A witness who says they saw a man consuming alcohol in a parking lot led police to make an arrest, according to local sources. Pennsylvania authorities arrested a man on Oct. 12 after a local individual called in to accuse him of drinking and driving. The man was charged with DUI and is currently awaiting a court date.
The story began when an unidentified person called 911 to report a man who was allegedly consuming beer in a local parking lot. The man then apparently got into his vehicle and drove away. Police responded to the call on the evening of the day in question and say they were able to track down the vehicle. The 911 call had apparently included detailed information about the vehicle, including a license plate number and color, make and model.
The man was pulled over, and police say they found a half-full tall can of beer in the car. A field sobriety test was apparently implemented, and the man apparently blew a .08, which is the threshold DUI blood alcohol level for Pennsylvania drivers. The man was subsequently arrested and charged with DUI as well as possession of an open container in a vehicle. It was not reported when the case will be heard in court.
In order for a Pennsylvania court to rule in favor of the prosecution in a DUI case of this type, compelling evidence will be required to prove the man was drunk at the time of his arrest. Considering even the evidence as it stands suggests that the man was barely at the threshold BAC level, the results may be subject to challenge by the defense. Additionally, the details of his arrest and the procedures followed by local police authorities will likely be carefully examined to identify potential legal issues to raise before the court.
Source: lehighvalleylive.com, "Witness spots man drinking beer at Wawa, leads to DUI arrest in Lower Saucon Township, police report", Sarah M. Wojcik, Oct. 27, 2014