Driving violations bring jail
The defendant is the 'epitome' of the revolving door, lawyer says.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Gerald E. Pusey entered municipal court with nine convictions for driving with a suspended license and left with two more.
Pusey, 45, of Hilton Avenue, could have left with an even dozen, but the 12th driving-under-suspension charge was dismissed in a plea agreement Wednesday. Bassil Ally, assistant city prosecutor, worked the agreement out with Pusey's two court-appointed lawyers.
Judge Robert P. Milich, as he reviewed Pusey's driving record, called it one of the worst he's ever seen.
The judge handed down these sentences that net Pusey 161 days in jail:
Nov. 2 arrest: Driving under suspension, 180 days in jail and credit for 19 days already served; speed, $25 fine, all suspended; and providing false information to avoid a citation, 180 days concurrent with the 161 remaining on the DUS.
April 20 arrest: DUS, 180 days concurrent; and use of unauthorized license plates, 30 days concurrent.
July 22 arrest: DUS and expired-license-plates charges dismissed in plea agreement.
Pusey has been in jail since his arrest Nov. 2, when a crack pipe was found in his car. On Nov. 4, he pleaded no contest to a drug paraphernalia charge and received a 30-day sentence from Judge Milich.
What lawyer said
Before sentencing Wednesday, Pusey's lawyer, Robert J. Rohrbaugh II, said his client hasn't been able to obtain a valid license because of insurance judgments. That may all change now that Pusey has been awarded a military pension, the lawyer said.
Rohrbaugh said his client represents the "epitome" of the revolving door of DUS charges. It would be easy, he said, for the court to say "let's give him the max."
He asked that Judge Milich consider the bigger picture, that if other issues are not dealt with, such as substance abuse, Pusey would continue to drive without a valid license once released from jail.
The lawyer asked that Pusey not be jailed for the maximum but given the opportunity to use his military pension to pay outstanding fines to the Bureau of Motor Vehicles and obtain a valid license.
Judge Milich said he had sympathy for Pusey's situation but added that, based on the driving record, hopefully jail would be a deterrent. The judge said at least jail would keep Pusey off the streets.
The judge did order that Pusey receive drug and alcohol assessment.
In a jail interview last week, Pusey, a self-employed mechanic, said he's bought -- then lost -- probably a dozen cars over the years.
Some cars were forfeited through court order; others he couldn't afford to claim from an impound lot. A valid license and proof of insurance are necessary before a car impounded by police can be released.
Richard J. Billak, chief executive officer at Community Corrections Association, would like to see legislative action that would forgive past-due BMV fines upon completion of a remedial driving course and a petition of indigency filed with the court.
He suggested the Ohio Department of Human Services could then provide a fund for minimal insurance coverage, say six to 12 months, for welfare-to-work clients at $30 to $50 per month.
Billak has asked state Rep. Sylvester Patton, D-64, to explore the possibility of changing the law.
The current BMV setup, Billak said, unfairly targets the working poor and the result is a cycle of repeat offenders. Incarcerating multiple offenders, which costs taxpayers roughly $60 each day and leads to jail overcrowding, isn't the best answer, he said.
meade@vindy.com