'There's no evidence of unsafe driving'

'There's no evidence of unsafe driving'

By JENNIFER MILLER, Staff Writer
08/22/2008

WEST GOSHEN — A judge dismissed reckless endangerment charges against a man who was allegedly intoxicated when his car collided with a bicyclist, causing fatal injuries.
Mark E. Delguzzo, 24, of Chester Springs, was charged with DUI and reckless endangerment in July, roughly seven weeks after his vehicle collided with bicyclist Paul Hally, 35, of West Goshen. Hally was pronounced dead at the scene.

At Delguzzo's preliminary hearing Thursday, Magisterial District Judge William Kraut dismissed the reckless endangerment charge after defense attorney Bill Gallagher argued that a 1998 case law showed there were no grounds for the charge.
The DUI case of Cathy M. Mastromatteo was appealed to
the state's Superior Court in 1998. The court ruled there is no evidence to support "that driving under the influence alone creates the degree of risk legally necessary to convict for reckless endangerment."
In Delguzzo's case, Gallagher told the judge, "There's no evidence of unsafe driving."
Assistant District Attorney Deb Ireland argued that the combination of alcohol and drugs found in Delguzzo's system, along with his decision to drive, resulted in reckless endangerment.
But, the judge agreed with Gallagher's argument.

"Based on the case Mr. Gallagher has presented to this court, I don't think I have any other choice but to dismiss this charge," Kraut said.

Gallagher waived his right to a hearing for the DUI charge, which will now go to Common Pleas Court.

Meanwhile, District Attorney Joseph Carroll said this week he still intends to review the case — a review he agreed to after the victim's family raised concerns over the initial charges.

"Our hope is that when the DA, Joseph Carroll, reviews the case as promised, all evidence will allow for the proper charges to be placed," said Leilia Hally, the victim's mother.

Leilia Hally said there is a big gap in the legal system when it comes to DUIs. She said she believes the legal system treats fatal DUI crashes involving two vehicles differently than fatal DUI crashes involving bicycles.

"Some kind of law has to be passed to close that gap," she said.

To file a charge of vehicular homicide while DUI, Carroll said his office needs to prove the crash would not have occurred had the defendant been sober. Reconstruction of the crash seemed to show that a sober driver would not have seen the cyclist in time to prevent the crash, Carroll said.
Delguzzo was going about 30 mph in the 1000 block of West Chester Pike in West Goshen when the crash occurred, according to police. Delguzzo reportedly told... Continue at Daily Local News

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California DUI Lawyer Expands Services to Additional Northern California Counties

California DUI Lawyer Expands Services to Additional Northern California Counties SAN FRANCISCO, CALIFORNIA August 12, 2008 Legal News (PRLEAP.COM) The California based DUI defense firm of Robert Tayac has expanded its services to clients in the Northern California counties of Santa Clara, Sonoma and Napa. According to the information at http://www.californiaduidefense.com/ the Law Office of Robert Tayac accepts only driving under the influence cases and has been providing the highest quality representation available to those accused of DUI in the courts of San Francisco, Alameda, Contra Costa, Marin and San Mateo. According to Mr. Tayac, the reason for the expansion is simple – those accused of driving under the influence have requested our help.

Mr. Tayac goes on to say that Santa Clara, Sonoma and Napa counties have some of the strictest DUI penalties in California. Law enforcement officers of the California Highway Patrol, local police agencies and county sheriff’s departments have collaborated with the District Attorneys of these three counties to strictly enforce the DUI laws and prosecute residents and visitors for driving under the influence and for driving with a breath or blood alcohol level of 0.08 percent or more.

What’s more, every DUI arrest initiates a second case against the
Continue at...http://www.prleap.com/pr/124398/

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Don't Get Your Drivers Licence Suspended! All States Have DUI Laws!

All States Have DUI Laws.
Don't Get Your Drivers Licence Suspended!

› Alabama DUI Law	› Alaska DWI Law	› Arizona DUI Law	› Arkansas DWI Law
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› West Virginia DUI Law	› Wisconsin OWI Law	› Wyoming DUI Law

Driving Under the Influence is DUI.

Get a GOOD Defence.


Cases involving driving under the influence are known by many different names, but all of them require the services of a skilled criminal defense DUI lawyer, no matter whether your jurisdiction calls drunk driving DUI (driving under the influence), DWI (driving while impaired or intoxicated), OUI (operating under the influence), DUII (driving under the influence of intoxicants), OUIL (operating under the influence of liquor), DWAI (driving while abilities are impaired), OMVI (operating a motor vehicle while impaired), or even “wet reckless” (alcohol related reckless driving). If you’ve been arrested for any of these crimes, the potential consequences are serious, but help from a knowledgeable drunk driving criminal defense lawyer is just a mouse-click away.




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