Driving is something many people do every day in Philadelphia. Motor vehicles make life convenient and allow people to get to work, run errands, see friends and family, and go to social gatherings. However, when people do not drive safely, their modes of transportation can turn into dangerous weapons. This why there are laws against doing things that distract drivers, such as drinking and driving.
If a person is under the influence of alcohol while driving they could be charged with a DUI and face significant penalties, as evidenced by a recent case. There, a Philadelphia-area councilman plead guilty to a DUI in 2014 and was recently charged with a second DUI offense. He is charged with a misdemeanor as his blood alcohol concentration was allegedly between .08 and .10 percent. The accused individual recently had a court appearance and his attorney requested a continuance and received further documentation from the prosecutor. More time was granted to allow for additional discovery
If convicted the councilman faces severe penalties including fines, probation, license suspension, and damage to his reputation. However, at this point in time the councilman is still innocent and there may be strong criminal defense options available to him. The potential defenses begin with whether the police had a valid reason to stop his vehicle in the first place. If the stop was illegal, then all other evidence of intoxication may be suppressed, making a conviction very unlikely.
Many people are charged with DUIs in Philadelphia every year. However, that does not mean that every accused individual is guilty. A person who is charged with a DUI has Constitutional rights that must be protected, starting with the fact that everyone is innocent until proven guilty. There may be defenses available to a person charged with a DUI, so it may be beneficial to discuss those options with a legal professional who can help further their purpose..
Source: Daily Times News, “Lansdowne councilman hit with second DUI in two years” Kevin Tustin, Jan. 12, 2017