FedEx driver pleads guilty to physical control charge, sentenced to jail
A FedEx driver who had been arrested when he made a delivery to Seneca County Sheriff’s Office and told a deputy he had used cocaine was sentenced to 10 days in jail Monday afternoon.
Matthew S. Carmel, 40, of Mansfield, pleaded guilty to a charge of physical control, a first-degree misdemeanor, during a hearing in Tiffin-Fostoria Municipal Court Judge Mark Repp’s courtroom.
Deputy Mark Lawson’s report states he was on duty and received a call from a dispatcher about a driver acting strange by walking around in circles, swaying and striking a box he was carrying.
The man nearly was falling down at times, had glassy eyes and was sweating profusely, it states.
The report states Carmel told Lawson he was at a party the night before, used cocaine and went home to sleep. He said it was stupid he used cocaine and then drove for work, it states.
Carmel told Lawson that the sheriff’s office was his first stop.
During Monday’s hearing, Charles Hall, assistant Seneca County prosecutor, had recommended a $250 fine, 180 days in Seneca County Jail with all 180 days suspended, two years of probation, random drug testing and a drug and alcohol assessment with any recommended treatment.
Repp said he applauded Carmel’s efforts at getting help, but he was stuck with the reality that the situation seemed to be some kind of pattern in his behavior.
“I can’t ignore your prior run-ins with the law, Mr. Carmel, and I won’t,” he said.
Repp sentenced Carmel to 180 days in Seneca County Jail with 170 days suspended and to two years of probation.
He also ordered Carmel to pay a $500 fine and to continue with counseling. He acknowledged it was Carmel’s third impaired driving offense and said he thought a multi-offender program was appropriate.
Carmel’s attorney, John Boyd, said Carmel exhibited a lapse of judgment and didn’t realize he still was exhibiting signs of intoxication. Carmel had entered substance abuse treatment, he said.