Cops and Courts, News

State BOE member pleads no contest to DUI

A state Board of Education member pleaded no contest to DUI and leaving the scene of an accident.

Francis S. “Frank” Vitale, 43, is a former Morgantown Area Chamber of Commerce board member. He has also served on the Monongalia County Economic Development Authority and was chairman of a United Way of Monongalia and Preston Counties campaign.

According to criminal judgment orders:

Vitale will pay court costs of $240.25 and a $100 fine for the DUI. He was also ordered to pay a $5 fine for leaving the scene of an accident and $165.25 in court costs. In total, Vitale owes $510.50, by Sep. 17.

Vitale had a bench trial scheduled for 1 p.m., Monday, in front of Monongalia County Magistrate Sandy Holepit; however, the plea agreement happened prior to the trial.

According to a criminal complaint: Sep. 8, 2017, deputies responded to Cheat Road near Venture Drive for a reported hit-and-run. The driver of a blue Volvo said that car was hit by a black truck.

The driver followed the truck and provided the license plate number, which was registered to Vitale. The Volvo driver lost sight of the truck because of its speed.

Deputies went to Vitale’s house, where he and his wife answered the door. Vitale’s breath smelled of alcohol and he was unsteady and staggering.

He told deputies he was driving the truck. Police asked to see the truck. It was warm and had damage to the front passenger side fender.

Deputies gave Vitale a field sobriety test, which he failed.

They arrested him and took him to the department, where he failed to provide a breath sample three times. Deputies reported that each time the machine started to read his breath, Vitale stopped providing a sample.

Vitale said he was at dinner for three hours before heading home. He said he looked down while driving, and when he looked up realized he was in the wrong lane and swerved back, and apparently brushed the other vehicle. He went home and police officers arrived and told him what occurred.

DUI can carry a sentence of up to six months in jail and a fine of not less than $100 nor more than $500.

Leaving the scene of an accident can carry a fine of not more than $100 nor imprisonment for not more than 10 days for a first conviction.