Ice Cream Truck Driver Yassir Hassan Waives DUI Hearing - The Philadelphia DUI Law Blog

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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