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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3 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.

    Reply
  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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  3. Alfred Baack

    (hope this helps when dealing with corrupt law enforcement in Montgomery County)

    With regard to CP-46-CR-0000643-2012, which had caused for my name to have been posted to the Internet for “Impersonating a Police Officer (‘False ID,’ other articles/dates),” not only is this a most heinous crime because it is “not an uncommon theme” in: child abduction (some for the purposes of sex-slavery), rape, and murder (“Police Impersonation” summaries attached), with each and every element of this M-2 being something only a sociopath would deliberate, until this deliberate disinformation is redacted completely it is incumbent for both the U.S. District Court (Eastern District of Pennsylvania) and the Montgomery County District Attorney to issue an official apology on their respective letterheads, outlining the confirmed facts/testimony consistent with my final criminal hearing:

    1) no “statement of having been a police officer,”
    2) no badge,
    3) no ID, and
    4) no “having endeavored to have place anybody under any alleged authority.”

    Had there ever been any (bona fide) probable cause initially, whatsoever, to have had me charged/arrested, for any crime (or any infraction of any law or ordinance whatsoever), then why, after having had me in the court system for roughly 20 weeks (NOV/11 to APR/12), and especially after my having refused ARD, had the prosecution then not compelled for testimony to some “element” of any crime, other than “(defendant) had a ‘cover’ over his (vehicle) license plate,” to have been presented?
    – there had not been (any)!

    (Brady v Maryland – public defender, why had you demanded I accept ARD;
    and why had the ADA not presented this “cover” before such demand?”
    – praise the LORD, HE had given me the courage to stand up for myself,
    when the public defender had forsaken their duty)

    Yet, for nothing other than, “defendant had a ‘cover’ over his (vehicle) license plate, ” Montgomery County continues to allow for my reputation to be associated (1:1) correlation with the most heinous of individuals, who are not fit to live in decent society.

    How long are these [“Officers of the Court, ” who are “sworn to the truth”] going to continue to allow for this absolute lie, utterly devoid of any truth, to continue destroying my life?

    CERTIFIED MAIL: 7014 0150 XXXX 7153 XXXX 10/AUG/18
    RETURN RECEIPT REQUESTED

    Clerk of Court
    James A. Byrne U.S. Courthouse
    601 Market Street
    Philadelphia, PA 19106

    With regard to Civ. No. 14-875 (17/SEP/14), p. 9, d. Common Law False Arrest, wherein the judge had determined, “[As] I have also discussed, the charge brought against him was supported by probable cause,” this “verdict” is absolutely incomprehensible when considering the confirmed facts/testimony consistent with CP-46-CR-0000643-2012 T1153574, which had caused for my name to have been posted to the Internet for “Impersonating a Police Officer (‘False ID,’ other articles/dates).”

    Had there ever been any (bona fide) probable cause initially, whatsoever, to have had me charged/arrested, for any crime (or any infraction of any law or ordinance whatsoever), then why, after having had me in the court system for roughly 20 weeks (NOV/11 to APR/12), and especially after my having refused ARD, why had the prosecution then not compelled for testimony to some “element” of any crime, other than “(defendant) had a ‘cover’ over his (vehicle) license plate,” to have been presented?
    – there had not been (any)!

    According to a (former) chief of police in Delaware County, the “elements” of the crime necessary to “Impersonate a Police Officer,” are: 1) the “statement of being police officer,” 2) a badge, 3) the respective ID, and 4) having endeavored to have “placed somebody under any alleged authority.” As well, having given further explication, “all of these components are absolutely necessary; and in the absence of any, this charge cannot be substantiated; and, “without a badge, there is not any ‘police impersonation’.” With the Commonwealth/prosecution’s key witness (guard/Rogers) having established “no badge” during the preliminary hearing, where then had there ever been any justification to have “continued” this “Impersonating a Police Officer” action against me?

    Nevertheless, even though thoroughly devoid of any legal warrant – lacking in the elements of this specific crime and totally devoid of any elements of any crime (the former having been proven during the preliminary hearing, and the latter having been proven roughly 152 days later during the final criminal hearing) – Montgomery County allows for this deliberate character assassination (worldwide via the Internet) through my being associated (1:1 correlation) with this M-2, which is “not an uncommon theme” in: child abduction (some for the purposes of sex-slavery), rape, and murder (“Police Impersonation” summaries attached). For roughly the last 2374 days and counting, each and every morning greets me with the knowledge that my reputation has been “deliberately” associated with the most heinous of individuals, who are not fit to live in decent society; and until this is righted (in identical fashion), to that end, morally and legally, this cause will be continued.

    Yours respectfully,

    Alfred Baack

    Yes, having reported human trafficking to the District Attorney’s Office
    had placed me “in the radar screen ” with the Abington Police Department;
    however,
    with regard to “Impersonating a Police Officer (‘False ID,’ other articles/dates),”
    there had never been any element of any crime ever!

    Reply

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