X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
�1 This is an appeal from a judgment of sentence entered in the Court of Common Pleas of Delaware County, after a jury convicted Appellant, William Billings, of Driving Under the Influence of Alcohol (“DUI”), 75 Pa.C.S. � 3731(a)(1). *fn1 Appellant’s sole issue on appeal is whether the court erred by refusing to instruct the jury on the defense of justification. We affirm.

�2 The facts of record establish that on May 19, 1996, at about 2:10 a.m., Nether Province Township Police Officer Douglas Soule was traveling southbound on Turner Road when he observed a vehicle parked in the middle of the northbound lane. After Officer Soule passed the car and made a U-turn, the car began to move, and Officer Soule followed it. Soule observed the car cross the yellow lines and swerve within its lane and stopped the car. Appellant was driving the car, and Karen Percival was sitting in the passenger seat. Appellant identified himself to the officer as “David Peaschek” but did not provide identification. Appellant told the officer that the car was stopped in the middle of the road because Appellant’s companion, who had been driving, would no longer drive as she had hit a small animal in the street and was too upset to continue driving. Thus, Appellant explained that he had to take over and drive the car.

�3 While speaking to Appellant, the officer noticed signs of intoxication and administered a field sobriety test. Appellant failed the field sobriety test and was taken into custody for further tests at the hospital, where Appellant continued to identify himself as “David Peaschek.” The results of the blood test indicated Appellant had a blood alcohol level of 0.25%, which is beyond the legal limit, and Appellant was taken to the police station and finger- printed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Women, Influence & Power in Law UK Awards 2024

March 06, 2024
London, UK

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More

Florida Legal Awards (FLLA) 2024

April 04, 2024
Miami, FL

Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.


Learn More

Consulting Rising Stars of the Profession 2024

April 11, 2024
Chicago, IL

Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.


Learn More

Associate Attorney


Seeking Estate Administration Attorney for busy boutique office. Huge upside potential and growth opportunity.NYS Bar Admission and relevan...


Apply Now ›

San Francisco - Labor and Employment Associate


Description: Fox Rothschild LLP has an opening in the San Francisco, CA office for an associate in our Labor & Employment Department. Th...


Apply Now ›

(EXCLUSIVE) ASSOCIATE WANTED FOR MID-SIZED FIRM RARE OPPORTUNITY TO SUPPORT PARTNER WITH BOTH LITGATION AND TRANSACTIONAL MATTERS (Atlanta, GA)


Our client, a mid-sized Atlanta based litigation firm, is seeking to add an associate to their expanding ranks. Ideal candidates will have 2...


Apply Now ›

Danaher Lagnese, PC

02/22/2024
Connecticut Law Tribune

Professional Announcement


View Announcement ›

Blume Forte Fried Zerres & Molinari

02/19/2024
New Jersey Law Journal

Frederick D. Miceli has joined the firm as Of Counsel


View Announcement ›

BENCHMARK RESOLUTION SERVICES, LLC

01/29/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›