The Philadelphia DUI Law Blog

November 2011 Archives

Sean O'Neill Arrested for DUI: a Family and History of Problems

As a juvenile, Sean O'Neill shot and killed his friend, reports the Associated Press. Five years later, and after a stint in a juvenile detention center, O'Neill has again run into trouble with the law -- this time allegedly driving drunk and crashing his car into a house.

O'Neill, a 22-year-old man from Chester County, should consider himself fortunate that he did not kill or injure another in this accident. But as charges are currently pending, it will be interesting to see what kind of penalty he faces.

Brett Truskin Kills Bicyclist in 2nd DUI of the Day

Brett Truskin was allegedly drunk when he struck and killed 49-year-old bicyclist Gregory Loper in a Kensington neighborhood. Police say that it was the second time that Truskin drove drunk that day.

The 22-year-old Truskin, from Bucks County, was arrested earlier that day for drunk driving. Apparently, that first incident did not cause any harm and he was arraigned and released on bail later that day, reports the Associated Press.

Anthony Felix Will Plea Guilty to DUI and Fleeing from Police

Anthony Felix has said that he will plead guilty to driving drunk, causing a crash involving a school bus, and fleeing from police. Based on the plea agreement, Felix could face up to five years in state prison.

Felix waived his right to a preliminary hearing and will plead guilty in a Bucks County court, reports

New Evidence and New Judge for Cherelle Parker DUI Trial?

A judge recently acquitted state representative Cherelle Parker of her DUI charges. The representative was accused of driving drunk going the wrong way down a one way road.

The judge in the case chose to believe the word of Parker over the word of two state troopers, dismissing all charges in the Cherelle Parker DUI trial. Now prosecutors are seeking to get a new judge and also have the state troopers' evidence admitted into trial.

Child Endangerment Charges for Drunk School Bus Driver

Last week we wrote about Carole Crockett, the drunk school bus driver who drove around 25 junior high students with a blood alcohol level of 0.25.

Crockett has now been charged with her crimes and along with 25 counts of DUI she also faces child endangerment charges.

Text Messages to Parents Say School Bus Driver Was Drunk

Twenty-five junior high students at the Westampton Middle School in New Jersey were given a harsh lesson on drunk driving as their drunk school bus driver allegedly drove them home with a blood alcohol level five times the legal limit.

Terrified children text messaged their parents that their bus driver was drunk and screamed “I dont want to die today!” as 46-year-old bus driver Carole Crockett drove them home, reports The Associated Press.

Pennsylvania Open Container Laws

We've written many posts where someone gets behind the wheel of the car drunk and gets cited with a DUI if they have a blood alcohol level above 0.08.

However, blood alcohol level means nothing if you drink and drive or even if you drive and have a six-pack of beer next to you. Pennsylvania open container laws make it illegal to have any open container of alcohol in your car regardless of whether you've had a sip, are drunk, or even if the bottle of alcohol is open.

What is the Legal Alcohol Limit in PA?

You may be aware that the legal alcohol limit in PA is 0.08. So if your blood alcohol content (BAC) is above this amount, you are presumed to be drunk and can be arrested for a DUI.

But did you know that 0.08 is not the only legal limit in Pennsylvania? And that those with blood alcohol levels far below 0.08 can also be presumed to be driving under the influence if they exceed a certain level?

Judge Believes State Representative Over Cops, No DUI for Parker

The Cherelle Parker DUI has ended in victory for the state Representative. A Philadelphia Municipal Judge chose to believe the word of Parker over the word of two Philly cops, letting Parker off on her drunk driving charges.

Parker was pulled over back in April for allegedly driving the wrong way down a one way street. Following a traffic stop, police say the state Representative smelled of alcohol, had slurred speech, and blew a 0.16 on a Breathalyzer test -- exactly twice the legal limit -- reports The Philadelphia Inquirer.

DUI Kills Teen Brandon Nicosia Hours After Graduation

Brandon Nicosia enjoyed being a Girard High School graduate for only a few short hours before he was killed in a drunken-driving accident. This week, his friend and driver of the car in the fatal accident, 21-year-old David DeHaven, pleaded guilty to the death.

In June, shortly after Nicosia graduated from high school in the small Northwestern Pennsylvania town, DeHaven took him for a ride in the early morning hours, reports the Erie Times-News. At about 2 a.m., DeHaven crashed his car, killing Nicosia.