More details to this question:
I pulled over for a minute and when pulling back out got stuck on a curb. I was going to walk home for the night so I took my pint of whisky and walked a half mile up the road drinking the whole way. Then turning around I saw an ambulance at my car. So, I sat and thought about it, drank some more and walked back drinking along the way. Then I put my almost empty bottle and keys by a tree. I told the people there it would have to be towed. Along came the State Police and gave me a DUI. Should I fight it? What are my chances?
1 ANSWER
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In Pennsylvania a DUI can occur even if the driver drank AFTER driving. There is no longer any requirement that the drinking occur before the driving or that the person be under the influence at the time of driving. This may be unconstitutional, but the appellate courts in PA have not found that argument persuasive. Check out the link below for a lot of useful information about PA DUI laws: http://fairlielaw.net/practice-areas/dui/
Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State
Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215)
997-1777steve@fairlielaw.netwww.fairlielaw.net
Answered on Jun 23rd, 2012 at 10:41 PM