A liquor control enforcement officer faces a drunk driving charge following a car accident in Hanover Township, according to local sources. The Pennsylvania officer has been charged with DUI following a Jan. 9 crash. He is currently free on his own recognizance, but he has been placed on restricted duty pending a court date.
According to the police report filed at the time, officers responded to reports of a crash around 1 a.m. where they found the 34-year-old man's vehicle had crashed into both a utility pole and a tree. The man was helped from the vehicle and was bleeding heavily from a laceration on his head. Attending officers reported detecting the scent of an alcoholic beverage on his breath.
The man allegedly admitted to having been coming from a bar when the crash occurred and that he had had "too much to drink." He also reportedly agreed to a blood alcohol test, which officers say registered the man as being over three times the legal limit for the state of Pennsylvania. He was summarily arrested and now faces charges of DUI as well as careless driving.
As this DUI case heads to court, Pennsylvania prosecutors will likely seek to prove the validity of the blood test, as well as document that it was properly administered. If it becomes clear the man did not agree to the blood test, or if any other step of the investigation and arrest process violated his personal rights, any evidence gained might be rendered inadmissible in court. In those circumstances, prosecutors would have to rely upon other evidence to gain a conviction. The defendant, alongside his attorney, may have the opportunity to negotiate a plea bargain if he believes that to be an option in his own best interests.
Source: timesleader.com, "Liquor Control enforcement officer charged with DUI after crash in Hanover Twp.", Jerry Lynott, Feb. 7, 2015