One Wheel Too Few

A disciplinary complaint recently filed by the Illinois Administrator

Shortly after 10:00 p.m. on June 25, 2016, Respondent was driving southbound on State Route 3 in Jonesboro, Illinois when he struck a Chevrolet SUV, causing damage to the front, driver-side of that vehicle, and continued driving southbound.

Christine Pyatt (“Pyatt”) and Kaleb Nance (“Nance”) observed Respondent hit the other vehicle and called 911. Nance called 911 on his cell phone, and he and Pyatt followed Respondent in their vehicle. While Nance spoke to the 911 operator, Pyatt used her cell phone to record video of Respondent driving his vehicle all over the roadway on three wheels.

After the 911 call was dispatched, Sergeant Jeffrey Stroehlein (“Stroehlein”) and Deputy Tim Goodman (“Goodman”) of the Union County Sheriff’s Department responded to the area of State Route 3 and State Route 146 West.

Stroehlein observed Respondent’s vehicle sitting on the side of the road and observed the right rear tire was gone and that Respondent had operated the car on three wheels. Stroehlein observed Respondent sitting in his vehicle with the windshield wipers activated and knocked on the driver’s side window to get Respondent’s attention. When Respondent rolled down his window, Stroehlein smelled a strong odor of alcohol on Respondent’s breath and noticed that Respondent’s speech was slurred. Stroehlein asked Respondent for his driver’s license and proof of insurance, and Respondent handed Stroehlein his cell phone. Stroehlein again asked for Respondent’s driver’s license and proof of insurance, and Respondent said he could not produce either.

Stroehlein asked Respondent if he would submit to a standardized field sobriety test and Respondent advised Stroehlein, “No, I don’t think that would be very good for me.” Respondent stumbled as he exited his vehicle and was placed under arrest for driving under the influence.

Stroehlein inventoried Respondent’s car and found a small black case that contained a silver pipe and cannabis. Stroehlein transported Respondent to the Union County Sherriff’s Office where he removed the contents of Respondent’s pockets. Stroehlein found a purple canister in Respondent’s pocket that contained multiple pills including Hydrocodone and Diazepam. Respondent refused chemical tests but admitted that the pills, pipe and cannabis were his and that he “self-medicates with that.”

Stroehlein arrested Respondent for driving under the influence (“DUI”), possession of cannabis and possession of a controlled substance, and transported him to the Jackson County Jail.

On June 27, 2016, the Union County State’s Attorney filed a 4-count criminal complaint against Respondent charging him with two Class 2 felony counts of aggravated DUI, and two Class C misdemeanors for unlawful possession of drug paraphernalia and unlawful possession of cannabis. The case was docketed as People of the State of Illinois v. Paul G. Prendergast, Union County case number 16-CF-118. Respondent was charged with aggravated DUI because he had two prior DUI convictions, a misdemeanor DUI conviction in Jackson County on February 13, 1992, and a misdemeanor DUI conviction in Johnson County on January 5, 2000.

On April 6, 2017, Respondent pleaded guilty to one count of aggravated driving while under the influence, a Class 2 felony. The State dismissed one aggravated felony DUI count, and both misdemeanor counts for unlawful possession of drug paraphernalia and unlawful possession of cannabis. The court sentenced him to 12 months conditional discharge, ordered him to pay fines and costs, and serve 20 days in jail. The court also ordered him to complete an alcohol/substance abuse evaluation and treatment, consume no alcohol and enter no establishment that sells alcohol as its principal business for 12 months, and attend a victim impact panel.

He is also charged with failing to report the conviction as required. (Mike Frisch)