TIFFIN — A Lancaster man was sentenced to jail Wednesday after a Tiffin-Fostoria Municipal Court jury returned a guilty verdict against him for driving under the influence of alcohol.
51-year-old Brian J. Miller, of Lancaster, Ohio, was charged with impaired driving following a traffic stop on W. Market St. in Tiffin on Aug. 31, 2019.
According to court documents, Miller was going 49 mph in a 35 mph zone on W. Market St. and was stopped by Sergeant Jake DeMonte of the Tiffin Police Department.
After detecting signs of impairment, Sergeant DeMonte administered field sobriety tests and a breathalyzer test to Miller. After the tests were completed, Miller was charged. The breathalyzer test showed Miller had a BAC (breath alcohol content) of .129.
The case, which was prosecuted by Assistant Prosecutor Charles Hall, was the subject of a one day jury trial — the second jury trial to take place amid the novel coronavirus pandemic.
Social distancing, wearing of face masks, extensive cleaning, and other precautions were taken during the jury trial to prevent the transmission of the virus.
Miller testified on his own behalf, and his attorney, Dean Henry, argued that Miller was not impaired as alleged by police.
The jury of five men and three women found Miller guilty after deliberating less than 25 minutes.
Following the guilty verdict, Judge Mark Repp of the Tiffin-Fostoria Municipal Court ordered Miller to pay a fine of $375, sentenced him to 60 days in jail with 55 days suspended, ordered him to undergo alcohol treatment/counseling, suspended his license for six months, and placed six points on his license. Miller will also be placed on probation for two years.
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