Fight A DUI

John P Muncer, 47, was arrested and charged with DUI following a minor accident at the American Legion post in Point Township, PA Thursday evening. Muncer, an active Northumberland County assistant District Attorney, has checked into an in-patient rehabilitation program Friday after being charged with two counts of driving under the influence and careless driving.

The county’s District Attorney, Tony Rosini, said that the criminal case will be handled by the state Attorney Generla’s office, and that Mr. Muncer is taking a voluntary paid (sick) leave during rehab, and may face diciplinary action upon his return.

With the weekend arrest of a woman who critically injured a pedestrian while driving under the influence put the State College police above the record of 430 nighttime DUI arrests in a year, with a month of holidays to go. The arrest of Katherine Applegate (23) - who was driving a Ford Explorer with a BAC of .208, twice the legal limit, when she hit pedestrian Michael Drauch (18) - tied the department’s record set in 2003.

The department did not explain the increase in arrests, but speculated it could be either more people driving drunk, increased enforcement by police, or some combination of the two factors.

A legal blunder by the prosecutor prompted a judge Monday to dismiss DUI charges against a Centre Hall man. 

David Baird Jr., 39, of 351 Greens Valley Road, had been charged with DUI and a summary following an arrest earlier this year. Police said he had a blood alcohol content of .30 percent, more than three times the legal limit to drive in Pennsylvania.

However, during his trial Monday, Centre County Assistant District Attorney Lance Marshall failed to ask a police witness to identify Baird as the defendant.

Defense attorney Phil Masorti, realizing Marshall’s error, asked for and was granted a dismissal of the charges by Centre County Judge Bradley P. Lunsford.

Baird cannot be retried.