YOUNGSTOWN Lawyer acquitted of traffic charge

The judge said the state failed to prove the case beyond a reasonable doubt.
By PATRICIA MEADE
VINDICATOR CRIME REPORTER
YOUNGSTOWN -- Alan R. Kretzer, acting as his own defense attorney, has been acquitted of a reckless operation charge filed during the Peace Race.
Kretzer, a Youngstown lawyer whose office is in the Stambaugh Building on Wick Avenue, acknowledged Wednesday in municipal court that he drove around a barricade on Fifth Avenue, but only to speak to a police officer. Kretzer said he wanted to ask which roads were open to his office.
Some city streets were blocked off that Sunday -- Oct. 6 -- for the annual Peace Race.
Kretzer said he drove slowly and carefully down Fifth and stopped near the Mahoning County jail. He said that instead of giving directions, the officer cited him for reckless operation.
Anthony J. Farris, assistant city prosecutor, argued in court that Kretzer ignored the barricade at the top of Fifth and traveled south on Fifth in the northbound lane while runners were on the roadway.
Kretzer said the runners -- slow stragglers, really -- were about 60 feet from him. At no time, he said, did he show wanton disregard for their safety or drive in a reckless manner.
"At anytime, did you go into the race route?" Judge Robert A. Douglas Jr. asked.
"Absolutely not," Kretzer answered.
What he did
Kretzer, who lives north of the city, said he first drove south on Wick, found it closed near town and turned right on Wood Street, only to confront the barricade on Fifth. The obstruction, he said, closed half the roadway, leaving the southbound lane open.
The lawyer said that's when he spotted the officer and drove down to inquire about directions.
Farris countered that Kretzer knew he wasn't supposed to drive on a closed road and that the runners were not watching for cars, which created a risk. The prosecutor said Kretzer wasn't happy about not seeing a quick way downtown to his office.
Kretzer said the charge wasn't supported by the facts of the case. He said had he been charged with driving left of center, instead of reckless operation, that might have been another matter. Judge Douglas concluded that the state failed to prove its case beyond a reasonable doubt.
meade@vindy.com