The Commonwealth introduced the results of the blood test from the local hospital as evidence. The test indicated an alleged BAC of 0.283%. The testing procedures used by the hospital were flawed and were enough so to cause the judge to deem the results insufficient for conviction. The judge ruled in favor of the client finding him not guilty of the crime of DUI: Highest Rate. The client was found guilty of the lesser offense of DUI: General Impairment.
The mandatory minimum punishments are the main differences between the two DUI offenses. The client would have received a sentence of 72 hours in the local jail and subjected to a loss of his driver’s license for a period of 1 year if convicted of the Highest Rate DUI offense. The conviction for the lesser General Impairment offense meant a maximum permissible punishment of 6 months probation and no loss of driver’s license. The attorney is appealing the General Impairment Conviction.
The Hoover Firm represents criminal defense cases in Harrisburg, Pennsylvania and in the surrounding communities. In a recent case, Mr. Hoover was able to achieve a favorable result for his client in a DUI case. The client was discovered on the side of the road in his broken down car, with a half empty case of beer inside the vehicle. The officer attempted to perform field sobriety tests on the client but stopped because the officer was concerned about the client’s safety. Instead, the officer took the client to a local hospital for a blood test. The results of the blood test indicated a BAC of 0.283%. The judge deemed the results insufficient for conviction based on the testing procedures utilized by the hospital. The client was found not guilty of DUI: Highest Crime but he was found guilty of the lesser offense: General Impairment. The firm plans to appeal the decision. You can learn more about the firm at http://www.criminaldefenselawyerharrisburg.com.