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Paula Jones is seen holding an Anthracite Triathlon award in a photo from social media. Jones, 31, who was jogging in preparation for an upcoming triathlon, died Sunday following a hit-and-run crash on Lakeside Drive in Harveys Lake.

HARVEYS LAKE — What time was the blood drawn?

The time that a blood-alcohol chemical test was performed at a hospital can determine what charges could be filed against the suspected drunken driver of a vehicle that struck and killed competitive runner Paula Jones as she was jogging Sunday, according to state law and applicable case law.

A search warrant affidavit says Jones, 31, of Factoryville, Wyoming County, was struck by a Honda CRV just after 6 p.m. on Lakeside Drive. But the alleged driver, Michael Scavone, 50, was not read his Miranda warnings until three hours later.

According to the affidavit, police found the Honda CRV within an hour of the incident.

The affidavit fails to indicate whether Scavone was taken to a medical facility for a blood chemical test and if his implied consent warnings were afforded to him before blood was drawn from his arm.

Friends of Jones, meanwhile, have been paying tribute to the effervescent and energetic mother and athlete who was running along Lakeside Drive in preparation for a triathlon.

An autopsy showed Jones died from from multiple traumatic injuries due to being struck by a motor vehicle, and that her death has been ruled a homicide, Luzerne County Coroner Bill Lisman said.

No charges have been filed against Scavone.

Under state law, a driver who leaves the scene of a deadly crash faces a minimum of three years in prison. Known as “Kevin’s Law,” which was spearheaded by the hit-and-run death of 5-year-old Kevin Miller of Dallas in Wilkes-Barre in December 2012.

State law

During an interview more than three hours after Jones was struck, investigators allege Scavone showed signs of intoxication including glassy eyes, slurred speech and a strong odor of alcohol, an affidavit says.

A key factor is that under state law for driving under the influence of alcohol or drugs, drivers suspected of drunken driving must be given a blood test at a qualified medical facility within two hours of operating or having physical control a vehicle.

State law, however, provides an exception to the two-hour rule if prosecutors can establish “good cause” explaining why the chemical test could not be performed within two hours and if the driver did not consume any alcohol between the time when the driver was found and the time the test was administered.

Pennsylvania appellate courts have upheld and overturned drunken driving convictions based on what caused delays in having blood tested within two hours for drivers suspected of driving impaired.

Expert view

Kingston-based attorney James Haggerty, who specializes in drunken driving cases, said appellate courts tend to review the actions of police officers that caused blood to be tested beyond two hours.

“As a defense lawyer, I would be asking ‘what did police do once they got the driver?’” Haggerty said. “Did they act diligently to get the driver to the hospital or did they delay in getting the driver to the hospital?”

If a driver refuses to submit to a blood test, state law subjects the driver to a one-year suspension of driving privileges.

According to the affidavit, police said they found the damaged Honda CRV in the driveway of Scavone’s residence on Brook Street, Harveys Lake. Scavone’s mother, Rosemary Scavone, told officers her son just arrived home and “was probably drunk” and sleeping.

Scavone was read his Miranda warnings at 9:15 p.m., admitting to investigators he “struck something” after consuming alcohol at various bars for several hours.

Scavone allegedly admitted to drinking and told the officers he was “lucky he had made it home,” the affidavit says.

Greatly missed

Whether those who knew her shared her love for family, for physical fitness or for real estate, friends of Jones said she would be greatly missed — not simply because of her accomplishments, but because of her personality and concern for others.

“If there was one word that I would use to describe her, it was ‘positivity,’” said Jesicca Skoloda Frohman, who worked with Jones at Classic Properties until January of this year. “Her enthusiasm was infectious.”

After obtaining her Pennsylvania Real Estate License in 2013, Frohman said Jones approached real estate sales with the same diligence and commitment that were apparent in anything she set her hand and heart to.

Reflecting on the comments of co-workers, friends and those on Facebook, Frohman said, “It’s rare to see someone who is so truly loved and valued by others.”

Frohman said her success in a variety of areas, including as a skiing instructor at Montage Mountain, and on staff at St. Clare’s private Catholic school, were secondary to her emphasis on family.

“I know she enjoyed spending time with her mother and her daughter,” she said, “and I often saw them together.”

Kathleen Ebbers, a fellow athlete, shared Frohman’s respect for Jones’ dedication and hard work during athletic training as well as in the workplace.

“She was preparing for the Ironman,” said Ebbers, of Jones’ training at the lake, “a really difficult race which requires a great deal of commitment and hard work.”

Jones had an appreciation of the lake, not only for the opportunity it provided to train for upcoming competitions, but for the beauty it afforded her as she ran.

To Ebbers, Jones’ love of the lake makes her death even sadder, occurring along the lake which Jones’ equated with nature and tranquility.

Despite her death, Jones’ life seems to continue to make a difference and to inspire excellence.

“I had almost decided not to participate in a triathlon this fall,” said Ebbers, “but now I am considering it in memory of Paula.”