Ex-congressman may get jail for drunken driving

DUI DWI Laws

Disgraced former Rep. Vito Fossella is headed to court to find out if he has to serve jail time for a drunken-driving incident that wrecked his career by revealing he'd fathered a child from an extramarital affair.

A judge has scheduled a Monday afternoon hearing to decide if Fossella, a New York City congressman for more than a decade, was so drunk he should be slapped with a five-day jail sentence.

Fossella was arrested after running a red light on May 1 in a Virginia suburb of Washington, and convicted of drunken driving in October. Under Virginia law, a driver who registers a blood alcohol content of 0.15 or higher must serve five days behind bars. Police say Fossella's blood alcohol content was 0.17.

The arrest led to revelations that Fossella — who has a wife and three children in his home district of Staten Island — also had a young daughter with a former Air Force officer.

Fossella decided not to seek re-election this year, and a Democrat won his seat. Now, Fossella faces the prospect of ending his once-promising political career with a stint in the slammer.

Judge Becky Moore of Alexandria General District Court has received pre-sentencing arguments from both sides.

In court papers, Fossella's lawyer, Jerry Phillips, contends the machine the police used to test Fossella's blood alcohol content was faulty and for that reason he should not face jail time.

The lawyer is asking the judge to sentence Fossella to a suspended jail sentence, an alcohol safety course and a one-year suspension of his driver's license in Virginia.

Prosecutor David Lord dismissed the contention there was anything wrong with Fossella's intoxication test results, and suggested Fossella may have pounded drinks just before getting behind the wheel, which would have led to his 0.17 reading on the machine.

"It is a reasonable inference that if a person 'slams' or rapidly consumes alcohol immediately before leaving a bar, the suspect will experience a rising BAC at the time of arrest," Lord argued, referring to the blood alcohol level.

Related listings

  • Drunken drivers roll down state information gaps

    Drunken drivers roll down state information gaps

    DUI DWI Laws 11/09/2008

    A Texas man arrested on suspicion of first-offense drunken driving posted a $200 bond and walked out of a Nebraska jail without facing a judge.Only this wasn't his first DUI arrest, or second, or even his third. It was 44-year-old Robert Hood's fourt...

  • Williams not guilty on drunken driving

    Williams not guilty on drunken driving

    DUI DWI Laws 07/11/2008

    Jacksonville Jaguars defensive back Brian Williams has been found not guilty of drunk driving after a night of partying.The athlete showed no reaction as the verdict was read Thursday. Had he been convicted, he faced up to a year in jail.Officers say...

  • Weiland Pleads Not Guilty to DUI

    Weiland Pleads Not Guilty to DUI

    DUI DWI Laws 03/07/2008

    Rocker Scott Weiland has pleaded innocent to drunk-driving charges following his November arrest in Los Angeles.The Velvet Revolver singer entered his plea in a L.A. court through his attorney on Wednesday.Weiland is free on $40,000 bail and is due b...

Victorville CA DUI defense Attorneys

The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.

The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.

Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .

Business News

St Peters, MO Professional License Attorney Attorney John Lynch has been the go-to choice for many professionals facing administrative sanction. >> read