Havertown Accident Results in DUI Charges for Man On A Bike
As a Pennsylvania Automobile Accident Lawyer, I represent individuals who are injured in an automobile accident at the hands of DUI drivers. But, this story is beyond comprehension.
On the 4th of July, a Montgomery County man, Jeff Burke, thought he was doing the responsible thing. He knew he was going to have some beers at a party so he rode his bicycle. On his way back home, he was involved in a bicycle accident when a car crashed into the rear of his bicycle. Burke was taken to the hospital where he was diagnosed with a fractured tailbone. At the hospital, a blood test was performed which revealed his blood-alcohol level was 0.155. The legal limit in Pennsylvania is 0.08. So, Montgomery County assistant district attorney, charged Burke with DUI - driving while intoxicated. Burke has been sentenced to 30 days in jail and 22 months probation. He had a prior DUI conviction.
This case irritates me. Here we have a Pennsylvania citizen who learned and was rehabilitated from his prior mistake - a DUI while operating an automobile. So, he acts responsibly and takes his bicycle because he knows he is going to be drinking. He gets rear ended and ends up getting jail time, probation, fined $1500 and losing his license for 18 months. This is simply absurd. The ADA should have shown some discretion here. This does not encourage others to ride their bikes when they are going to drink which, to me, sounds like a great idea.
