SUNBURY - A Mount Carmel Area School Board director's driver's license has not been revoked while he appeals a civil penalty for refusing chemical testing during a drunk driving arrest.

Dr. Raymond J. Kraynak Jr., 55, of Kulpmont, is also fighting a single criminal count of driving under the influence of alcohol in

Northumberland County Court, having formally pleaded not guilty earlier this month.

"Of course he entered a plea of not guilty because he is the victim," said his criminal defense attorney, James Zurick. "This is a good samaritan who gets snagged to satisfy a road block quota. It's not right and it's not fair."

A civil appeal to the automatic one-year driver's license suspension was filed Aug. 2 on Kraynak's behalf by attorney Francis P. Bach. The suspension was to begin Aug. 10.

An order was issued Wednesday in county court allowing the hearing on the civil matter to be delayed six months until April 23, 2013, providing time for proceedings in his criminal case to unfold.

The prosecution, according to Bach's court filing, does not object to the delay.

The one-year suspension is a civil penalty that is applied to anyone who refuses chemical testing in a DUI arrest, regardless of the outcome of the criminal case. An appeal to the penalty is allowed under the state vehicle code.

Kraynak, a physician, was arrested May 26 and charged with one count of drunk driving after he stopped at a sobriety checkpoint on Route 61 just east of Shamokin, telling police he thought he had driven upon an accident scene and wished to render aid.

Police officers claim his speech was slurred, that he was staggering at the scene and that he failed field sobriety testing. He was placed under arrest and subsequently refused to have blood drawn for chemical testing.

His criminal case was bound to Northumberland County Court on Aug. 21 during a hearing before Magisterial District Judge John Gembic III.

Gembic said at the hearing that he was accustomed to DUI cases with "a lot more evidence" while acknowledging the prosecution only had to prove enough evidence exists to have a case bound to commonwealth court. When it reaches trial, the prosecution must prove guilt beyond reasonable doubt.

A pre-trial conference in the criminal case is scheduled for Nov. 2.