The Philadelphia Sunday Sun recently reported that current Democratic State Representative Cherelle L. Parker was found guilty of DUI after a short trial before former Montgomery County Court president judge S. Gerald Corso that involved no testimony by witnesses. However, Parker’s sentence, which consists of three days in jail, suspension of her driver’s license for one year, and a $1,000 fine, was stayed pending an appeal to the Superior Court. As your Pennsylvania DUI lawyer well knows, Parker’s sentence includes penalties that are typical in PA DUI cases.
Parker’s criminal charges stemmed from a 2011 incident in which police reportedly stopped Parker after she drove the wrong way down a one-way street. Police allegedly observed that Parker’s eyes appeared bloodshot and glassy, her breath smelled like alcohol, she had difficulty getting out of her vehicle, and she could not produce her license, registration, or insurance card. Parker later submitted to a Breathalyzer test at police headquarters, which measured her blood alcohol content (BAC) to be 0.16 percent. Your Pennsylvania DUI attorney can tell you that Parker’s BAC of 0.16 percent is twice the legal BAC limit for drivers in the state of Pennsylvania, which is 0.08 percent. In other words, a driver whose breath test reveals a BAC of 0.08 percent or greater can be subject to prosecution for Pennsylvania DUI charges.
Parker plans to appeal her conviction based on a number of issues. Depending on the facts surrounding a DUI conviction, an appeal by a PA DUI lawyer can be well worth the time and effort. In Parker’s case, there are reportedly questions concerning the legality of her traffic stop and the potential lack of reliability of Breathalyzer test results. If Parker can prove that her traffic stop was invalid or violated her rights in some way, or if the Breathalyzer test results were compromised or affected by other factors in some way, then she may be able to successfully appeal her DUI conviction.
If you or a loved one is facing DUI or related charges, the assistance of a Pennsylvania DUI lawyer can be instrumental in minimizing the consequences of a conviction, or avoiding a conviction altogether. As this case illustrates, there are various defenses or avenues of appeal that can come into play in a DUI case. With the help of a DUI attorney in Pennsylvania, you will place yourself in a better position to defend yourself against the pending DUI charges.
Contact The Law Offices of Steven E. Kellis today for a free consultation:(215) 940-1200.