Bar Harbor musician’s drunk driving sentence triples after marijuana found at home

John Tercyak
Somerset County Jail
John Tercyak
By Judy Harrison, BDN Staff
Posted Nov. 24, 2012, at 11:52 a.m.

BANGOR, Maine — A Bar Harbor musician with a reported repertoire of more than 700 songs was not supposed to begin serving his sentence for driving drunk in Acadia National Park in violation of his license condition until after the first of the year.

A federal judge Monday ordered John M. Tercyak, 56, to begin serving his sentencing immediately and tripled his time behind bars to 90 days after Tercyak admitted that he violated his probation by smoking marijuana.

He is being held at the Somerset County Jail in East Madison.

Tercyak originally was sentenced Sept. 11 in U.S. District Court after pleading guilty to operating a motor vehicle in a national park while under the influence of alcohol and operating a motor vehicle in violation of a condition or restriction of his driver’s license. Tercyak was forbidden from drinking any alcohol and driving.

U.S Magistrate Judge Margaret Kravchuk more than two months ago, sentenced Tercyak to six months of probation on the drunken driving charge and 30 days in jail on the violation of driving conditions charge. The probation sentence was to begin immediately but the judge stayed the jail term until Feb. 4, according to court documents.

Kravchuk also ordered Tercyak to pay a $1,000 fine and pay $1,369 in restitution to the park to repair the 18 coping stones damaged this spring in the incident on Park Loop Road when Tercyak was arrested with a blood alcohol level of .13 percent. The legal limit in Maine is .08 percent.

On Nov. 1, during a home visit, Tercyak’s federal probation officer found marijuana and the paraphernalia to smoke it, according to court documents. The conditions of his probation forbid Tercyak from drinking alcohol and using other controlled substances.

The original charges stemmed from an incident April 22 when, after receiving several reports from witnesses, a park ranger saw that Tercyak’s vehicle had gone off the right side of the pavement, traveled about 180 feet and struck 18 granite coping stones, according to a previously published report. Tercyak’s car suffered damage to the right side, rear, both axles and both right side wheels, according to court documents.

The speed limit on Park Loop Road is 25 mph, but Tercyak told rangers he had been traveling more than 50 mph when he looked over his left shoulder toward Sand Beach just before the accident.

According to Tercyak’s website, the guitarist and fiddler has more than 25 years of performing experience and a repertoire of more than 700 songs.

Tercyak faced a maximum jail time of six months, a fine up to $5,000 and up to five years of probation.

CORRECTION:

An earlier version of this story contained an error. John M. Tercyak was sentenced by U.S Magistrate Judge Margaret Kravchuk more than two months ago to six months of probation on the drunken driving charge and 30 days in jail, not 60, on the violation of driving conditions charge.

http://bangordailynews.com/2012/11/24/news/hancock/bar-harbor-musicians-drunk-driving-sentence-triples-after-marijuana-found-at-home/ printed on September 15, 2014