Former Springettsbury Township police officer Gary Utter, 39, pleaded guilty to a misdemeanor charge of driving under the influence of alcohol, The York Dispatch reported.
But although he was sentenced to 28 days to six months in York County Prison, the judge gave him credit for 28 days served in a rehabilitation center for substance abuse. Gary Utter was ordered to surrender his driver's license for 30 days and must pay a $500 fine, according to Pennsylvania DUI lawyer Korey Leslie.
The former cop was charged after his police cruiser swerved and struck a stone wall on Aug. 23, 2008 while on duty, according to police records. He had a blood-alcohol concentration of 0.123 percent at the time, above the 0.08 percent threshold for a DUI in Pennsylvania.
Attorney Korey Leslie said his client checked into rehab for alcohol addiction that day and has improved since. He admitted to having an alcohol problem and said he drank 12 beers the night before the crash but said he was not drunk when he started his shift the next morning at 6:00 a.m.
Korey Leslie told reporters why his client decided not to keep fighting the charges:
"The primary reason is that this has been going on for more than two years, and he just wanted to close this chapter and move on."
But he also realized that he would be able to successfully appeal the York County District Attorney's decision to deny his request for the Accelerated Rehabilitative Disposition program, which allows first-time nonviolent offenders to avoid a conviction.
However, his attorney told reporters he believed it was "a very fair resolution." He served on the force for seven years and was fired on Oct. 10, 2008 following his arrest.
Contact a Philadelphia DUI lawyer if you have been arrested for driving under the influence.
Related Resources:
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Pennsylvania DUI Law (FindLaw)
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Browse Philadelphia DUI Law Firms (FindLaw)
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DUI First Time Offenders May Get Interlock Devices (FindLaw's Blotter Blog)
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