Magisterial District Court Report

Joseph Fortune, 33, 240 Morio Drive, Mountain Top, has been charged with DUI, Driving Without License, Duties at Stop Sign and Restrictions on Alcoholic Beverages. Wright Township Police Chief Royce Engler filed the charges on May 23, 2016.

According to the Affidavit of Probable Cause, on May 23, 2016 at approximately 9:21 p. m., Chief Royce Engler was observing traffic at the intersection of S. Main and Church roads which is a four-way posted stop intersection. Chief Engler observed a vehicle traveling north on S. Main Road and proceed to make a right turn onto Church Road without stopping for the stop sign. Chief Engler proceeded to make a traffic stop of this vehicle on Church Road.

The operator of the vehicle was identified as Joseph Fortune, 240 Morio Drive, Mountian Top. While speaking with the operator, an odor of alcoholic beverage was detected on his breath. The operator was very nervous and was operating the vehicle with no shoes on. There was also an open case of Busch beer in the rear of the vehicle. The operator produced a photo copy of his Operator’s License to Chief Engler. The operator stated that everything was up to date on it. Chief Engler requested a recod check on the Operator’s License and found that the license was suspended. The operator was operating a Ford Taurus registered to John Robert Fortune, 240 Morio Drive, Mountain Top.

Officers Fromm and Deets arrived on the scene to assist. Both officers also detected an odor of alcohol on the operator’s breath. Officer Fromm asked the operator if he would perform Field Socriety Tests. The operator failed two of the three tests and was asked if he would take a PBT Test. Officer Deets administered the test and the results were .097%.

Chief Engler asked the operator if he would submit to a Chemical test of this blood. He asked how that would benefit him. It was explained that if he did not take the blood teset he would lose his Operator’s License for one year. The operator was more worried about his vehicle going to be towed than anything else. He kept saying he just wanted the easy way out and was sweating profusely. Again he was told he should take the blood test. The operator stated he just wanted to pay the fine and get it over with. Officer Deets read the Chemical Test Warnings. The operator then signed and dated the Refusal Form.

A Preliminary Hearing has been continued to August 3, 2016 at 10 a. m. before Magisterial District Judge Gerald Feissner.