Recently in DUI Cases Category

This blog reported last week on the trial of Brian O'Neill, whose fatal DUI case was centered around the question of whether he actually was impaired by marijuana he admitted to smoking earlier in the day. He tested positive for marijuana, which stays in the bloodstream for up to a month after ingestion.

But was he stoned when he went the wrong way on a highway ramp and collided into George and Diane Parker, killing them? Brian O'Neill's Pennsylvania DUI lawyer, of course, argued that he was not.

Brian O'Neill, a 20-year-old West Nantmeal man on trial for vehicular manslaughter and felony DUI, tested positive for marijuana, according to the West Chester Daily Local. But since THC (the herb's active component) remains in the system for up to a month after ingestion, the question is whether he was actually stoned at the time of the incident.

Daniel Bush, Brian O'Neill's Pennsylvania DUI lawyer, insists that the prosecutor's evidence must prove that the marijuana in his system at the time of the accident was actively intoxicating and impacted his ability to drive a car:

"What you will see is that this case really was just an accident, one with horrific results that has ripped apart families on both sides of the case, but nevertheless just an accident."

Former Springettsbury Township police officer Gary Utter, 39, pleaded guilty to a misdemeanor charge of driving under the influence of alcohol, The York Dispatch reported. 

But although he was sentenced to 28 days to six months in York County Prison, the judge gave him credit for 28 days served in a rehabilitation center for substance abuse. Gary Utter was ordered to surrender his driver's license for 30 days and must pay a $500 fine, according to Pennsylvania DUI lawyer Korey Leslie.

Jacobus resident Brian Keener claims he was followed by Pennsylvania State Troopers Brian Torkar and Sean Taylor after leaving a known gay club in York, stopped, arrested for a DUI and then beaten, the York Dispatch reported. The traffic stop occurred on Aug. 31, 2008, but he just recently filed a lawsuit against the troopers.

Brian Keener reportedly refused to take a blood-alcohol at York Hospital, according to his complaint. He claims he successfully passed a field sobriety test, and that he only had one beer at the club, but claims the officers said he failed anyway and handcuffed him.  

It's unclear whether his Pennsylvania DUI lawyer was able to postpone the DUI trial in light of the lawsuit's claims.  

As we've mentioned before on this blog, a good way for your PA DUI lawyer to figure out which defense tactics to use in a DUI case is by looking at recent convictions within a given county. It's a good way for PA DUI attorneys to gauge what the general sentences look like for specific charges. 

It's generally standard under PA DUI law, for a DUI convict to lose their driving privileges for 12 months. In addition to losing privileges, the DUI offender may face jail time or may have to pay a fine. In some cases, the DUI offender must pay restitution, which essentially means that he or she must pay for the victim's monetary damages.

Here is a roundup of some recent DUI convictions from Bucks County, Pennsylvania: 

Pennsylvania DUI lawyers who are knowledgeable know how to get someone off the hook on DUI charges, if there is any possibility of acquittal. Not every DUI case can end in an acquittal, but if there is a loophole, trust a PA DUI lawyer to work through that loophole.

First, let's break down the legal jargon.

An acquittal is the finding of innocence of a person charged with a crime.

Essentially, in a criminal DUI trial, the defendant is subject to the finding of the jury. All the facts and evidence is presented to the jury by the PA DUI lawyer. The jury's role is to determine if the defendant is guilty, beyond a reasonable doubt. The judge's role is to be the gate-keeper, deciding which evidence can be presented and which evidence must be excluded.

So in all reality, Pennsylvania DUI lawyers must convince the jury that their client is not guilty, beyond a reasonable doubt.

Let's look at two recent acquittals:

Living dangerously might be fun for some, but it certainly has its consequences.

PA DUI attorneys were unable to help Angel Vasquez, the 31-year old man who was told by a Montgomery County judge that he had lived a life of recklessness. Vasquez was sentenced earlier this month after his PA DUI attorneys convinced him to plead guilty.

Vasquez pleaded guilty to charges of aggravated assault by a vehicle while driving drunk, driving under the influence of alcohol and fleeing or attempting to elude police. 

Given Vasquez's criminal history, there was not much his PA DUI attorneys could do on his behalf. Indeed, the judge spoke of Vasquez's lifestyle, calling his driving record "deplorable" and citing his convictions for assault and violating protection from abuse orders. 

Last week, a woman was sentenced to two and-a-half to five years in prison for homicide by vehicle while DUI, according to the Pocono News.

Lauren Phillips, 25, was convicted of a number of other crimes including DUI, accidents involving death or injury while not properly licensed and driving without a license.

The accident that caused the DUI death occurred on November 22, 2007, in Lackawaxen, Pennsylvania. While Ms. Phillips was driving on Welcome Lake Road, she allegedly lost control of her vehicle, and her car slammed into a tree. During the accident, one of the passengers that was in the car with her passed away from his injuries in the collision.

Represented by his Pennsylvania DUI attorney in court on Friday, Glenn Krugle III was sentenced to two to ten years in prison for his DUI offenses.

The Intelligencer reports that Mr. Krugle pleaded guilty in his DUI case to one count each of DUI causing death and misdemeanor DUI causing bodily harm. For the first offense alone, Mr. Krugle was sentenced to two to ten years in prison. For the second offense, he was sentenced to one year in prison. However, since the sentences are set to run concurrently, the total sentence remains at two to ten years. Also, the 120 days that Mr. Krugle was under house arrest will go towards time served during his sentence.

The reason for Mr. Krugle's DUI case occurred on Memorial Day of last year when he drove his truck over the center line on U.S. 30 and into the victim's vehicle. In the DUI crash, 34-year-old Michael Tangora was killed and his passenger was injured. It is believed that Mr. Krugle's truck was going 93 mph at the moment of impact.

Last week, KYW NewsRadio reported that Joseph Genovese pleaded guilty to charges stemming from a fatal DUI accident that took place in 2008.

On July, 10, 2008, two women were struck by Mr. Genovese's car outside of Citizens Bank Park; where the Phillies play. The Assistant District Attorney of Philadelphia, Beth McCaffrey explained how the accident occurred:

"Mr. Genovese was driving southbound on Broad Street with his seat tilted back (and) music blaring, high on marijuana. As he approached the red light that as at Curtin Street, he went to overtake a car that was stopped in front of him at the red light. He went through the light, over Curtin Street, and hit both of these women."