Lower Burrell man faces DUI charges – unsafe driving charges after passing line-painting vehicle

Lower Burrell, Pa. – Police in Lower Burrell arrested a Lower Burrell man after the officer observed a driver passing a line-painting vehicle on Leechburg Road on August 15, 2018.

According to the affidavit of probable cause, Sgt. Brendon Noll was on routine patrol in a heavily congested area near Reed Street when he observed the operator pass the line-painting crash truck that was straddled on the roadway to protect the newly painted line and give it time to dry.

Sgt. Noll said a White Chevrolet Cruise swerved around the crash truck, into the center turn lane and then crossed over into the westbound lane of travel in an unsafe manner. Emergency overhead lights were activated as Sgt. Noll pointed for the driver to pull over. Police were able to catch up to the vehicle which had turned off Leechburg Road onto California Avenue where the driver was subsequently identified as David Alan Peck, age 67 of 236 Wayne Street in Lower Burrell.

After speaking with Peck, Sgt. Noll returned to his patrol unit and conducted a check of Peck’s Pa Identification Card which showed that his drivers license was expired since November 2016 and that he had an ignition interlock restriction on his license.

Sgt. Noll returned to the vehicle, asking Peck if he had an ignition interlock in the vehicle and stated that he did not. While speaking with Peck, a strong smell of an alcoholic beverage was emanating from the vehicle. Peck stated to police twice that he had nothing to drink but his passenger told Peck to tell the truth.

Peck was given Standardized Field Sobriety Tests. Peck agreed to a PBT machine test which confirmed the officer’s suspicion. Peck was then asked if he would be willing to consent to a chemical test of his blood, which he replied that he wasn’t going to consent to anything. Peck was then handcuffed behind the back, double locked, and placed under arrest for DUI.

Peck was transported to the New Kensington Police Department where he was fingerprinted and processed for DUI and traffic related violations. He was subsequently released to a relative.

Peck faces the following police charges: M DUI: Gen Imp/Inc of Driving Safely – 1st Off, M DUI: Highest Rte of Alc (BAC .16+) 1st Off, M3 Ill Operate w/o Ignition Interlock (BAC .025+) 1st Off, s Driving W/O A License, S Pass Left Unsafe, S Careless Driving, and S Operate Vehicle W/O Valid Inspect.

A Preliminary Hearing is scheduled on 09/27/2018 @ 2:15 pm before the Honorable Magisterial District Judge Frank J. Pallone Jr.