Tedd Nesbit

MERCER — A state lawmaker who serves a portion of Butler County was more than twice the commonwealth's legal limit for alcohol last month when he was pulled over after troopers were called for an erratic driver, state police said.

An officer also found an empty bottle of vodka in the back seat of Rep. Tedd Nesbit's sport utility vehicle around 9 p.m. Dec. 8 on Interstate 79 in Findley Township, Mercer County, according to court documents.

On Monday, police charged Nesbit, R-8th, with driving under the influence at the highest rate. He also was cited for disregarding traffic lanes and failing to use turn signals.

The charges were filed at the office of District Judge Daniel Davis in Mercer, more than seven weeks after he was arrested for suspected drunken driving.

Nesbit, 51, of Grove City, in a brief telephone interview Tuesday expressed contrition for his actions.

“I apologize to my constituents,” he said. “I made a horrible mistake. I'm not going to make any excuses.”

Police said they were called for a motorist in a tan sport utility vehicle driving erratically on I-79 south. A trooper spotted the driver, later identified as Nesbit, and got behind his 2005 Chevrolet Tahoe.

The defendant twice traveled from the right to left lane without using a turn signal, documents said.

The trooper activated his emergency lights and made a traffic stop. He noticed the vodka bottle, police said, as he walked up to Nesbit's vehicle.

Police also reported smelling a “strong odor” of alcohol coming from the lawmaker and he appeared to be under the influence.

Nesbit indicated impairment during field sobriety testing, documents said. He subsequently agreed to provide a breath sample at the Mercer barracks.

The breath test showed his blood-alcohol level was 0.175 percent. In Pennsylvania, a level of 0.08 percent is considered intoxicated.

The lawmaker, who was re-elected to a third term in November, said he understands that some people might not be willing to overlook what he is charged with in the complaint, which he did not dispute.

But he asked his constituents to “consider my entire record and not one night making a mistake.”

The 8th District comprises parts of Butler and Mercer counties.

Because he has no prior arrests, Nesbit said he expects to be eligible for the county's accelerated rehabilitative disposition program.

ARD is a common placement for first-time offenders charged with most non-violent crimes and does not include jail time.

Those placed into the program do not admit guilt, but must adhere to requirements set by a judge. Defendants who complete their probationary period in the program have their records expunged.

Nesbit's preliminary hearing was not immediately scheduled. He said he plans to waive the hearing.