Driver in deadly crash jailed after testing positive

A convicted drunken driver who rammed his car into an East Dundee pottery store, killing a friend and injuring another, was jailed Thursday for drinking and getting high while he awaits sentencing.

Brian M. Poliarny, 19, of the 1000 block of Biltmore Drive in Elgin, is accused of failing three substance abuse tests within a month, Kane County court records show.

Poliarny, who was set to be sentenced Jan. 3, was booked into the Kane County jail after a hearing Thursday.

"Based upon his alcohol and cannabis use, he does pose a threat to the community while he's released," said Greg Sams, assistant state's attorney.

Poliarny dodged a murder charge in August when Judge Grant Wegner ruled the teen might have tried to brake before he drove into the Haegar Pottery store Jan. 12.

Roman Pokorny, 16, a junior at Dundee-Crown High School, died at the scene. Another teen, Toni Syzmanowski, was seriously injured, along with Poliarny.

Poliarny, who was legally drunk and had marijuana in his blood at the time of the crash, pleaded guilty to two counts of aggravated drunken driving.

On Nov. 5, a breath test indicated Poliarny had a blood alcohol level of about 0.014. A urinalysis test he took the next day came back positive for marijuana and alcohol, according to court records.

He tested positive for marijuana again on another urine test given Dec. 6, the records show.

David Kliment, his attorney and the county's public defender, said he will now seek to have Poliarny enrolled in a substance-abuse program.

"I have to get him evaluated and present the judge with a treatment option," Kliment said.

When he is sentenced on the drunken-driving charges, Poliarny faces probation or up to 14 years in prison. He is due in court again Dec. 19.