A Pittsburgh man facing his second DUI in 10 years was stopped by an off-duty Sheriff near the entrance of Presque Isle State Park for suspicion of DUI. Erie DUI lawyer Tim George cross-examined the arresting officer at the preliminary hearing. The Sheriff testified at the preliminary hearing that the motorist appeared to "have some difficulties" crossing on the south side of Sixth Street to the north side of Sixth Street and later observed the motor vehicle "lurching" at the same location. After following the motorist for about one-eighth of a mile, the Sheriff observed the motorist cross the centerline on "three occasions" while traveling within the posted speed limit. After the motorist turned left onto Peninsula Drive, he apparently remained on the dotted line which divided two northbound lanes of travel for "more than a few seconds but not tremendously long."

On the date set for the suppression hearing, the Commonwealth agreed to withdraw the allegation of DUI in return for the entry of a guilty plea to public intoxication, a summary offense for which the Pittsburgh area man received only a fine.

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