Legal Question in DUI Law in Pennsylvania

In my own driveway

Upon arriving home I took the keys out the ignition and went into my apartment, had a beer and shot. Then I was tinkering around in my work vehicle. I just finished working aprox. 90 hrs in one week and did fall asleep in the truck after consuming several shots and beers. An insider tells me my BAL was 1.6 I'm 6'2'' 220lbs. anyway I was asleep for about two hrs when the police woke me saying someone called them. They proceeded to take me the hosp. for blood. They asked to see my license but not insurance or registerion cards. Also I was not fingerprinted The time of day was approx. 830 pm. I signed a citation but did not recieve a copy at that time nor have I heard anything since that day may 31 2005. I did admit to have been drinking at the club and that when I came home I had several more. After the hosp. they took me home and had never taken my keys, they just dropped me off. The keys by the way were on the floor of my truck. I feel this is a winable situation. Do you? No priors and my dad had just passed away. Thanks


Asked on 7/07/05, 4:31 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: In my own driveway

The legislature left a huge loophole in that the police must prove you had the BAC within 2 hours of operstion of the vehicle. From your fact pattern they may be able to charge a general impairment but it would require first hand testimony that you were operating in an unsafe manner. I suggest you speak to a lawyer to determine your best course of action. I oofer free consultations.

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Answered on 7/07/05, 5:17 pm


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