Judge Finds DUI Defendant Guilty of Lesser Offense After Jury Acquittal

April 13, 2012

Judge Finds DUI Defendant Guilty of Lesser Offense After Jury Acquittal

A Pennsylvania judge changed what normally would have been a happy moment for a woman facing charges for allegedly driving under the influence -- a "not guilty" verdict from the jury -- into a defeat. The judge used his authority to find the defendant guilty of a lesser DUI charge despite the fact that a jury of her peers acquitted her after a trial.

Not the Driver

The defendant was a 25-year-old Pennsylvania woman facing her second DUI charge stemming from an incident that occurred in July of 2011. Police approached the defendant's car because they saw it was double-parked, and they claimed they found the defendant drunk in the car. At trial, she testified that she had not been the driver of the car that day. She said she was only in the car getting some bags while the designated driver unlocked the house to which they were going.

After hearing all of the testimony at trial, the 12-person jury returned a "not guilty" verdict.

Pennsylvania Law

The judge, however, said he "did not believe" the defendant's story and found her guilty of general impairment DUI, a lesser DUI charge the defendant was facing. General impairment DUI is an ungraded misdemeanor in Pennsylvania, with a potential penalty of five to 60 days in jail for a person who has one DUI conviction in the past, as did the defendant in this case. Penalties also include:
-A 12 month driver's license suspension
-A fine of $300 to $2,500
-Alcohol highway safety school
-Required ignition interlock use

Under Pennsylvania law, a person does not have the right to a jury trial if the potential punishment a person faces for the charges is not at least six months in prison. As such, the judge had the authority to find the defendant guilty of the lesser DUI charge, despite the fact the jury acquitted her of the more serious DUI charges.

Consult an Attorney

The defendant and her attorney have vowed to fight the conviction, hoping they will overturn it on appeal. However, this judge's actions show how seriously Pennsylvania authorities take drinking and driving offenses and the importance of having an attorney who will help protect the rights of the accused.

Article provided by The Law Office of Henry S. Hilles, III
Visit us at http://www.hilleslaw.com