Christopher W. McMullin of K/M’s Philadelphia, Pennsylvania office recently obtained a full defense verdict for a client in a criminal bench trial before the Honorable Karen Yvette Simmons, in the Philadelphia Municipal Court. K/M’s client was charged with a second offense driving under the influence of alcohol (DUI), DUI at the highest rate (BAC.16+), DUI involving an accident, and an open container violation. The charges carried a mandatory minimum 90 day term of incarceration and a maximum of 5 years. In addition to mandatory incarceration, the charges also posed potential immigration challenges for K/M’s client.
At trial, police testified that K/M’s client was found semi-conscious behind the wheel of a running vehicle that was located half way into a parking space and half way into the street, impeding a lane of traffic. Police also testified that K/M’s client had numerous open beer cans and an open 30-pack of beer in the passenger seat of the vehicle. Mr. McMullin was able to argue that any evidence of an alleged accident shortly prior to police arrival was inadmissible as hearsay.
Mr. McMullin successfully argued, through witness testimony and use of the Commonwealth’s own witnesses, that there was no evidence that K/M’s client had recently driven or intended to operate the vehicle and was merely drinking beer and listening to music in his vehicle, which was parked around the corner from his house.
Accordingly, Judge Simmons determined the Commonwealth had failed to meet its burden of proof, finding K/M’s client not guilty on all charges.
For further information about the law or facts of the case, please contact Christopher W. McMullin, Esquire at (267)702-1796.