Magisterial District Court Report
DUI, Public Drunkenness

Patrick Rother, 48, 19 Evergreen Lake Drive, Mountaintop, has been charged with DUI and Public Drunkenness stemming from an incident that took place on December 21, 2017. Ptlm. Shaun Zane of the Rice Township Police Department filed the charges on that date.

According to the Affidavit of Probable Cause, on December 21, 2017, Ptlm. Zane was dispatched to a report of a fuel spill at the Nelly Travel Plaza gas station located at 3765 Nuangola Road. The caller, identified as Patrick Rother, reported he was pumping gas and walked into the store. When he returned, it was overflowing. Rother reported that he felt approximately 60 gallons of gasoline had leaked.

When Ptlm. Zane arrived on the scene he met with a male standing in front of the store who identified himself as Patrick Rother. Rother, the defendant, pointed out his black Jeep Wrangler still parked at the #2 gas pump. He related the same story to the officer as he had given to the dispatcher. The defendant had started the pump with a credit card and went into the store to purchase the cigarettes. When he returned to the vehicle he found the gas overflowing. As Ptlm. Zane was speaking to the defendant, the officer could smell an intoxicating beverage on his breath. The defendant’s face was flushed and his eyes were glossy and bloodshot. The defendant had an unsteady gait and had difficulty standing without swaying. His speech was slurred and he repeated himself several times.

The officer asked the defendant where he was coming from, to which he replied Slocum VFW. The officer then asked the defendant how much he had to drink that evening. He replied he had been drinking since earlier in the day, as he was at a meeting. When asked how much approximately, the defendant hedged his answer saying a few. When pressed if he meant 2-3 or 8-10 he replied the latter. The defendant went on to state that he was just trying to get gas for his vehicle and was heading home.

At this time, Ptlm. Zane requested that the defendant submit to field sobriety testing. The defendant was given and failed the field sobriety tests. The officer then requested the defendant to submit to a PBT test, to which he agreed. The results of the tests were 0.17%. The officer explained to the defendant that he felt he was under the influence of alcohol and requested him to submit to further blood testing for BAC. The defendant agreed and was transported to Wilkes Barre General Hospital for the test. During the transport, the defendant made several remarks about knowing that he “had too many” and “probably shouldn’t be driving”/ He also stated that he did not want to go to jail because he “Had a bunch of shots and beers”. The test was carried out and the defendant was transported back to his residence on Evergreen Lake Drive.

After dropping off the defendant, Ptlm. Zane returned to the Nelly Travel Plaza where he spoke with the clerk on duty. She stated the defendant was alone and that he “came from up the hill”, meaning north of the store on Nuangola Road, He went to the side of the store several times before purchasing cigarettes. The defendant was in the store with a lit cigarette at one point. The clerk stated she saw the defendant leave the store and return telling her to “turn off the vacuum”. When the clerk attempted to clean the spill, the defendant called for police. The cost of the spill was $75 and it was 25.87 gallons.

The results of the blood tests were 0.197%.

A preliminary hearing has been scheduled January 25, 2018.