Just minutes after a jury acquitted a 25-year-old Pennsylvania woman of a second-offense drunk driving charge, a judge turned around a convicted her on a lesser charge of driving under the influence. Going forward the plan is for the woman to appeal the judge's conviction.
According to the judge, even though the jury rejected some information regarding the case, he chose to accept that information. He then used that information in order to convict the woman on the lesser DUI charge.
When looking at the case against the 25-year-old, she testified in court that she was not the driver of the car that an officer had seen double parked. Rather, she was just in the driver's seat taking out some bags, while the designated driver was busy unlocking the door to the house.
This is an important testimony, as to be convicted of DUI the prosecution has to prove that the person in question was actually the person driving the car.
In general, this case brings up several questions that very well could be raised on appeal. For example, why did the jury decide to reject some testimony, but yet the judge accepted it? And how could the woman basically be found not guilty of driving drunk for the second time, but then also found guilty of driving drunk?
It is cases like this one that speak to the often times confusing nature of being charged with a DUI. This is why it's important to have a defense attorney on your side if you plan on fighting drunk driving-related charges.
Source: Pocono Record, "Lehigh Valley woman acquitted, then convicted in DUI case," Feb. 8, 2012
Comments: Leave a comment





No Comments
Leave a comment