The Philadelphia DUI Law Blog

Ice Cream Truck Driver Yassir Hassan Waives DUI Hearing

Yassir Mustafa Hassan who was charged with driving his ice cream truck drunk down a suburban Philadelphia highway has waived his rights to a preliminary hearing and will likely enter a first-time offender program. Last month, Hassan was charged with a DUI and disregarding traffic lane laws while driving his ice cream truck down Route 1 reports phillyBurbs.com.

The circumstances of Yassir Hassan's arrest made national headlines not just because he was swerving down the highway in a truck with a large simulated ice cream cone on its roof, but also because it was reported that Hassan kept frozen urine and a case of wine in the truck along with the ice treats he sold to children.

At the time of arrest, Hassan had a blood alcohol content (BAC) of 0.22. The legal limit in Pennsylvania is 0.08.

In Pennsylvania, the penalty a driver receives for a DUI depends upon the driver’s BAC at the time of the arrest. Generally, the State has established three tiers of penalties: General Impairment DUI (.08 to .099% BAC); High BAC DUI (.10 to .159% BAC); and Highest BAC DUI (.16% and higher BAC).

As Hassan had a BAC of 0.22, he faces penalties for the Highest BAC DUI that can include a 12-month driver’s license suspension, 72 hours of jail time, and a $1,000 fine. In contrast, Hassan would have only faced a 12-month driver’s license suspension, 48 hours of jail time, and a $500 fine for a High BAC DUI, or six months probation and a $300 fine for a General Impairment DUI.

According to phillyBurbs, Yassir Hassan plans to participate in the Accelerated Rehabilitation Disposition program, which is for first-time, nonviolent offenders. It is not clear if Hassan will face the other penalties associated with the Highest BAC DUI including jail time or driver’s license suspension.

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