Clay Twp. driver receives jail, probation for 9th DUI
A Clay Township man has been sentenced for committing the same crime for the ninth time.
Brian Kummer, 50, of Clay Township was sentenced Thursday for his ninth driving under the influence offense.
Since it was his second DUI in 10 years, Kummer avoided some of the higher penalties that are associated with serial DUI offenses.
Judge William Shaffer sentenced Kummer to six months to a year in jail along with a total of 18 months of probation and $3,250 in fines.
Kummer pleaded guilty Nov. 2 to driving under the influence and another misdemeanor related to driving under the influence.
He was immediately paroled from jail with the agreement that he wears for six months a Secure Continuous Remote Alcohol Monitor, an ankle bracelet that alerts law enforcement and probation and parole officers when the person wearing the device consumes alcohol.
Police arrested Kummer on May 8 when Trooper Philip Treadway was running a speed check on Mercer Road near Blossom Drive around 10:20 p.m. when his hand-held radar device clocked Kummer's car going 60 mph in a 35 mph zone.
Kummer said he had four beers earlier that evening, police said, and he subsequently showed impairment during field sobriety testing.
A breath test at the barracks in Butler Township indicated his blood-alcohol level was 0.118 percent. A level of 0.08 percent is considered intoxicated under state law.
According to court records, he pleaded guilty to DUI number eight, or his first in 10 years, on July 12, 2019, and was he sentenced in that case to three months in county prison and five years on the Intermediate Punishment Program.
