News

September 3, 2010

4th DUI results in prison time

By Sheena Delazio sdelazio@timesleader.com
Times Leader Staff Writer
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WILKES-BARRE – A West Pittston man was sentenced Friday to one to five years in state prison for his fourth driving under the influence offense.

Elvis James Jopling, 51, of RD 4 Box 382, was sentenced by Senior Judge Kenneth Brown on two counts of driving under the influence and one count of driving with a suspended license.

Jopling, who is represented by attorney Joseph Yeager, pleaded guilty to the charges in December 2009. Assistant District Attorney Jarrett Ferentino prosecuted the case.

West Pittston police said Jopling was involved in a two-vehicle crash on Wyoming Avenue and Delaware Avenue on Nov. 12, 2006.
Jopling’s sentencing had been delayed a number of times, including recently because Jopling had undergone surgery.

In the 2006 case, police said the driver of a 2000 Mercury, Daniel Kazmierski, was not injured in a crash in which he said he was stopped at an intersection when his car was struck by a 2000 Saturn driven by Jopling.

Police said they could smell a strong odor of alcohol on Jopling and he had slurred speech and bloodshot eyes. Jopling admitted to police he had been drinking and was coming back from a hunting trip in New York state.

Jopling had a blood-alcohol content of .321 percent, four times the legal limit, police said. An adult in Pennsylvania is considered intoxicated with a BAC of .08 percent.

Jopling had been charged twice in 2000 and once in 2003 with driving under the influence, according to court records.

For the 2003 offense, Jopling had been sentenced to the county’s Intermediate Punishment Program for two years, with the first six months on house arrest with electronic monitoring.

At Jopling’s sentencing, he was ordered to pay $3,865 in fines and to undergo a drug-and-alcohol evaluation.

Brown also ordered Jopling to attend an alcohol safe driving school and to avoid drugs and alcohol. Jopling must surrender his license for 18 months and participate in the Ignition Interlock System for one year, which requires a driver to blow into a small handheld alcohol sensor unit that is attached to a vehicle’s dashboard. The car cannot start if a driver’s BAC is above a certain percentage.

Brown said Jopling is eligible for the county’s Recidivism Risk Reduction Incentive program after serving 13 ½ months in prison.

The program gives non-violent offenders the chance to get out of prison earlier if they comply with requirements.

 

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