Carbon County court — DUI

A Weissport man was sentenced to a prison term on assault and driving under the influence charges on Tuesday in Carbon County court.

He was one of eight defendants who previously entered guilty pleas to DUI and related counts who were sentenced by Judge Steven R. Serfass.

Franklin incident

Austin Ray McBride, 23, was sentenced on charges of simple assault, institutional vandalism, terroristic threats and DUI.

He was arrested on Jan. 9 by Franklin Township police when they responded to a reported domestic incident along Main Road. On scene a female victim told police that McBride, a former boyfriend, had assaulted her.

Police took McBride into custody. While in the police cruiser, McBride began kicking the interior of the vehicle, causing damages. He also threatened the arresting officer, Frank W. Buonaiuto.

In the DUI case he was arrested by Mahoning Township police on June 5, 2016, along Mill Road.

On the DUI charge Serfass sentenced him to serve 72 hours to six months in jail, a fine of $1,000, and a one-year license suspension.

On the threats, simple assault and institutional vandalism charges he was sentenced to time-served, 106 days, to one day one day less 24 months followed by 24 months probation with the terms running consecutively. He was also ordered to make restitution to the township for $707.41 for damages done to the police cruiser. He must also get both drug and alcohol and mental health evaluations and render a total of 325 hours of community service.

Other cases

Patrick Fitzgerald Alba, 33, of Pottstown, Montgomery County, was sentenced to serve 90 days to 60 months in prison, a fine of $1,500, license suspended for 18 months and render a total of 150 hours of community service when paroled.

He was arrested on March 28, 2016, along Route 209 in Franklin Township by state police at Lehighton. A test revealed the presence of a controlled substance.

On a drug paraphernalia charge he was placed on probation for a year, concurrent with the DUI count.

He was given credit for 37 days already served and will begin serving the remaining time on April 26 at 5 p.m.

Walter Earl Allen II, 38, of Palmerton, was sentenced on two driving under the influence of a controlled substance charges in two separate cases.

He was arrested Nov. 26, 2016, by Lehighton police and again on Feb. 20, 2017.

On the first case he was sentenced to serve 72 hours to six months in jail, a fine of $1,000 and one-year license suspension. On the second case he was sentenced to serve 90 days to 60 months, a fine of $1,500 and a license suspension of 18 months. The jail terms run concurrently.

Allen is currently an inmate in the state correctional institution at Waymart, Wayne County, serving a parole violation. The terms run concurrently with the state sentence.

Patrick John Michael McLaughlin, 50, of Nesquehoning, was sentenced for DUI and also on a charge of possession of a controlled substance. The DUI arrest occurred on June 12, 2016, by Jim Thorpe police and the drug count on Dec. 10, 2016, also by Jim Thorpe police. He also pleaded to driving under suspension — DUI related, in that case.

On the DUI charge Serfass sentenced him to serve 12 to 60 months in prison, a fine of $2,500, and license suspended for 18 months. On the suspension charge he was sentenced to serve 45 to 90 days in jail and a fine of $500. The jail term is concurrent with the DUI charge.

On the drug count he was sentenced to serve six to 12 months in prison, concurrent with the DUI charge.

He was also ordered to render a total of 150 hours of community service when paroled and zero tolerance for drug or alcohol use.

He was given four days credit on the jail term. He will begin the jail term at 9 a.m. on April 27 and was granted work-release privileges.

Heather Moser, 27, of Weissport, was sentenced on a DUI count. Before the sentencing proceeding she entered a guilty plea to one count of possession of drug paraphernalia for an incident in Franklin Township on June 6, 2017. Police went to the Country Suites Hotel along Interchange Road to serve a search warrant on another person. Moser was found in the room with the drug paraphernalia.

She was arrested on the DUI charge on March 19, 2017, by Lehighton police along Route 443. A test revealed the presence of a controlled substance.

On the DUI count Serfass sentenced her to serve 72 hours to six months in jail, a fine of $1,000 and one-year license suspension. On the drug count she was placed on probation for six months, consecutive to the DUI charge. She must also render a total of 75 hours of community service.

She was given credit for three days spent in jail on the DUI charge and paroled.

Gerald M. Graham, 43, of Bethlehem, was sentenced to serve 72 hours to six months in jail, a fine of $1,000, one-year license suspension and 25 hours of community service. On a driving under suspension charge he was fined $200.

He was arrested on Jan. 2, 2016, along Route 443 by Lehighton police. A test revealed the presence of a controlled substance.

He was given credit for 15 days spent in jail on the charge and paroled.

Timothy Patrick Schaub, 38, of Palmerton, was sentenced to serve 30 days in jail followed by 59 months in the Intermediate Punishment Program with the first 60 days on electronic monitoring. He was fined $1,500, his license was suspended for 18 months and he was ordered to render 100 hours of community service.

He was arrested on June 16, 2017, by Palmerton police along Delaware Avenue. A test revealed the presence of a controlled substance.

He was given credit for 25 days spent in an inpatient rehabilitation program and will begin serving the remaining five days on April 27 at 5 p.m. and serve it on consecutive weekends.

Kristin Marie Tyahla, 30, of Weissport, was sentenced to serve 72 hours to six months in jail, a fine of $1,000, one-year license suspension and render 25 hours of community service. On a charge of driving under suspension she was fined $200.

She was arrested on April 23, 2016, by state police at Lehighton along Seventh Street in Lehighton. A test revealed the presence of a controlled substance.

She was given credit for one day spent in jail on the charge and will begin serving the other two days at 9 a.m. on April 30.

Each defendant must also pay court costs of about $1,000, a $50 per month supervision fee while on parole or probation and follow any recommendation of their drug and alcohol evaluation.