The Erie semi-truck driver charged with causing a chain-reaction crash that sent eight people to the hospital is free on bond, after posting bail.
Irabaruta Ezechiel is facing 22 charges, including aggravated assault by vehicle while DUI, in connection to the July 23 crash.
According to police, 10 people were injured after Ezechiel slammed into four vehicles and five motorcycles that were stopped at a red light at West 12th and Myrtle Streets.
Witnesses told police he attempted to leave the scene while holding a case of beer.
He was then chased down and subdued by witnesses until police arrived.
Erie News Now did some digging into Ezechiel’s driving record, and it turns out that he has two previous DUI convictions prior to the recent crash.
In 2014, Ezechiel pleaded guilty to DUI at the highest rate and was sentenced to four years of probation.
According to court documents, it was his second DUI.
Court records also reveal that Ezechiel has been a longtime resident of Erie, and that he has his commercial driving license (CDL) in Pennsylvania.
Erie News Now spoke with defense attorney John Carlson to find out if a person with past DUI charges is allowed to get their commercial driving license.
“Yes, they are and the means of doing that is different over the years because DUI laws have changed.” said Carlson.
In the West 12th Street crash, it’s the first time Ezechiel was charged with DUI while operating a commercial vehicle.
“If a person is driving while under the influence and they have a CDL, for a first offense there may be several options,” said Carlson. “A trial, a plea, or they may be eligible for a special disposition called the Accelerated Rehabilitative Disposition (ARD).”>
In Pennsylvania, a first-time DUI conviction for a person with a CDL results in a one-year license suspension.
“If you have a CDL license and you get a DUI, even if it’s in your personal vehicle, you face a mandatory one year suspension of your CDL.” said defense attorney Eric Hackwelder.
According to Hackwelder, a second DUI conviction for a commercial vehicle driver results in a lifetime CDL disqualification.
“If you’re a CDL driver it’s different than if you were driving your personal vehicle,” said Hackwelder. “If you are carrying a commercial license and you get a second-time DUI, that’s a lifetime ban. You can no longer drive commercially.”
When it comes to blood alcohol content levels, commercial truck drivers are held to a different standard.
“For a commercial DUI, the standard is lower,” said Hackwelder. “If you’re in your personal vehicle, it’s .08 percent is the legal limit. For a commercial driver, it’s .04 percent and for a bus driver, it’s even lower at .02 percent.”
In the West 12th street crash, Ezechiel is charged with DUI at the highest rate of at least double the legal limit.
His preliminary hearing is scheduled for September 3.