$250,000 bail amount is not excessive for 4-time DUI driver
Harold Dean Ellenberger, 73, of Fairview Township is getting the treatment he deserves in response to his fourth drunken-driving arrest in less than a year and a half. It is in the best interests of other motorists, vehicle passengers and pedestrians that he be kept from behind the wheel.
His arrests depict an attitude of irresponsibility that must be dealt with before he kills or injures someone else and/or himself.
In response to Ellenberger's latest DUI arrest, District Judge Lewis Stoughton delivered an important message not only to Ellenberger, but also to others like him. That message is that failure to learn a lesson when it comes to multiple DUI arrests will be met with no judicial leniency.
For Ellenberger, Stoughton set bail at $250,000, which, as of noon Monday, the defendant still had not been able to post. A story in Friday's Butler Eagle said the defendant has been jailed since May 6, the day Ellenberger was arraigned by Stoughton in connection with a March 27 DUI incident.
Commenting on the bail amount, which is unusually high for an arrest of that kind, Stoughton said, "This is about protecting the community. This is his fourth DUI in 16 months. We need to make sure he's off the road."
Even David DeFazio, the lawyer representing Ellenberger, said he would ask Butler County Court to lower his client's bond only with the understanding that Ellenberger would check himself in for in-patient alcohol rehabilitation treatment.
Meanwhile, the county court should not hesitate to remove Ellenberger from the county's ARD (Accelerated Rehabilitative Disposition) program on June 28, when the defendant is scheduled to appear in court regarding that issue. The program is for first-time offenders who intend to learn from their mistake.
That clearly hasn't been Ellenberger's intent.
Ellenberger has used the ARD program only as a freedom vehicle providing him the opportunity to continue his dangerous conduct.
If convicted on the latest charges, Ellenberger deserves a strong dose of jail time to make him rethink his irresponsible behavior. That appears to be the only way to get the right message across to this individual.
But prior to that, Ellenberger should be ordered to serve any of the jail time that he would have had to serve if he hadn't been admitted to the ARD program.
People who travel on the highways responsibly have a right to expect such a court response when terms of ARD program participation have been violated.
People placed on ARD do not admit guilt. And if they complete terms of their ARD satisfactorily, their records are expunged.
Ellenberger has made a mockery of the program in terms of himself and he deserves no further patience by the courts.
All considered, a $250,000 bail figure for Ellenberger is not unreasonable.