A ZLF client was charged with a 4th Offense DUI in connection with a two-vehicle accident in Allegheny County. We are please to announce that after the preliminary hearing, the charges were dismissed due to a lack of sufficient evidence. This resolution spared the client from a mandatory 1-2 year state prison sentence without eligibility for house arrest.
In the summer of 2016, the client was operating a vehicle around a bend when his vehicle hydroplaned on the wet roadway, veered into an oncoming lane of traffic, striking the victim's vehicle. An independent eyewitness followed the client's vehicle for approximately 1/2 mile, observing no erratic driving behaviors prior to the crash.
The client was treated at the hospital for injuries in connection with the crash. In the course of his treatment, a urine screen yielded a positive result for the presence of narcotics. However, neither the client's blood nor breath were tested. The client was not subjected to field sobriety testing, was not evaluated by a drug recognition expert, and did not display regular signs of impairment during his interaction with police.
Recent amendments to Section 1547 of the PA Motor Vehicle Code only permit the introduction of blood or breath tests into evidence during DUI prosecutions. As there was no blood test conducted, and there was no independent evidence to suggest that the client was under the influence of narcotics at the time of operation, the charges were properly dismissed by the Court.