Judge says Ruffsdale man’s DUI charges to stand
A Ruffsdale man Tuesday lost a bid to have a charge of homicide by vehicle while driving under the influence (DUI) against him tossed out of court. After a brief hearing in Fayette County Court, Judge Steve P. Leskinen determined that prosecutors did not hamper Michael Geyer’s right to a speedy trial, as his lawyer contended.
On March 26, 2003, Geyer, 34, hit Robert Hyland Jr.’s vehicle along Route 119 in Bullskin Township. Police said the impact of the collision forced Hyland’s vehicle, which was stopped at a red light, into the intersection.
The 24-year-old died shortly after the accident.
Later tests showed that Geyer’s blood-alcohol level was .16 percent, over the then-.10 percent legal intoxication limit for motorists in Pennsylvania. He is charged with homicide by vehicle while DUI, homicide by vehicle, aggravated assault while DUI and two other related charges. A reconstruction expert determined that Geyer was traveling 64 mph in a 55 mph zone at the time of the accident.
Geyer pleaded guilty in the case, but at a sentencing hearing in January, a judge refused to sentence him to the three- to six-year plea bargain.
According to the court transcript, Geyer withdrew the plea at that time. That gave prosecutors a full year to bring the case to court.
But calculations done by Geyer’s attorney, William J. Wicker, claimed that prosecutors failed to meet that deadline. He told Leskinen that the case, by his count, expired in early June.
Citing criminal rules that govern how long prosecutors have to bring someone to trial, Leskinen denied the motion.