Unfair DUI in Pennsylvania

Here’s a fine example of how DUI laws are applied unfairly by judges, in this case in Northampton County Court of Common Pleas:

Jury Says Not Guilty; Judge Finds Otherwise

[T]he jury found Trump not guilty of second-offense drunken driving, after she and two people she was with testified she wasn’t the driver of the car.
But minutes later, the judge who presided over her trial convicted her of a lesser DUI offense that he concluded he, and not jurors, should decide. In so doing, Judge Michael Koury Jr. said he accepted testimony that the panel apparently had rejected when they reached their verdict.

[O]fficer John Lakits conceded on the witness stand that he “could not tell for sure” that Trump had been driving the stopped vehicle. Trump testified the real driver was her friend, Brad Wilcox, who had just gotten out of the car to unlock the back door of his home.

Trump said she was a rear passenger, but had gone to the front to grab some bags of food to take into Wilcox’s house. Her story was repeated by the two other passengers, Andrew Polly and Jessy Norwillo, both of whom said Wilcox was the designated driver that night.

Thanks to the Morning Call for publishing this story.

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2 thoughts on “Unfair DUI in Pennsylvania

  1. Michael

    That is pretty attrocious. My personal worst was pleaing a kid to resist, delay and obstruct. We took the DUI to trial and asked for a motion to dismiss on double jeopardy grounds because the RDO citation said that my client was not the driver, but the DUI citation said he was the driver. Inconsistant theories of prosecution, client already plead guilty. The Judge says “well, I don’t think I technically found you guilty of RDO yet.” So on my client’s plea of guilty, he was found not guilty just so the Judge could find him guilty of a dui.

  2. Alfred Baack

    What do you expect ? For not so much as any element of any crime, other than “(defendant) had a ‘cover’ over his license plate,” the Montgomery County District Attorney had been intent on convicting me of a crime, which would have gotten me 2 years in jail. Dismissed, because there had never been any probable cause to have had me arrested – yet the public defender had demanded I plead guilty (ARD), and I did NOT – yet my reputation remains decimated on the Internet (and even after those, who had been “representing” Montgomery County in my civil action had NOT told the truth to a federal judge, they refuse to be forthright, exonerating me) – Alfred Baack


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