MILTON — A Shamokin police officer charged with driving under the influence of alcohol in connection with a one-vehicle accident earlier this year in Ralpho Township waived his right to a preliminary hearing and was ordered to appear for a status conference in Northumberland County Court of Common Pleas.
Patrolman Scott C. Weaver, 49, of Elysburg, who was scheduled for a preliminary hearing Wednesday morning before Magisterial District Judge Michael Diehl, of Milton, appeared before the judge Friday to waive the legal proceeding.
Weaver, who is representing himself, was charged in April by Ralpho Township Patrolman Matthew Filarski relating to a March 31 crash on Route 54 near Lindy Acres Road in Ralpho Township.
His initial hearing on June 6 had been continued.
Diehl was assigned the case after Magisterial District Judge William Cole, of Mount Carmel, recused himself due to a potential conflict of interest since Cole, in his role as an assistant district attorney, worked with Weaver prior to becoming a judge.
The state Attorney General’s Office is prosecuting the case because the district attorney’s office has a conflict with Weaver being a police officer.
Weaver, a longtime patrolman on the force, was charged with two misdemeanors of driving under the influence of alcohol (one for having a blood-alcohol content between .10 and .16 percent and the second for general impairment), and summaries of careless driving and failing to drive in the correct lane.
An affidavit said Weaver had a blood-alcohol content of .119 percent. The legal limit is .08 percent.
Filarski said he could smell alcohol on Weaver when he responded to the 6:32 p.m. crash. Police said Weaver failed to negotiate a left curve, causing his car to ascend a small embankment, shear a utility pole and hit a mailbox and several small trees before coming to rest on the embankment.
Filarski said Weaver, who was not on duty at the time, had bloodshot eyes and admitted he consumed alcohol.