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purchase, george & murphey.

purchase, george & murphey.

North East DUI Case Dismissed at Preliminary Hearing

Tower near water Marina

North East DUI Case Dismissed at Preliminary Hearing

On an early Sunday morning just after two o’clock, local North East police stopped a vehicle driven by a North East man suspected of DUI. According to the patrolman, the suspect’s car was being driven on the wrong side of the street and at an excessive speed. A blood test obtained later indicated that the motorist had a blood alcohol content (BAC) of 0.22 percent.

At the preliminary hearing, Erie DUI lawyer Tim George offered evidence of aerial photographs and other photographs which showed that the street in question had no lines marking the lanes for travel. A police officer also conceded, on cross-examination, that it is not uncommon for cars to park on both sides of the street. Finally, the officer conceded that he did not use a speed-timing device to determine the speed of the motorist on this occasion and that no conditions existed that otherwise showed that the motorist’s speed was unsafe.

After hearing testimony and considering other evidence at a preliminary hearing, the allegations of DUI against our client were dismissed. Although the Magisterial District Judge dismissed all charges, the Commonwealth is now weighing whether or not to re-file charges.

No two cases are exactly the same. The facts of each case often are in dispute. You cannot expect that your case will be resolved just like this one. However, you can expect our best effort, personal attention, and a commitment to the defense of your freedom.