The Zuckerman Law Firm is pleased to announce that DUI charges were dismissed against a client in Washington County, Pennsylvania. The client was accused of being in actual physical control of a running vehicle that was parked in a parking space. Aside from his mere presence inside of a running vehicle, there was no evidence to establish that he touched the brake pedal, gear shifter, steering wheel, or any of the other internal mechanisms of the car required for operation. Additionally, nobody witnessed him move the car at any point. The client maintained his innocence and denied that he ever drove or had any intention of driving a vehicle while under the influence of alcohol.

Although the magistrate refused to dismiss the charges after the preliminary hearing, favorable testimony was elicited at the preliminary hearing, which was used to file a pretrial motion to dismiss, called a Petition for Writ of Habeas Corpus. By way of a factual stipulation to the preliminary hearing transcript, the trial court fully dismissed all charges, finding that the Commonwealth did not meet even a basic prima facie burden for the DUI offense. Subsequently, the client challenged his 12-month license suspension imposed as a result of his failure to submit to blood testing, and the appeal was successful.

All DUI cases are very fact specific, and require a careful analysis by an experienced criminal defense attorney. For a free consultation, never hesitate to contact our law firm.