Man gets 2 1/2 -year term for drunken driving

January 12, 1994|By Darren M. Allen | Darren M. Allen,Staff Writer

An article in The Sun's Carroll edition Wednesday incorrectly reported that police failed to give Roy Nary Lutz Jr. a breath test. Police offered the test, but Mr. Lutz refused to take it.

The Sun regrets the error.

A 53-year-old Pennsylvania man who had five drunken driving convictions was sentenced yesterday to more than two years in a Maryland state prison for his sixth conviction.

Carroll Circuit Judge Francis M. Arnold sentenced Roy Nary Lutz Jr. of Waynesboro, Pa., to 30 months in prison.

Assistant State's Attorney Eileen McInerney had asked for a three-year sentence.

A Carroll jury found Mr. Lutz guilty on Sept. 14 of driving while intoxicated and driving with a revoked license.

According to court records, Mr. Lutz was previously convicted of driving while intoxicated twice in 1988 and once in 1989. He was convicted of driving under the influence in 1989 in both Maryland and Pennsylvania.

FOR THE RECORD - CORRECTION

A Maryland state trooper noticed Mr. Lutz's 1987 Dodge stopped along westbound Route 140 just over the Carroll-Baltimore line on Nov. 11, 1992.

The trooper approached Mr. Lutz, who told him he was having car trouble. The trooper noticed a strong odor of alcohol on Mr. Lutz's breath, and ordered him to perform field sobriety tests, which he failed, court records said.

Mr. Lutz was arrested but was never asked to take a Breathalyzer test, court records say.

Judge Arnold set a $10,000 appeal bond in the case.

Mr. Lutz was being held in the Carroll County Detention Center last night.

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