make sense because people would drink and drive more often knowing even if the blew over the legal limit,get ard and still have there license I always heard it was automatic 30 days.I also dont think the hearing if he has one (cough cough) wouldnt come up for a while.I believe in people getting second and even third chances.But when your father is who he is and pretty sure got him his job ,not pretty sure positive he got him it and should watch there step at all time because people look at you through a microscope. Lets face it this city of corruption has to end.And if he is charged with a dui he sould loose his job due to job productivity,or will the city offer him a driver to do his inspections.It just comes down to ethics.Funny I said ethics and city politics in the same paragraph .Like I said his dad a great guy ,maybe jr needs to find a new hobby.Because lets face it the city cops and city leaders are at odds and if some one can drop a dime on the good ol boys the will.I know a few people who got arrested ,was over the legal limit and for some reason the paper work got lost after it left the cities hands.one for the little guys I guess
There are tiers, .08-.99, .10- ..... etc... 3 tiers, if a person is at General Impairment, .08-.99 and has no prior DUI, that involves a $300 fine, up to 6 months probabtion, a highway safety class, and treatment if ordered.... there re varying circumstances such as if a person attended treatment, that can drop someone down from tier 2 to tier 1, etc.... ARD is only offered one time every so many years for non-violent offenses, and in the case of a first time dui, if accepted into ARD there will be no license suspension, as you will not have a dui on your record, again even if you received a 12month suspension, there is an occupational waiver for driving as a condition of employment. All of this is a moot point however, as we do not know of the charges, what if he was .06, then all these accusations were for nothing. Saying he should lose his job is ridiculous, as it had noting to do with work, how many times does a person in either a private or public job get fired for a DUI? RARELY, why, because people make mistakes, now if it is repeated then there is a serious concern. Should he be treated the same legally if he was drunk, Absolutely. Are we capable of being the arresting officer, prosecutor, judge, and jury? I don't believe so. Go to DUI court on Thursdays in central court, and you tell me that everyone of those dozens of people should lose their jobs because of a mistake.
its quite obvious your a cop or lawyer I said if your job requires you to have a drivers license and you cant do your job due to a dui you should be fired whether you are a city employee or not enough people get killed or kill people due to alcohol.Send a message,this time he didnt hurt any one but next time he may .If his father wasnt who he was no one wouldnt even know .And I am not a dd I was banned for speaking a truth about our favorite,there favorite Ms Janet.The reason I am concearned this was not his first alcohol induced arrest I was told he had a disorderly due to alcohol.One mistake no problem we all make them Two is more than questionable.What ever people say or think Doherty will stand behind him which is no skin off my back either way,it has no bearing on my life.But he threw a few under the bus along the way and what is good for one should be good for the other. WE all make mistakes but we are adultsAND SHOULD BE ACCOUNTABLE FOR THEM NOT JUST ANOTHER EXCUSE! Enough people use poor judgement but you cant call it a mistke.The reason I am aggrivated by this is a family member was severely brain damaged from a mistake and will never ever be the same and his family wont either.Thats why I dont call them a mistake, a mistake is coloring out side the lines
"Thats why I dont call them a mistake, a mistake is coloring out side the lines"
Very, very well said Hammer. If the law says that stealing from a store is illegal, then anyone caught stealing from a store is breaking the law; that's mighty different than simply making a "mistake" by stealing from the store. A "mistake" is when I pick up unsalted, as opposed to salted butter from the supermarket. Regarding booze and cars, it seems to me that law is pretty clear here: drinking and driving is illegal, period. Now we don't live in Saudi Arabia and I'm not advocating for Shariah, but I am saying that getting behind the wheel of a car while blitzed is a far more serious offense that how it is sometimes treated.
__________________
Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
I agree with both of you on the seriousness of drunk driving. I am not arguing that. The point I am trying to make is that people are jumping to wild conclusions and calling for a person to be fired before they have even been charged with a crime. Just because soemone is arrested does not mean they will be or are cahrged witha crime, just like beause someone is NOT arrested dosnt mean they will not be charged witha crime at a later date, it happens all the time. Example; a person is "Arrested" because they were involved in a bar fight. They are taken in, processed, etc.After further investigation it is determined that the person was only trying to break up the fight, no charges filed because no crime occurred. A person is arrested for the suspicion of DUI and is asked to submit to a BAC, if that BAC comes back below .08 then DUI charges are not filed. That isnt to say that a recklass driving charge , etc. cannnot be filed at a later date as well. This is why I say that we shouldnt chastise someone without even knowing the details. I am in no way trying to downplay a DUI, but I bet we all know someone who received a dui, where there were no injuries, they may have paid their fines etc, but probably didnt lose their job. Just like there have been 2 Scranton PD officers who were arrested for DUI in the last 6 months or so, neither lost their job. DUI is a crime, no doubt, but it happens to a lot of good people who make a poor choice, it should be a lesson learned. That is why the law is fairly leniant on a first time DUI offender and harsh on repeat offenders.
Point well taken, and you are absolutely correct in that everyone is innocent until proven guilty in a court of law. I do agree also that requiring that someone forfeit a job (or anything else) while under suspicion of drink driving is wrong.
...is it effective? At what rate do ARD participants re-offend? ...is it applied fairly?
Regarding the second point, I have no reason to believe that it is not, but I think that any program like this should be periodically reviewed to ensure that it isn't being used selectively. If a School Board Member gets into ARD after a first offense, then I expect that "Bob the drug store clerk" will get in as well, all things being held equal.
Lastly, I do have a philosophical problem with ARD, in that it does treat the crime of driving drunk less seriously than other crimes. For example, do we honestly think that some 18 year old kid caught with a small amount of marijuana is really more of a danger to society that some idiot driving four tons of Ford Excursion while blitzed on booze? Yet in PA, the kid with the pot gets a criminal record and bozo driving the monster truck with vodka in his veins gets a shot at having a record expunged. To me, it just seems to point to the fact that booze is nothing more than the drug we've somehow chosen to be legal (mostly for economic reasons I suspect), and as a result we hold it's abuse at a far lower standard than we do other substance abuses OR other crimes. There is no ARD program for people that steal food or medicine out of personal necessity.
By way of disclaimer, I'm not advocating for the legalization of marijuana (I've never tried it), I'm not excusing theft for any reason and I'm not calling for a new prohibition (although I do confess that I don't drink).
-- Edited by Agamemnon on Thursday 19th of November 2009 06:44:34 AM
__________________
Free Speech does't require a multi-paragrah disclaimer Mr. Pilchesky.
Point well taken, and you are absolutely correct in that everyone is innocent until proven guilty in a court of law. I do agree also that requiring that someone forfeit a job (or anything else) while under suspicion of drink driving is wrong.
...is it effective? At what rate do ARD participants re-offend? ...is it applied fairly?
Regarding the second point, I have no reason to believe that it is not, but I think that any program like this should be periodically reviewed to ensure that it isn't being used selectively. If a School Board Member gets into ARD after a first offense, then I expect that "Bob the drug store clerk" will get in as well, all things being held equal.
Lastly, I do have a philosophical problem with ARD, in that it does treat the crime of driving drunk less seriously than other crimes. For example, do we honestly think that some 18 year old kid caught with a small amount of marijuana is really more of a danger to society that some idiot driving four tons of Ford Excursion while blitzed on booze? Yet in PA, the kid with the pot gets a criminal record and bozo driving the monster truck with vodka in his veins gets a shot at having a record expunged. To me, it just seems to point to the fact that booze is nothing more than the drug we've somehow chosen to be legal (mostly for economic reasons I suspect), and as a result we hold it's abuse at a far lower standard than we do other substance abuses OR other crimes. There is no ARD program for people that steal food or medicine out of personal necessity.
By way of disclaimer, I'm not advocating for the legalization of marijuana (I've never tried it), I'm not excusing theft for any reason and I'm not calling for a new prohibition (although I do confess that I don't drink).
-- Edited by Agamemnon on Thursday 19th of November 2009 06:44:34 AM
Yes, ARD is applied fairly, if the person is eligible (meaning the crime is non-violent, and this is their first offense). I do not know about the recidivism rate associated with people who have gone through ARD, but they only get one shot at it so if they do come back, they are being fully prosecuted. Also, each one of those crimes you listed up above is ARD eligible. Many first time offenders receive ARD for possession of marijuana or paraphernalia.
Ag maybe I should of been a little clearer on what I meant.If a person is convicted of a dui and cant do there job due to a lost license i believe they should lose the job because it will inhibit them to do the job effeciently,I have known people who have lost jobs due to zero tolerance rules .I think people are innocent until proven guilty but in this town full of cronies a lot of people get a way with far to much because of who they know and seeing this is his second run in with the law over the booze . In these poor economic times every one check themselves and leave there keys at the door if boozing.We all can be replaced unless your one of Dohertys chosen ones.And also agree that ard rules should be checked over orrevamped because they say ard is a rehabilitation tool,to me its a money maker which excuses first time offender with a fine and classes may be thats why people drink and drive with no consequences, I am no angel! But know of people who swear going to meeting helps with sobriety,not saying he is an alcohol ,but we know a true alcoholic never sees it as a problem, good luck to him he is a young man with a full life a head of him,use it wisely.
From the poster "whynow": Yes, ARD is applied fairly, if the person is eligible (meaning the crime is non-violent, and this is their first offense). I do not know about the recidivism rate associated with people who have gone through ARD, but they only get one shot at it so if they do come back, they are being fully prosecuted. Also, each one of those crimes you listed up above is ARD eligible. Many first time offenders receive ARD for possession of marijuana or paraphernalia.
I strongly disagree. While many poeple are eligible for ARD (Accelerated Rehabilatative Disposition) not all are able to get it. First, the DA must agree to it, and their must be no objections from the police officer. (actually, the DA's office doesn't care what the cops think, but pretend to for appearance sake)
Second, the person must pay a fee to enter the program; I think it's about a thousand dollars now. How many people who can't even afford a lawyer have a grand laying around for ARD?
Finally, the crime does not have to be non-violent. I have repeatedly heard of instances where offenders charged with crimes like simple assault, and even resisting arrest received ARD.
As for the DUI laws, they have been driven (no pun intended) in a large part by anti-drinking groups such as MADD who have huge lobbies for their cause. Personally, I don't understand how a normally law abidig person can stay at happy hour a bit too long trying to get the phone number of a pretty girl, and now with a .08 BAC is arrested like it's the crime of the century. Conversely, a bullying person intentionally punches out some meek guy in a road rage incident, and gets a plea bargain to harrassment. (just one example) Maybe the 98 pound weaklings of the world need a lobbyist too.
DUI's involving accidents or injury not withstanding.......