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Client Walks Free After Leo Mulvihill Secures DUI Dismissal

A Fishtown Law client charged with DUI found recently found himself a free man after defense attorney Leo Mulvihill successfully argued to have all the charges dismissed. The client was arrested on suspicion of DUI and charged with DUI, Highest rate of alcohol (75 Pa. C.S. §3802(c)) when he was later found to have a BAC of .017. The client was now facing trial in the Philadelphia Municipal Court, Criminal Division, where if convicted, he faced a mandatory minimum 72 hours-6 months incarceration, $1,000.00 fine, and the loss of his license for a year.

Upon review of the client’s file, Mulvihill realized that the client had been issued a traffic ticket for careless driving, which had been dismissed at Philadelphia Municipal Court, Traffic Division—a fact the the client’s prior attorney had missed.

Just prior to trial, Mulvihill moved to have the DUI dismissed under 18 Pa C.S. §110—the compulsory joinder rule of the Pennsylvania Crimes Code. While initially met with a skeptical Court, Mulvihill ultimately swayed the judge by invoking the Crime Code’s definition of “acquittal” under §109 of the Crimes Code. The Court ordered the case dismissed, and the client walked out of Court a free man.

While every case is different, what made this case ultimately successful was Mulvihill’s diligent review of his client’s file,  his knowledge of the law, and his zealous advocacy.

If you are facing criminal prosecution, in Philadelphia, Bucks County, Chester County, Delaware County, Montgomery County, or New Jersey — don’t wait. Call Leo today at 215.385.5291.