TREMONT - Instead of going to the state Legislature, James A. "Jamie" Barton is headed to Schuylkill County Court after waiving his right to a preliminary hearing Thursday on driving under the influence and three summary traffic charges.
Barton, an East Brunswick Township Republican who had sought to challenge state Rep. Jerry Knowles, R-124, in the May 20 primary election before dropping out of the campaign, chose not to contest the charges before Magisterial District Judge David J. Rossi, who bound them over for court.
"We're just going to move on," Stephen T. Carpenito, Pottsville, Barton's lawyer, said after his client waived his right to the hearing.
Barton, 49, of Orwigsburg, declined to offer any comment after appearing before Rossi, who allowed him to remain free on $5,000 unsecured bail pending further court action. He pleaded not guilty to the charges of DUI, disregarding traffic lanes, failure to drive at a safe speed and careless driving, and he retains the right to take his case to trial.
"Nothing was dropped or pled," state police Trooper Stephen D. Kleeman said Thursday of the charges.
State police at Schuylkill Haven had alleged Barton was DUI to the extent that he was incapable of safe driving about 11 p.m. Feb. 24 on Reddale Road in West Brunswick Township. Prosecutors alleged Barton refused to take a blood-alcohol test.
Police said Barton lost control of his Chevrolet Tahoe sport utility vehicle and, when found at the scene, had slurred speech and a strong odor of alcohol. Barton admitted he had drunk a few beers, police said.
Thursday's proceeding marked the second time the case had been before a magisterial district judge.
On March 18, Magisterial District Judge James R. Ferrier, Orwigsburg, dismissed all charges against Barton, ruling prosecutors had failed to prove the alcohol Barton drank impaired his driving ability.
District Attorney Christine A. Holman refiled the charges against Barton. Ferrier recused himself from the case, which was transferred to Rossi's office.
State law allows the refiling of charges in a magisterial district court even without any new evidence.
Neither Barton nor Carpenito would say why they chose not to contest the charges before Rossi.
Assistant District Attorney Jennifer N. Lehman said that as far as she knows, she will be handling the case now, but otherwise declined to comment on it. Assistant District Attorney James P. Flagella had prosecuted the case before Ferrier.
On March 26, Barton, a vice president of Jack Rich Inc., Frackville, announced he was ending his campaign against Knowles to represent the 124th District, a heavily Republican district that includes parts of northern, eastern and southern Schuylkill County and sections of northern and central Berks County. Barton had announced his candidacy on Oct. 7, 2013, and had said after the March 18 hearing that he would continue his campaign.