Monday, October 29, 2012

Com v J.G. (Trial) - DUI 2nd Offense, Simple Assault, Agg. Assault


Commonwealth v. J.G. (Trial)
Charge/Violation:     
75 §3802§§A1 -Driving Under Influence of Alch. Or Controlled Substance                                                                                     -2nd Offense   (Misdemeanor 1)
75 §3802§§A1 -Driving Under Influence of Alch. Or Controlled Substance -1st Offense      (Misdemeanor)
18§2701 §§A1 - Simple Assault. - (Misdemeanor 2)
18§2701 §§A1 - Simple Assault- (Misdemeanor 2)                                                              75§3323 §§B - Duties at Stop Signs - Yield Signs (Summary)
75§3714 §§A - Careless Driving - (Summary)
18§2702 §§A2 - Aggravated Assault. - (Felony 1)
18§2702 §§A2 - Aggravated Assault- (Felony 1)     
18§5104 - Resist Arrest/Other Law Enforce. - (Misdemeanor 2)
                                   

Case Summary:  Defendant's vehicle was stopped after allegedly running a stop sign.  Defendant was charged with assaulting a police officer, driving under the influence and numerous other traffic offenses (see above.)

Disposition:  At Defendant's Preliminary Hearing before the Honorable Robert L. Ford, Attorney Paletta was successful at getting the two Felony charges for Aggravated Assault against an Officer withdrawn.  He also managed to get the Misdemeanor - Resisting Arrest withdrawn.

At Defendant's Non-Jury Trial before the Honorable Anthony M. Mariani, Defendant plead guilty to the DUI charges and the 2 counts of Simple Assault.  Defendant received probation, community service and a $1,500 fine.   All other charges including those charged as Felony offenses were Withdrawn.