Kraynak: Lift drinking ban in DUI sentence
SUNBURY - Dr. Raymond J. Kraynak Jr., who was convicted of driving under the influence of alcohol earlier this year, is attempting to have lifted a bail condition that prohibits him from drinking alcohol and going to bars.
Through his attorney Frederick J. Fanelli of Pottsville, the Mount Carmel physician and former longtime member of Mount Carmel Area School Board filed a petition Monday in the county prothonotary's office requesting a condition imposed by Judge Charles Saylor that prohibits Kraynak from drinking alcoholic beverages or attending establishments that sell alcohol to be eliminated.
Kraynak, who was found guilty of one count of DUI by Saylor Aug. 30 and was sentenced to 30 days house arrest Dec. 2 while also having his driver's license suspended for one year, remains free on appeal bail.
Besides being placed on house arrest for the first 30 days of his six-month intermediate punishment, the sentencing conditions require Kraynak to be fined $1,000 and complete a DUI education class. The conditions also require him to stay out of bars and refrain from drinking alcohol.
But imposition of the sentencing was deferred until Kraynak's conviction appeal is heard by the state Superior Court, which can take months.
'Not an alcoholic'
The petition, which will be heard by Saylor, claims the special condition involving the consumption of alcohol is "excessive and entirely punitive in nature because Mr. Kraynak has never failed to appear for a court hearing and has been evaluated by professionals who have determined that he doesn't have a problem with alcohol and is not an alcoholic."
It also states that the special condition "unjustly and unlawfully" prevents Kraynak from engaging in lawful activity such as the consumption of alcohol and frequenting of places that sell alcoholic beverages.
Fanelli claims the special condition will adversely affect Kraynak's ability to participate in the local Polish American Society, of which he serves as president.
The petition, which will be heard by Saylor, points out that Kraynak doesn't have a prior criminal record and is not a flight risk.
Kraynak, 56, was charged by Coal Township Patrolman Matthew Henrich with DUI following an incident at a May 26, 2012, sobriety checkpoint on Route 61 in Coal Township. Kraynak said he thought there had been an accident and stopped to render assistance. Police said he failed field sobriety tests and had a strong odor of alcohol on his breath. Police also said Kraynak's speech was slurred and his face was flushed.
Kraynak, who resided in Kulpmont at the time of the incident but now lives in Mount Carmel, refused to submit to chemical testing.
During a two-hour civil hearing Sept. 17, Northumberland County Judge William H. Wiest dismissed an appeal filed by Kraynak involving an automatic 12-month suspension of his driver's license by PennDOT for his refusal to submit to a blood-alcohol test. If Saylor's sentencing is upheld, Kraynak would lose his license for another year.